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12.—(1) Notwithstanding the extinguishment of rights effected by articles 8(2) and 26(1), until such time as Network Rail makes a grant of rights in accordance with sub-paragraph (2), Network Rail shall so far as reasonably practicable, permit RFF, its servants and agents and its tenants of shops 2 to 4, 3 and 5 Waverley Steps access over Waverley Steps for pedestrian traffic only to those shops at all times when access over Waverley Steps is available to the general public.
(2) Network Rail shall grant RFF a servitude right of access over Waverley Steps for pedestrian traffic only to shops 2 to 4, 3 and 5 Waverley Steps, such right to be exerciseable at all times when access over Waverley Steps is available to the general public.
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