OtherFirst-tier Tribunal (Property Chamber)·23 October 2025

First-tier Tribunal Judgment on Tenant's Installation and Access Rights

Case No.

📌 In brief

This judgment covers a tenant's rights to install equipment, a person the a person, and maintain conduits, while also detailing specific conditions and restrictions agreed between the tenant and landlord.

⚖️ Legal holding

The judgment applies common law principles governing lease agreements and property rights.

Topics

tenancy agreementsinstallation rightsaccess conditions

📖 Technical summary

The judgment outlines agreed disputed terms between parties regarding various rights and obligations over a property, including restrictions, compensation, and usage rights.

📜 Headnote Official document

The judgment addresses a tenant's rights to installation, access, and maintenance of conduits on the property, outlining various conditions and restrictions agreed upon by both parties.

📚 Full judgment Official document

OUTCOME: [NAME] (Multiple References) Schedule of Disputed Terms

*Agreed at c15:30 on 10 July 2024, and handed up to the Tribunal on 11 July 2024

1 TABLE OF CONTENTS 1 VARIATION OF THE [NAME] ................................................................................... 7 2 [NAME] ....................................................................................................... 8 3 RENT COMMENCEMENT DATE ............................................................................... 8 4 RENT REVIEW ........................................................................................................ 9 5 FUTURE COMPENSATION ...................................................................................... 9 6 RESTRICTIONS ON USE ........................................................................................ 10 7 SHARING ............................................................................................................. 10 8 OBJECTIONS TO PLANNING APPLICATIONS .......................................................... 11 9 ICNIRP ................................................................................................................ 12 10 [NAME] .................................................................................................. 13 11 [NAME] ......................................................................................... 13 12 WAYLEAVES (CLAUSE 4.2.1) ................................................................................. 15 13 WAYLEAVES (CLAUSE 4.2.2) ................................................................................. 15 14 WAYLEAVES (CLAUSE 4.2.3) ................................................................................. 16 15 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.1) ......................................................... 16 16 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.2) ......................................................... 18 17 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.3) ......................................................... 18 18 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.4) ......................................................... 19 19 LANDLORD BREAK ............................................................................................... 19 20 TENANT’S RIGHT TO ADD TO THE [NAME] ................................................... 21 21 RELOCATION OF THE GENERATOR ....................................................................... 22 22 RIGHT TO LAY CONDUITS ..................................................................................... 22

[NAME] (Multiple References) Schedule of Disputed Terms

2 23 TREE LOPPING ..................................................................................................... 23 24 [NAME] TO ENTER THE [NAME] ..................................................... 24 25 [NAME] TO USE CONDUITS ............................................................... 25 26 [NAME] TO [RESPONDENT] ...................................................... 26 27 REQUIREMENT FOR LANDLORD TO BE ACCOMPANIED ON THE [NAME] ........... 26 28 [NAME]: TERM (18 MONTHS) ................................................................. 28 29 [NAME]: [NAME]............................................................. 28 30 [NAME]: FENCING ................................................................................ 28 31 [NAME]: RIGHTS TO [NAME] [NAME] ........................... 28 32 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] ........... 29 33 [NAME]: TREE LOPPING ........................................................................ 29 34 [NAME]: TERM (3 YEARS) ..................................................................... 30 35 [NAME]: [NAME] PARTY RIGHTS ............................................................. 30 36 [NAME]: LIFT AND SHIFT OF [NAME] AND/OR [NAME] ........... 30 37 [NAME]: SWITCH-OFF ......................................................................... 31 38 [NAME]: RIGHTS TO [NAME] [NAME] [NAME] ....... 33 39 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] ............ 34 40 [NAME]: TREE LOPPING ...................................................................... 35 41 HEXTON: [NAME] AND MAST HEIGHT RESTRICTION ............................ 35 42 HEXTON: TERM (18 MONTHS) ............................................................................... 36 43 HEXTON: [NAME] .............................................................. 36 44 HEXTON: RIGHTS TO [NAME] [NAME] ........................ 37 45 HEXTON: RIGHTS TO LAY CONDUITS ON [NAME] ........ 37 46 HEXTON: TREE LOPPING ...................................................................................... 38

[NAME] (Multiple References) Schedule of Disputed Terms

3 47 NEWCHURCH: [NAME] (ON OR AFTER Y5) ......................................... 39 48 NEWCHURCH: RIGHTS TO [NAME] [NAME] ................................ 40 49 NEWCHURCH: RIGHTS TO LAY CONDUITS ON [NAME] ................ 41 50 NEWCHURCH: TREE LOPPING ............................................................................. 41 51 NEWCHURCH: [NAME] TO DEVELOP ADJOINING LAND ...................... 42 52 HIGHER HAWKSLAND: TERM (3 YEARS) ................................................................ 42 53 HIGHER HAWKSLAND: [NAME] .......................................... 42 54 HIGHER HAWKSLAND: RIGHTS TO [NAME] [NAME] .... 43 55 HIGHER HAWKSLAND: RIGHTS TO LAY CONDUITS ON [NAME] 43 56 HIGHER HAWKSLAND: TREE LOPPING .................................................................. 44 57 AMPTHILL: TERM (3 YEARS) .................................................................................. 45 58 AMPTHILL: [NAME] ............................................................ 45 59 AMPTHILL: TENANT’S RIGHT TO PARK ON THE [NAME] ......................................... 45 60 AMPTHILL: RIGHTS TO [NAME] [NAME] ...................... 46 61 AMPTHILL: RIGHTS TO LAY CONDUITS ON [NAME]...... 46 62 AMPTHILL: TREE LOPPING .................................................................................... 47 63 SANDBACH: TERM (3 YEARS) ................................................................................ 48 64 SANDBACH: TENANT’S RIGHT TO PARK ON THE [NAME] ...................................... 48 65 SANDBACH: [RESPONDENT] TO RETAIN STRUCTURAL WORKS ....................... 48 66 SANDBACH: RIGHTS TO [NAME] [NAME] [NAME] AND [NAME] 49 67 SANDBACH: RIGHTS TO LAY CONDUITS ON [NAME] [NAME] AND [NAME] 49 68 SANDBACH: TREE LOPPING ................................................................................. 50 69 [NAME]: [NAME] ........................................................... 51 70 [NAME]: TERM (3 YEARS) ................................................................. 52

[NAME] (Multiple References) Schedule of Disputed Terms

4 71 [NAME]: INTERFERENCE / SWITCH-OFF .......................................... 52 72 [NAME]: [NAME] .......................................... 53 73 [NAME]: RIGHTS TO [NAME] [NAME] .... 53 74 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 54 75 [NAME]: TREE LOPPING .................................................................. 54 76 [NAME]: [NAME] ........................................... 55 77 [NAME]: [NAME] (ON OR AFTER Y5) .............................. 55 78 [NAME]: RIGHTS TO [NAME] [NAME] ..... 57 79 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 57 80 [NAME]: TREE LOPPING ................................................................... 58 81 [NAME]: TERM (3 YEARS) .............................................................................. 59 82 [NAME]: [NAME] AND MAST HEIGHT RESTRICTION ...................... 59 83 [NAME]: [NAME] ....................................................... 60 84 [NAME]: RIGHTS TO [NAME] [NAME] ................. 60 85 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] . 61 86 [NAME]: TREE LOPPING ............................................................................... 62 87 CAMBOURNE: [NAME] AND MAST HEIGHT RESTRICTION ..................... 63 88 CAMBOURNE: TERM (3 YEARS) ............................................................................. 64 89 CAMBOURNE: INDEMNITY ................................................................................... 64 90 CAMBOURNE: INTERFERENCE / SWITCH-OFF....................................................... 66 91 CAMBOURNE: RECORD OF CONDITION OF [NAME] ......................................... 68 92 CAMBOURNE: [NAME] ................................................................... 69 93 CAMBOURNE: RIGHTS FOR LANDLORD TO RE-ROUTE CONDUITS ......................... 69 94 CAMBOURNE: [NAME] ...................................................... 69

[NAME] (Multiple References) Schedule of Disputed Terms

5 95 CAMBOURNE: RIGHTS TO [NAME] [NAME] ................ 70 96 CAMBOURNE: RIGHTS TO LAY CONDUITS ON [NAME] 70 97 CAMBOURNE: TREE LOPPING .............................................................................. 71 98 CHESTERFIELD: TERM (18 MONTHS) ..................................................................... 71 99 CHESTERFIELD: TENANT’S RIGHT TO PARK ON THE [NAME] ................................. 72 100 CHESTERFIELD: TENANT’S OBLIGATIONS TO [NAME] ............................... 72 101 CHESTERFIELD: PERMITTED USE .......................................................................... 72 102 CHESTERFIELD: INTERFERENCE / SWITCH-OFF .................................................... 73 103 CHESTERFIELD: RIGHTS TO [NAME] [NAME] ............................... 74 104 CHESTERFIELD: RIGHTS TO LAY CONDUITS ON [NAME] ............... 74 105 CHESTERFIELD: TREE LOPPING ............................................................................ 75 106 MILDENHALL: TERM (3 YEARS) ............................................................................. 75 107 MILDENHALL: SWITCH-OFF ................................................................................. 76 108 MILDENHALL: RIGHTS TO [NAME] [NAME] [NAME] AND [NAME] 77 109 MILDENHALL: RIGHTS TO LAY CONDUITS ON [NAME] [NAME] AND [NAME] 77 110 MILDENHALL: TREE LOPPING ............................................................................... 78 111 CARSHALTON: EQUIPMENT CAP AND MAST HEIGHT RESTRICTION ........................ 79 112 CARSHALTON: TERM (3 YEARS) ............................................................................ 80 113 CARSHALTON: RESTRICTIONS ON USE ................................................................. 80 114 CARSHALTON: [NAME] .................................................................. 80 115 CARSHALTON: INDEMNITY ................................................................................... 80 116 CARSHALTON: TENANT’S RIGHT TO PARK ON THE [NAME] ................................... 82 117 CARSHALTON: NON-INTERFERENCE WITH [NAME] .................................... 83 118 CARSHALTON: INTERFERENCE / SWITCH-OFF ...................................................... 83

[NAME] (Multiple References) Schedule of Disputed Terms

6 119 CARSHALTON: [NAME] ..................................................... 85 120 CARSHALTON: COMPLIANCE WITH [NAME] PARTY RIGHTS ..................................... 86 121 CARSHALTON: [NAME] .................................................................. 86 122 CARSHALTON: RE-ROUTE CONDUITS ................................................................... 86 123 CARSHALTON: RIGHTS TO [NAME] [NAME] ............... 87 124 CARSHALTON: RIGHTS TO LAY CONDUITS ON [NAME] 87 125 CARSHALTON: TREE LOPPING ............................................................................. 88 APPENDIX 1: TITLE-SPECIFIC DRAFTING ............................................................................................. 90 APPENDIX 2: TITLE STRUCTURE ....................................................................................................... 116

[NAME] (Multiple References) Schedule of Disputed Terms

7 SCHEDULE OF DISPUTED LEASE TERMS Key  Black -agreed wording  Blue – APW's proposed wording  [NAME]'s wording in response to the blue wording Clause no. [NAME]’s wording APW’s wording FTT wording GLOBAL TERMS ACROSS ALL 14 SITES 1 VARIATION OF THE [NAME] 1.1 [NAME]: means the route leading to and from the [NAME] to the public highway which is shown coloured brown on the Plan or such other route giving [NAME] to the [NAME] as the Landlord prescribes from time to time PROVIDED THAT there continues to be a reasonable means of obtaining [NAME] which continues to be wide enough to accommodate vehicles visiting the site, with a similar surface, and, where applicable, wide enough to turn vehicles on such [NAME] [NAME]: means the route leading to and from the [NAME] to the public highway which is shown coloured brown on the Plan or such other route giving [NAME] to the [NAME] as the Landlord prescribes from time to time PROVIDED THAT (i) there continues to be a reasonable means of obtaining [NAME] (ii) the new or remaining means of [NAME] is at least as wide as is reasonably necessary to accommodate vehicles (whether passing or turning) which could have been reasonably so accommodated by the original [NAME] position [NAME]: means the route leading to and from the [NAME] to the public highway which is shown coloured brown on the Plan or such other route giving [NAME] to the [NAME] as the Landlord prescribes from time to time PROVIDED THAT (i) there continues to be a reasonable means of obtaining [NAME] (ii) the new or remaining means of [NAME] is at least as wide as is reasonably necessary to accommodate vehicles (whether passing or turning) which could have been reasonably so accommodated by the original [NAME]

(iii) the physical characteristics of the ground over which the new/remaining means of [NAME] passes do not require the use of any specialist vehicles which would not have been required on the original [NAME].

[NAME] (Multiple References) Schedule of Disputed Terms

8 Clause no. [NAME]’s wording APW’s wording FTT wording (iii) the physical characteristics of the ground over which the new/remaining means of [NAME] passes do not require the use of any specialist vehicles which would not have been required on the original [NAME].

2 [NAME] 1.1 [NAME]: means any electronic communications apparatus (as deﬁned in the Electronic Communications Code) and for the avoidance of doubt the [NAME] shall remain the [NAME] of the Tenant and/or others using the [NAME] for the [NAME]: means any electronic communications apparatus (as deﬁned in the Electronic Communications Code) and for the avoidance of doubt ownership of the [NAME] shall not pass to the Landlord by reason of this agreement [NAME]: means any electronic communications apparatus (as deﬁned in the Electronic Communications Code) and for the avoidance of doubt the [NAME] shall remain the [NAME] of the Tenant and/or others sharing the use of electronic communications apparatus 3 RENT COMMENCEMENT DATE Clause 1.1 Rent Commencement Date: means [date determined by the court as the date from which interim rent is payable] Rent Commencement Date: means the date hereof [NAME] wording [Mr [NAME] conceded at the hearing that APW was content to use the consideration determined under the new agreement as the interim rent. Under those circumstances [NAME] wording makes it clear that the rent we have determined is payable from the date of application for interim rent. This will avoid any dispute should there be a delay in the new agreements taking eƯect]

[NAME] (Multiple References) Schedule of Disputed Terms

9 Clause no. [NAME]’s wording APW’s wording FTT wording 4 RENT REVIEW Clause 1.1 Rent Review: means every ﬁfth anniversary of the Term Commencement Date Rent Review: means every anniversary of the Term Commencement Date Rent Review: means every [NAME] anniversary of the Term Commencement Date

[Agreed by parties the hearing] 5 FUTURE COMPENSATION Landlord right to Future Compensation Clause 3.4 [No provision] 3.4.1 Neither the Landlord nor the Tenant is able to verify the full extent of the potential compensable losses that may be properly incurred and due to the Landlord until such time as the Tenant has exercised the rights granted in this Lease. 3.4.2 This clause 3.4.2 shall apply in the event that this Agreement is not imposed by an order pursuant to the Electronic Communications Code. If the Landlord sustains loss or damage or will sustain as a result of the exercise by the Tenant of a right under the Electronic Communications Code provided for by this Lease, the Landlord shall be entitled to compensation in accordance with the principles of paragraphs 25 and 84 of the Electronic Communications Code as though this Lease had been made by order under paragraph 20 of the Electronic Communications Code. APW wording

This is an unobjectionable clause expressly preserving the right of site owner to apply to the Tribunal under para’s 25 and 84. [NAME]’s concern that this clause may have “broader implications” i.e. its desire to deal with compensation outside the Code when negotiating a “consensual deal outside the Code” is not persuasive.

[NAME] (Multiple References) Schedule of Disputed Terms

10 Clause no. [NAME]’s wording APW’s wording FTT wording 6 RESTRICTIONS ON USE Clause 3.5.3 other than in connection with the Permitted Use, not to use the [NAME] for [NAME] and use of EV charging points, battery storage or any alternative or sustainable energy sources Not to use the [NAME], other than for the Permitted Use, save for battery storage or any alternative or sustainable energy sources incidental to the Permitted Use and for the avoidance of doubt this shall not include EV charging APW wording The dispute between the parties relates solely to wording in respect of EV charging. [NAME] have failed to establish business need for EV charging. Evidence of Mr [NAME] (Day 2 pp 51-54) – no current plans for EV. Speculative considerations that when electric vehicles become the norm [NAME] may wish to allow contractors visiting site to recharge vehicles. No consideration given as to whether contractors would have to pay to charge vehicles. Restrictions on use Further site-speciﬁc drafting set out below ([APPELLANT]; [APPELLANT]) 7 SHARING Tenant’s right to Share the [NAME] and Rights with [NAME] parties Clause 3.6.3 The Tenant is permitted to share occupation and use of the [NAME] and the Rights with providers of electronic communications networks for the purposes of the provision by them of their networks PROVIDED THAT nothing in any written agreement between the Tenant and an [NAME] pursuant to this paragraph shall be treated as an agreement by the Landlord for the purposes of paragraph 10(4) of the Electronic Communications Code

3.6.3 The Tenant is permitted to share occupation and use of the [NAME] and the Rights with providers of electronic communications networks who are in occupation of the [NAME] at the date of this Lease. The Tenant is permitted to share use of the [NAME] with other Operators for the purposes of the provision by them of their networks PROVIDED THAT nothing in any written agreement between the Tenant and an [NAME] pursuant to this paragraph shall be treated as an agreement by the Landlord for the purposes of paragraph 3.6.3 The Tenant is permitted to share occupation and use of the [NAME] and the Rights with providers of electronic communications networks who are in occupation of the [NAME] at the date of this Lease. The Tenant is permitted to share use of the [NAME] with providers of electronic communications networks for the purposes of the provision by them of their networks PROVIDED THAT nothing in any written agreement between the Tenant and an [NAME] pursuant to this paragraph shall be treated as an agreement by the

[NAME] (Multiple References) Schedule of Disputed Terms

11 Clause no. [NAME]’s wording APW’s wording FTT wording 3.6.4 The Tenant shall provide on the [NAME] request the full names and company numbers of the parties sharing occupation and use of the [NAME] and the Rights and the [NAME] provided that the Landlord shall not make such request more than once a year. 10(4) of the Electronic Communications Code 3.6.4 The Tenant shall provide on the [NAME] request the full names and company numbers of the parties sharing occupation and use of the [NAME] and the Rights and the [NAME] provided that the Landlord shall not make such request more than once a year. Landlord for the purposes of paragraph 10(4) of the Electronic Communications Code 3.6.4 The Tenant shall provide on the [NAME] request the full names and company numbers of the parties sharing occupation and use of the [NAME] and the Rights and the [NAME] provided that the Landlord shall not make such request more than once a year. 8 OBJECTIONS TO PLANNING APPLICATIONS Tenant’s obligation not to object to planning applications Clause 3.8.2 [No restriction to be included] not to object to any planning application the Landlord (or any [NAME] party acting with the authority of the Landlord) submits in relation to the [NAME] and/or any neighbouring land No restriction to be included

[NAME] (Multiple References) Schedule of Disputed Terms

12 Clause no. [NAME]’s wording APW’s wording FTT wording 9 ICNIRP Tenant’s obligation in relation to ICNIRP Clause 3.13.1 To comply with the applicable legislation and regulations imposed from time to time by relevant health and safety regulatory bodies (including the requirements of the International Commission on Non-Ionising Radiation Protection (“ICNIRP”) or such other organisation replacing ICNIRP as may be agreed between the parties as applicable to the [NAME]) relevant to the [NAME] and the use of electronic communications apparatus on the [NAME] in accordance with the Permitted Use and where the Landlord owns land adjoining the [NAME] and the Landlord has notiﬁed the Tenant that it intends to carry out works at height on that land the Tenant shall within a reasonable period of receipt of written request by the Landlord provide such information relating to ICNIRP exclusion zones relating to the [NAME] as is reasonable for the Landlord to meet its statutory health and safety obligations To comply with the applicable legislation and regulations imposed from time to time by relevant health and safety regulatory bodies (including the requirements of the International Commission on Non-Ionising Radiation Protection (“ICNIRP”) or such other organisation replacing ICNIRP as may be agreed between the parties as applicable to the [NAME]) relevant to the [NAME] and the use of electronic communications apparatus on the [NAME] in accordance with the Permitted Use and where the Landlord has notiﬁed the Tenant that it or a [NAME] party is proposing to work at a height and within the vicinity of the [NAME] where it is reasonably considered by the Landlord that anyone working in that location could be encroaching into an exclusion zone as provided for by the ICNIRP Guidance dated 2020 (as updated from time to time), the Tenant shall, within a reasonable period of receipt of written request by the Landlord, provide such reasonable information as the Landlord shall request relating to ICNIRP exclusion zones relating to the [NAME] (as currently installed). Agreed position

3.13.1 To comply with the applicable legislation and regulations imposed from time to time by relevant health and safety regulatory bodies (including the requirements of the International Commission on Non- Ionising Radiation Protection (“ICNIRP”) or such other organisation replacing ICNIRP as may be agreed between the parties as applicable to the [NAME]) relevant to the [NAME] and the use of electronic communications apparatus on the [NAME] in accordance with the Permitted Use and where the Landlord has notiﬁed the Tenant that it or a [NAME] party is proposing to work at a height and within the vicinity of the [NAME] where it is reasonably considered by the Landlord and/or the [NAME] party that anyone working in that location could be encroaching into an ICNIRP exclusion zone, the Tenant shall within a reasonable period of receipt of written request by the Landlord provide such information relating to ICNIRP exclusion zones as is reasonable for the Landlord and/or the [NAME] party to meet its statutory health and safety obligations

[NAME] (Multiple References) Schedule of Disputed Terms

13 Clause no. [NAME]’s wording APW’s wording FTT wording 10 [NAME] [NAME] right to remedy breach Clause 3.13.3 [No provision] If the Tenant is in breach of its obligations under this Lease and has not taken steps to remedy any breach within a reasonable period of the Tenant becoming aware of such breach (or immediately in the case of emergency) and if the consequences of such breach are to render the [NAME] insecure, or the perimeter fencing unsafe, or to substantially reduce the amenity of any land in the vicinity of the [NAME], then the Landlord may take such steps as it reasonably considers necessary to to ameliorate that insecurity, or lack of safety or, reduction of amenity No provision 11 [NAME] [NAME] 3.16.1 Subject always to the Tenant’s right to [NAME] the [NAME] in accordance with Schedule 1 paragraph 1.1: 3.16.1.1 the parties shall act reasonably and in good faith to agree any reasonable and practical arrangements as are necessary to accommodate any reasonable requirement from time to time arising out of the use by the [[NAME] and/or [NAME] and/or Landlord] of of their respective adjoining properties (if any). Subject always to the Tenant’s right to [NAME] the [NAME] in accordance with Schedule 1 paragraph 1.1: 3.16.1.1 the parties shall act reasonably and in good faith to agree any reasonable and practical arrangements as are necessary to accommodate any reasonable requirement from timeto time taking into account the [NAME]’s requirements 3.16.1.2 when obtaining [NAME] to the [NAME] the Tenant shall: (i) where applicable, re-lock any gates opened by the Tenant and [NAME] wording

[the reference to “arising out of use” is appropriate as APW is in eƯect an “absentee landlord”]

[NAME] (Multiple References) Schedule of Disputed Terms

14 Clause no. [NAME]’s wording APW’s wording FTT wording 3.16.1.2 when obtaining [NAME] to the [NAME] the Tenant shall: (i) where applicable, re-lock any gates opened by the Tenant and their agents, employees and contractors and sharers in taking such [NAME] immediately after opening such gate; (ii) keep safe and secure any keys or key codes supplied to the Tenant by [the [NAME] or] the Landlord for the purpose of taking such [NAME]; and [(iii) comply with the reasonable security and/or reasonable estate management regulations from time to time issued [by the [NAME] and/or [NAME] and/or Landlord] in respect of their respective properties (if any) and no charges shall be payable (iv) comply with such arrangements as agreed pursuant to clause 3.16.1.1 their agents, employees, and contractors and sharers in taking such [NAME] immediately after opening such gate; (ii) keep safe and secure any keys or key codes supplied to the Tenant by [the [NAME] or] the Landlord for the purpose of taking such [NAME]; and [(iii) comply with the reasonable security regulations from time to time issued by the Landlord and/or [NAME] in respect of [NAME] to the [NAME] [NAME] and/or [NAME] Tenant and no charges shall be payable (iv) comply with such arrangements as agreed pursuant to clause 3.16.1.1 [NAME] conditions Further site-speciﬁc drafting set out below (Carshalton, Cambourne)

[NAME] (Multiple References) Schedule of Disputed Terms

15 Clause no. [NAME]’s wording APW’s wording FTT wording 12 WAYLEAVES (CLAUSE 4.2.1) [NAME] obligation to enter into wayleaves Clause 4.2.1 4.2.1 If the Tenant requires, the Landlord will (upon payment of the [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves [and/or use reasonable endeavours to procure that the [NAME] complies with its covenant under the [NAME] (if applicable) to grant such wayleaves)] to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits [on over or under the [NAME] [NAME] and/or the [NAME]], as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights, subject to and in accordance with clause 4.2.2 below 4.2.1 If the Tenant requires, the Landlord will (upon payment of the [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves [and/or use reasonable endeavours to procure that the [NAME] complies with its covenant under the [NAME] (if applicable) to grant such wayleaves)] to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits under such parts of the [NAME] shown edged blue on the Plan, as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights, subject to and in accordance with clause 4.2.2 below [NAME] wording

[APW position misconceived. Wayleaves granted to statutory undertaker will be across adjoining land and not just limited to area edged blue. Statutory undertaker will need to run lines from existing positions across adjoining land] 13 WAYLEAVES (CLAUSE 4.2.2) [NAME] obligation to enter into wayleaves Clause 4.2.2 4.2.2 Any wayleave agreements required to be entered into by the Landlord shall be in a form provided by the relevant statutory undertaking authority or public service provider and approved by the Landlord, which cannot be unreasonably withheld or delayed PROVIDED THAT (i) the Landlord may request reasonable amendments to the form of any agreement it is required to enter into, (ii) the routes of any cabling shall be approved by the Landlord (not to be 4.2.2 Any wayleave agreements required to be entered into by the Landlord shall be in a reasonable form provided by the relevant statutory undertaking authority or public service provider and approved by the by the Landlord, which cannot be unreasonably withheld or delayed PROVIDED THAT (i) the Landlord may require reasonable amendments to the form of any agreement it is required to enter into, including a provision for the relevant [NAME] party to lift and shift any [NAME] wording [The word reasonable adds nothing to [NAME] approval not to be unreasonably withheld. The terms of any Wayleave will be in the form provided by statutory undertaker which would not normally include lift and shift provision. APW may request “reasonable amendments”]

[NAME] (Multiple References) Schedule of Disputed Terms

16 Clause no. [NAME]’s wording APW’s wording FTT wording unreasonably withheld or delayed) and (iii) the Landlord shall use reasonable endeavours to enter into any such wayleave agreement within a reasonable time frame; and such Conduits (at their own cost) on notice (ii) the routes of any cabling shall be approved by the Landlord (not to be unreasonably withheld or delayed) and (iii) the Landlord shall use reasonable endeavours to enter into any such wayleave agreement within a reasonable time frame; and 14 WAYLEAVES (CLAUSE 4.2.3) [NAME] obligation to enter into wayleaves Clause 4.2.3 4.2.3 the Landlord shall not demand any payment in return for the granting of the wayleave agreement 4.2.3 Subject to clause 4.2.1 and 4.2.2 above, the Landlord shall not demand any payment in return for the granting of the wayleave agreement Agreed position

4.2.3 Subject to clause 4.2.1 and 4.2.2 above, the Landlord shall not demand any payment in return for the granting of the wayleave agreement 15 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.1) Clause 5.1 5.1 Where there is a reasonable requirement to do so in accordance with the provisions of clause 5, the Tenant will : 5.1.1 alter or relocate any Conduits of the Tenant and/or any generator installed pursuant to the Rights on adjoining land owned by the Landlord; and; 5.1.2 use reasonable endeavours to procure (to the extent that the Tenant is able to do so) that the relevant statutory undertaker 5.1 The Tenant will alter or relocate any Conduits of the Tenant and/or any generator installed pursuant to the Rights and the Tenant will use reasonable endeavours to procure that any statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] will alter or relocate any of their Conduits in accordance with the provisions of clause 5 provided that: [NAME] wording

[For the avoidance Mr [NAME] conﬁrmed that t the ﬁrst 3 lines of [NAME] wording have been agreed by APW]

[NAME] (Multiple References) Schedule of Disputed Terms

17 Clause no. [NAME]’s wording APW’s wording FTT wording and/or public electricity supply authority and/or public electronic communications [NAME] will alter or relocate their Conduits on adjoining land owned by the Landlord provided that: 5.2 the Landlord must serve not less than [three] months’ prior written notice on the Tenant that it requires the Conduits and/or any generator to be altered or relocated pursuant to this clause 5 (the “Alteration Notice”); 5.3 following service of the Alteration Notice, the Landlord must seek to consult with the Tenant and the relevant statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] (as the case may be) and the Tenant shall use reasonable endeavours to assist the relevant parties to ﬁnd an alternative location for the Conduits and/or any generator which is reasonably satisfactory to the Tenant and the relevant statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] and the parties to this Lease, taking into account the relevant statutory undertaker and/or 5.1.1 the Landlord must serve not less than [three] months’ prior written notice on the Tenant that it requires the Conduits and/or any generator to be altered or relocated pursuant to this clause 5 (the “Alteration Notice”); 5.1.2 following service of the Alteration Notice, the Landlord must seek to consult with the Tenant and/or the relevant statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] (as the case may be) and the Tenant shall use reasonable endeavours to ﬁnd an alternative location for the Conduits and/or any generator which is reasonably satisfactory to the Tenant and/or the relevant statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] and the parties to this Lease, taking into account the relevant statutory undertaker and/or public electricity supply authority and/or public electronic communications [NAME] and the Tenant’s reasonable requirements but not hindering, preventing, impeding or increasing the cost of the works

[NAME] (Multiple References) Schedule of Disputed Terms

18 Clause no. [NAME]’s wording APW’s wording FTT wording public electricity supply authority and/or public electronic communications [NAME] and the Tenant’s reasonable requirements but not hindering, preventing, impeding or increasing the cost of the works or change of use referred to in clause 5. or change of use referred to in clause 5. 16 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.2) Clause 5.2 [No provision] 5.2 Any relocation works will be carried out: 5.2.1 at the sole cost of the Tenant; 5.2.2 by the Tenant in a timely manner; and 5.2.3 otherwise in accordance with the Tenant’s obligations under this Lease as they apply to the relocation works. No provision. [This clause is unnecessary. The tenant has already agreed to alter and relocate or use reasonable endeavours to procure the same at 5.1.1 and 5.1.2. If [NAME] fails to comply with clause 5 APW will be able to enforce those terms.]

17 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.3) Clause 5.3 5.3 In the event that the parties fail to agree a suitable alternative location or route pursuant to clause 5.1.2 prior to the expiry of the Alteration Notice, the terms of the relevant agreement shall prevail 5.3 In the event that the parties fail to agree a suitable alternative location or route pursuant to clause 5.1.2 prior to the expiry of the Alteration Notice, Landlord or the Tenant may refer this matter for determination in accordance with clause 5.5. APW wording [The Tribunal commends to the parties the use of the arbitration of disputes provision at clause 5.5 of the draft lease]

[NAME] (Multiple References) Schedule of Disputed Terms

19 Clause no. [NAME]’s wording APW’s wording FTT wording 18 LIFT AND SHIFT OF CONDUITS (CLAUSE 5.4) Clause 5.4 5.4 In the event that the parties to the wayleave agreement agree a suitable alternative location or route pursuant to clause 5.1.2, this Lease will continue to apply to the Conduits and/or any generator in their altered location;

5.4 In the event that the parties agree a suitable alternative location or route pursuant to clause 5.1.2, the following provisions will apply: 5.4.1 this Lease will continue to apply to the Conduits and/or any generator in their altered location; and 5.4.2 if the relevant undertaking authority has not provided a clear record of the alternative location, then the Landlord, the Tenant will each sign a memorandum which will include details of the relocation works and will each send the signed memorandum to the other party within one month of the date of alteration of the Conduits and/or any generator. Agreed position

5.4 In the event that the parties to the wayleave agreement agree a suitable alternative location or route pursuant to clause 5.1.2, this Lease will continue to apply to the Conduits and/or any generator in their altered location;

Lift and Shift of Conduits Further site-speciﬁc drafting set out below (Carshalton) Lift and Shift of [NAME] and/or [NAME] site-speciﬁc drafting set out below ([NAME]) 19 LANDLORD BREAK Clause 6.6 Landlord Break Date: any date falling after the fifth anniversary of the Term Commencement Date as specified in a The Landlord may terminate this Lease: 6.6.1 At any time on or after the [eighteen month/[NAME] year/ﬁfth year] anniversary of [NAME] wording [Landlord redevelopment break after 5 years]

[NAME] (Multiple References) Schedule of Disputed Terms

20 Clause no. [NAME]’s wording APW’s wording FTT wording notice given by the Landlord under Clause 6.6 6.6 The Landlord may terminate this Lease on any Landlord Break Date PROVIDED THAT the Landlord has given to the Tenant not less than 18 months’ previous written notice where the Landlord intends to redevelop all or part of: 6.6.1. the [NAME]; 6.6.2. the [NAME] [NAME] (if any); 6.6.3. any neighbouring land acquired during the Term by the Landlord; or 6.6.4. [any land under the ownership or control of the [NAME].] the date of this agreement on not less than 6 month’s prior written notice; or 6.6.2 At any time on or after the [eighteen month/[NAME] year/ﬁfth year] anniversary of the date of this agreement on not less than 6 months’ prior written notice where: 6.6.2.1 the Landlord desires to redevelop all or part of the [NAME] or any neighbouring land; or 6.6.2.2 the test under paragraph 21 of the Electronic Communications Code for the imposition of the agreement on the Landlord is no longer met; or 6.6.3 At any time on or after the [eighteen month/[NAME] year/ﬁfth year] anniversary of the date of this agreement on not less than 6 months’ prior written notice where there is a material change in circumstances where the Landlord reasonably believes there would be a material change in the consideration payable for the [NAME]; 6.7 On the expiry of a notice given by the Landlord under clause 6.6: 6.7.1 the Lease shall absolutely determine but without prejudice to any right of action or remedy of the Landlord or the Tenant for any antecedent breach of covenant by the other; and 6.7.2 the Landlord shall within 28 days of the Tenant providing vacant possession of

[NAME] (Multiple References) Schedule of Disputed Terms

21 Clause no. [NAME]’s wording APW’s wording FTT wording the [NAME] following the [NAME] repay to the Tenant the proportion of the Rent paid by the Tenant for the period from the date of termination to the next date for payment of the Rent 20 TENANT’S RIGHT TO ADD TO THE [NAME] Tenant’s right to add to the [NAME] 1 Pt 1 para 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade and remove the [NAME] and to remove all or any part of the [NAME] at any time Agreed position Schedule 1 Part 1 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time Tenant’s right to add to the [NAME] site-speciﬁc drafting set out below (Hexton; [NAME]; [NAME]; Cambourne; Carshalton)

[NAME] (Multiple References) Schedule of Disputed Terms

22 Clause no. [NAME]’s wording APW’s wording FTT wording 21 RELOCATION OF THE GENERATOR Tenant’s obligation to relocate the generator on the [NAME] 1 Pt 1 para 1.4 In the event the electrical supply to the [NAME] fails the right to place a generator on the [NAME] THAT 1.4.1 any fuel shall be safely and securely stored in accordance with all relevant statutes (including but not limited to ﬁre safety requirements); 1.4.2 the Tenant shall store any fuel in accordance with the [NAME] requirements as to the location and health and safety and security; 1.4.3 the Tenant shall keep the generator is good and safe repair and condition; 1.4.4. the Tenant shall remove the generator as soon as reasonably practicable and shall use reasonable endeavours to reduce any noise and disruption caused when installing and operating the generator 1.4.5 Not used In the event the electrical supply to the [NAME] fails the right to place a generator on the [NAME] THAT 1.4.1 any fuel shall be safely and securely stored in accordance with all relevant statutes (including but not limited to ﬁre safety requirements); 1.4.2 the Tenant shall store any fuel in accordance with the [NAME] requirements as to the location and health and safety and security; 1.4.3 the Tenant shall keep the generator is good and safe repair and condition; 1.4.4 the Tenant shall remove the generator as soon as reasonably practicable and shall use reasonable endeavours to reduce any noise and disruption caused when installing and operating the generator; 1.4.5 if reasonably required by the Landlord on not less than 3 months prior notice the [NAME] shall (at their own cost) relocate the location of the generator to an alternative location within the [NAME] as designated from time to time by the Landlord Schedule 1 Part 1 1.4 In the event the electrical supply to the [NAME] fails the right to place a generator on the [NAME] THAT 1.4.1 any fuel shall be safely and securely stored in accordance with all relevant statutes (including but not limited to ﬁre safety requirements); 1.4.2 the Tenant shall store any fuel in accordance with the [NAME] requirements as to the location and health and safety and security; 1.4.3 the Tenant shall keep the generator is good and safe repair and condition; 1.4.4. the Tenant shall remove the generator as soon as reasonably practicable and shall use reasonable endeavours to reduce any noise and disruption caused when installing and operating the generator

22 RIGHT TO [NAME] (Multiple References) Schedule of Disputed Terms

23 Clause no. [NAME]’s wording APW’s wording FTT wording Tenant’s right to lay conduits Schedule 1 Pt 1 para 1.5 The right to lay in and upon the [[NAME] and/or [NAME] [NAME] and/or [NAME]] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon [[NAME] and/or [NAME] [NAME] and/or [NAME]] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts shown edged blue on the Plan and in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same.

[Please read in conjunction with the Addendum for site speciﬁcs.] The right to lay in and upon the land shown edged blue on the Plan together with the right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon [[NAME] and/or [NAME] [NAME] and/or [NAME]] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 23 TREE LOPPING Tenant’s rights to lop trees Schedule 1 Pt 1 para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [[NAME] and/or [NAME] [NAME] and/or [NAME]] if they interfere in any way with the eƯective [Please read in conjunction with the Addendum this is a site speciﬁc amendment.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way

[NAME] (Multiple References) Schedule of Disputed Terms

24 Clause no. [NAME]’s wording APW’s wording FTT wording operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed). No provision for Eweﬁelds 24 [NAME] TO ENTER THE [NAME] [NAME] right to enter the [NAME] 1 Pt 2 para 1a The following rights are excepted and reserved to the Landlord and to all others authorised from time to time by the Landlord: a. the right if reasonably required on giving reasonable notice to the Tenant to enter the [NAME] at reasonable times in the company of the Tenant’s authorised representative at no charge to the Landlord: i. for the purposes of good estate management; ii. for the purposes inspecting, cleaning, repairing, maintaining, renewing, adding to, removing, replacing, diverting, re-routing, altering or make connections to any existing Conduits except for the [NAME] and any Conduits serving the [NAME]; iii. for any other purpose mentioned in or connected with: The following rights are excepted and reserved to the Landlord and to all others authorised from time to time by the Landlord: a. the right if reasonably required on giving reasonable notice to the Tenant to enter the [NAME] at reasonable times in the company of the Tenant’s authorised representative at no charge to the Landlord: i. for the purposes of good estate management; ii. for the purposes inspecting, cleaning, repairing, maintaining, renewing, adding to, removing, replacing, diverting, re-routing, altering or make connections to any Conduits or installing any new Conduits except for the [NAME] and any Conduits serving the [NAME]; iii. for the purposes of making connections to any [NAME] wording

[NAME] or connection to conduits will be made by statutory undertakers and not by either [NAME] or APW. [NAME] wording at 1a ii allows for connection to existing conduits. APW’s 1a iii is to be deleted as it is inconsistent with the agreed provision at 1a ii which excludes the [NAME] and any conduits serving the [NAME]. The reference to “any development or use of any neighbouring [NAME]” in APW’s 1 a iv is too wide. The right to enter for good estate management under 1 a i and the purposes at [NAME]’s 1 a iii are suƯicient

[NAME] (Multiple References) Schedule of Disputed Terms

25 Clause no. [NAME]’s wording APW’s wording FTT wording 1. this Lease; and 2. the Reservations; and 3. complying with any law b. and the right to carry out the works and activities referred to in paragraph a. accordingly PROVIDED THAT the exercise of the reservations contained in this Part 2 paragraph a of Schedule 1 do not interfere with or obstruct the line of sight of the [NAME] and do not materially aƯect the [NAME], the use and enjoyment of the [NAME], or materially interfere with or materially impede the Permitted Use or the exercise of the Rights forming part of the [NAME] or serving the [NAME]; iv. for the purposes of any development or use of any neighbouring [NAME]; i. for any other purpose mentioned in or connected with: ii. this Lease; and iii. the Reservations; and iv. complying with any law b. and the right to carry out the works and activities referred to in paragraph a. accordingly. PROVIDED THAT the exercise of the reservations contained in this Part 2 paragraph a of Schedule 1 do not interfere with or obstruct the line of sight of the [NAME] and do not materially aƯect the [NAME], the use and enjoyment of the [NAME], or materially interfere with or materially impede the Permitted Use or the exercise of the Rights 25 [NAME] TO [NAME] right to use Conduits Schedule 1 Pt 2 para 1b the right to the free and uninterrupted passage and running of substances, energy and information through any existing Conduits except for the where reasonably required by the Landlord, the right to the free and uninterrupted passage and running of substances, energy and information through any Conduits APW wording [In practice any connection will be by statutory undertakers who will be best placed to ensure that there is no overloading and that there is continuity of supply to the ECA]

[NAME] (Multiple References) Schedule of Disputed Terms

26 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] or any Conduits serving the [NAME] 26 [NAME] TO [RESPONDENT] [NAME] right to reroute Conduits Schedule 1 Pt 2 para 1e [No provision] Subject to the provisions in this regard contained in the Lease, the right to re- route or replace any Conduits on the [NAME] [NAME] and any Right in connection with such Conduits shall then apply in relation to the Conduits as re-routed or replaced No provision Conduits will be installed either by statutory undertakers under Wayleaves (clause 4.2) or under Right to Lay Conduits (Schedule 1 Part 1 Para. 1.5) by the Tenant. Any re-routing of Conduits will either be undertaken by statutory undertaker under Wayleaves or by Tenant under lift and shift of conduits under clause 5.

