Page 18 - Demo

after giving reasonable prior written notice of not less than 5 working days to the Owner:
8.1 for all reasonable purposes in connection with representations in respect of the Development Plans or obtaining a Relevant Planning Permission;
8.2 for the negotiation of the terms of any Planning Agreement; and/or
8.3 otherwise for the purpose of this Agreement so as to achieve the Objectives as soon as reasonably practicable
PROVIDED THAT
8.3.1 intrusive ground investigations by way of trial pits and bore holes may only be undertaken during the Marketing Period (on any day of the week) and subject to the Promoter providing the Owner with not less than 3 weeks prior written notice;
8.3.2 upon receipt of such notice from the Promoter the Owner shall as soon as reasonably possible stipulate requirements in respect of such entry which shall be agreed with the Promoter (such agreement not to be unreasonably withheld or delayed) and in the event of failure to agree shall be determined in accordance with clause 11.3 and both Parties agree to comply with such agreed or determined requirements; and
8.3.3 the Promoter causing as little damage and inconvenience to the Property and the Owner’s occupier or the tenant of the Property as reasonably practicable and using its reasonable endeavours to make good any damage caused; and
8.3.4 all persons exercising the rights of access onto the Property shall have third party liability insurance with a limit of indemnity of no less than one million pounds (£1,000,000) in respect of any one incident or such other level of indemnity that may be reasonable with regard to the purpose of the entry and as may be approved by the Owner from time to time (such approval not to be unreasonably withheld or delayed).
9 VALUE ADDED TAX
9.1 The Parties acknowledge that any sums payable or deductible under the terms of this Agreement are exclusive of VAT and that save as provided in clause 9.2 below VAT will be chargeable in addition to them where appropriate.
9.2 It is agreed that the Promoter’s obligations to reimburse the Owner for any costs incurred by the Owner in accordance with this Agreement which are recoverable by the Owner shall be treated as a requirement for the Promoter to make a contribution towards such costs exclusive of any VAT thereon that the Owner is able to recover.
9.3 The parties agree that for the avoidance of doubt, the Owner shall not be prevented from making a valid option to tax pursuant to Schedule 10 of the Value Added Tax Act 1994 in relation to the Property.
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc