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1. The Street Authority for the Highway mentioned in Section
Two of Form SWL2 (hereinafter called "the Highway") hereby grant to the party
named in Section One of Form SWL2 (hereinafter called "the Licensee") with the
intent that the same shall benefit and run with the property described in
Section TWO of Form SWL2 here to Licence under Section 50 of the New Roads and
Street Works Act 1991 to place and leave in the Highway shown by as red broken
line in the plan to be submitted hereto the apparatus (hereinafter referred to
as "the "Apparatus") short particulars of which are set out in the Section Two
of Form SWL2 hereto and to maintain repair and reinstate the Apparatus and
break open and have access to the Highway for those purposes upon the terms and
subject to the conditions hereinafter specified and subject also to the
relevant conditions and provisions contained in Schedule 3 and the said Act and
the Licensee hereby accepts the Licence upon and subject to the said terms
conditions and provisions.
2. This licence is granted to the owner of apparatus and his Successors in
Title and where he proposes to part with his interest in the apparatus, he
shall before doing so give 6 weeks notice to the Street Authority stating to
whom the benefit of the licence is to be transferred.
3. The licensee shall:
(a) Conduct all the relevant works in accordance with the requirements of the
New Roads and Street Works Act 1991, and its associated Secondary Legislation
and Code of Practice.
(b) Indemnify the Street Authority against any claim in respect of injury,
damage or loss arising out of:
(i) the placing or presence in the street of apparatus to which the licence
relates, or
(ii) the execution by any person of any works authorised by the licence; and
the former licensee shall indemnify the Street Authority against any claim in
respect of injury, damage or loss arising out of the execution by the Authority
or the Licensee of any works under Paragraph 7
4. The Licensee shall pay the Street Authority in connection with the grant of
the licence:
(a) The sum of
�120.20in respect of administration expenses (non returnable)
(b) The sum of
�180.30which the Street authority will accept as a capitalised
payment in lieu of the annual fee for administering the licence recoverable
under Schedule 3 Section 2b of the New Roads and Street Works Act 1991
(c) The sum of �150.00for the chargeable
inspection fees.
(d) Works in excess of 200 metres length will be subjected to additional
Inspection Fees
5. The licence hereby granted shall remain in force until withdrawn by the
Street Authority under Schedule 3 of the New Roads and Street Works Act 1991 or
surrendered to the Street Authority by the Licensee.
6. The Street Authority may determine this licence at any time:
(a) on the expiration of such period as may be specified in the Notice being a
period of not less than seven working days beginning with the date of the
service of the Notice on the Licensee if any condition of this licence is
contravened by the Licensee or if the Street Authority becomes aware of the
fact that the Licensee intends to cease using or has abandoned the apparatus or
intends to do so or
(b) the Licensee has parted with or intends to part with his interest in the
apparatus in a case where assignment of the licence is prohibited or
(c) the Street Authority considers the withdrawal of the licence is necessary
for the purpose of the exercise of their function as Street Authority.
NB: Under sub paragraph (c) not less than 3 months' notice will be given by the
Street Authority.
7. Where a licence expires or is withdrawn or surrendered the Street Authority:
(a) may remove the apparatus to which the licence relates or alter it in such
manner as they think fit and reinstate, the street and may recover from the
former Licensee the expenses incurred by them in doing so.
(b) if satisfied that the former Licensee can, within such reasonable time as
they specify, remove the apparatus or alter it in such a manner as they may
require and reinstate the street, they may authorise him to do so at his own
expense. A further licence will be required for such works.
8. Any licence issued under this procedure by the Street Authority must not be
construed as conferring any right for the applicant to make any connection to a
sewer, drain, pipe, cable or other apparatus.
9. The licence does not confer any right on the Licensee, as against the owners
of land which the highway is situated, to use the land. The Licensee must make
his own arrangements with such owners in cases where consent is needed.
10. In this License the terms:
"Licensee" shall include the Successor in Title - Personal Representative-
Receiver - Liquidator or Trustee of the Licence
"Highway" shall include and apply to each and every Highway, when more than one
Highway is specified in Section 2 of the Form SWL1 hereto.
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