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55.—(1) Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not except with the agreement of BPC (such agreement not to be unreasonably withheld or delayed) exercise any construction access rights over BPC’s land other than in respect of parcels G150, G151, G152 and G155 as set out in Section G of the Book of Reference or otherwise use any part of BPC’s land for the purpose of gaining access to any part of the authorised development or any other land or in connection with the carrying out, inspection or maintenance of the authorised development.
(2) The undertaker must promptly and at its cost and expense make good any and all damage and wear and tear caused to any part of BPC’s land which is used by the undertaker for the purpose of gaining access to the authorised development or any other land or in connection with the carrying out, inspection or maintenance of the authorised development and must restore all such land (together with all associated structures, signs and barriers) to at least as good a condition as they were in before the undertaker’s use started including making good the subsoil, foundations and surface of that land.
(3) If required to do so by BPC (acting reasonably), the undertaker must procure that surveys are carried out to a specification approved by BPC (acting reasonably) to show the condition of the relevant land to be used for access (together with all associated structures, signs and barriers) before the undertaker’s use of them begins and after that use ends.
(4) If required to do so by BPC (acting reasonably), the undertaker must permit BPC to inspect the execution of all works of reinstatement being carried out under this paragraph in order to ensure compliance by the undertaker with the requirements of this paragraph.
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