Paragraph 9 Facilities and rights for alternative apparatusI1

Where, in accordance with the provisions of this part of this Schedule, the promoter affords to an undertaker facilities and rights for the construction and maintenance in land of the promoter of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the promoter and the undertaker in question and shall be no less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by the undertaker.

If the facilities and rights to be afforded by the promoter and agreed with the undertaker under 8(1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject in the matter shall be referred to arbitration and, the arbitrator shall make such provision for the payment of compensation by the promoter to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

The promoter and the undertaker agree that where there is any inconsistency or duplication between the provisions set out in this Schedule relating to the relocation and or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and or removal of apparatus) and the provisions of any existing easements rights agreements and licences granted used enjoyed or exercised by the undertaker as of right or otherwise in relation to the apparatus then the provisions in this Schedule shall prevail.