27 REQUIREMENT FOR LANDLORD TO BE ACCOMPANIED ON THE [NAME] for Landlord to be accompanied on the [NAME] 1 Pt 2 para 2 The Tenant shall allow all those entitled to exercise any right to enter the [NAME], to do so with their workers, contractors, agents and professional advisors, and to enter the [NAME] at any reasonable time, after having given reasonable written notice to the Tenant (except in the case of an emergency where as much notice as reasonably possible shall be given) and subject to them being accompanied at all times by a representative of the Tenant at no charge to the Landlord and complying with the Tenant’s reasonable regulations relating to health and safety and security and as soon as reasonably practicable The Tenant shall allow all those entitled to exercise any right to enter the [NAME], to do so with their workers, contractors, agents and professional advisors, and to enter the [NAME] at any reasonable time, after having given reasonable written notice to the Tenant (except in the case of an emergency where as much notice as reasonably possible shall be given) and subject to them being accompanied at all times by a representative of the Tenant where reasonably required at no charge to the Landlord and complying with the Tenant’s reasonable regulations relating to health and safety and security and as soon as [NAME] wording

[The sites contain valuable, sensitive and potentially dangerous electronic communications apparatus. The landlord must always be accompanied.]

[NAME] (Multiple References) Schedule of Disputed Terms

27 Clause no. [NAME]’s wording APW’s wording FTT wording making good all damage caused to the satisfaction of the Tenant reasonably practicable making good all damage caused to the satisfaction of the Tenant

[NAME] (Multiple References) Schedule of Disputed Terms

28 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 1- [NAME] (321)) [NAME] [NAME] = NO 28 [NAME]: TERM (18 MONTHS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 18 months commencing on the date of this [NAME] wording – 10 year term

29 [NAME]: [NAME] 3.5.4 [No site-speciﬁc drafting required; provisions in the template lease address these points] not to obstruct the [NAME] and to remove any obstruction as soon as reasonably practicable and to keep all gates serving the same shut when not in use and locked Agreed position

[Dealt with in template lease clause 3.5.4 and 3.16.1.2(i)] 30 [NAME]: FENCING Clause 3.9.4 [No site-speciﬁc drafting required; provisions in the template lease address these points] to maintain in good repair and condition a stock proof fence along the boundary of the [NAME] position

[Dealt with in template lease clause 3.9.3] 31 [NAME]: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary [Please read in conjunction with the Addendum for site speciﬁcs.] No provision. Rights contained in Agreement for the Release and Grant of Easements dated 17th April 2024 are suƯicient (see Schedule 1 of proposed Deed of Easement at [4/91]

[NAME] (Multiple References) Schedule of Disputed Terms

29 Clause no. [NAME]’s wording APW’s wording FTT wording for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease 32 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. [Please read in conjunction with the Addendum for site speciﬁcs.] FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]. 33 [NAME]: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [[NAME]] if [Please read in conjunction with the Addendum for site speciﬁcs.] No provision is included for Eweﬁelds as tree lopping rights are already contained in the Agreement for the Release and Grant of

[NAME] (Multiple References) Schedule of Disputed Terms

30 Clause no. [NAME]’s wording APW’s wording FTT wording they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or the [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. Easements made with Homes and Communities Agency SITE SPECIFIC TERMS (SITE 2- [RESPONDENT] (322)) [NAME] [NAME] = YES 34 [NAME]: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 35 [NAME]: [NAME] PARTY RIGHTS Clause 1.1 All rights, covenants and restrictions aƯecting the [NAME] at the date of this lease including the matters referred to in the [NAME] register and the charges register of title number(s) referred to in panel LR2.1 and LR2.2 All rights, covenants and restrictions affecting the [NAME] including the matters referred to in the [NAME] register and the charges register of title number(s) referred to in panel LR2.1 and LR2.2 Agreed position

Clause 1.1 [NAME] Party Rights: All rights, covenants and restrictions affecting the [NAME] at the date of this lease including the matters referred to in the [NAME] register and the charges register of title number(s) referred to in panel LR2.1 and LR2.2 36 [NAME]: LIFT AND SHIFT OF [NAME] AND/OR [NAME] 5 No provision to be included Clause 5 shall be read and interpreted so that any reference to alteration or relocation of “the Conduits and/or the No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

31 Clause no. [NAME]’s wording APW’s wording FTT wording generator” shall also include the “the [NAME] and/or the [NAME]” 37 [NAME]: SWITCH-OFF Clause 3.18 No provision to be included Switch OƯ 3.18.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall: 3.18.2.1 switch oƯ the [NAME] or part of it if reasonably required by the Landlord to identify the cause of the interference; 3.18.2.2 provide to the Landlord all frequencies, power outputs and other technical details reasonably requested by the Landlord to identify the cause of the interference; and 3.18.2.3 use reasonable endeavours to resolve the speciﬁed interference as soon as reasonably practicable. No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

32 Clause no. [NAME]’s wording APW’s wording FTT wording 3.18.3 If the Landlord and Tenant are unable to resolve the interference speciﬁed in the Interference Notice within a reasonable period or within 48 hours in the case of emergency: 3.18.3.1 the Tenant shall switch oƯ the [NAME] (or such interfering part) and will not switch it on again until such interference has been resolved; 3.18.3.2 the Tenant or the Landlord may require the [NAME] or part of it to be re-designed or relocated by giving each other prior written notice and as soon as reasonably practicable following such notice, the parties will enter discussions and provide reasonable assistance to each other for the re-design and relocation of the [NAME] in order to resolve such interference; 3.18.4 In the event that the Landlord of those authorised by the Landlord intends to carry out any activities or works and reasonably requires the Tenant to switch oƯ or power down the [NAME] in order to ensure those activities and works may be carried out safely, the Tenant shall switch oƯ or power

[NAME] (Multiple References) Schedule of Disputed Terms

33 Clause no. [NAME]’s wording APW’s wording FTT wording down the [NAME] for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.5 If the [NAME] is not switched oƯ or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re- arranging any inspections, surveys, repairs or works 38 [NAME]: RIGHTS TO [NAME] [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 , the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] [NAME] and/or the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out

[NAME] (Multiple References) Schedule of Disputed Terms

34 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] and/or the [NAME] pursuant to the rights granted by this [NAME] and/or the [NAME] pursuant to the rights granted by this Lease any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

39 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] [NAME] and/or [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] [NAME] and/or [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] [NAME] shown edged blue on the Plan in such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME] adjoining [NAME] and/or [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

35 Clause no. [NAME]’s wording APW’s wording FTT wording 40 [NAME]: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

SITE SPECIFIC TERMS (SITE 3- [RESPONDENT] (323)) [NAME] [NAME] = YES 41 HEXTON: [NAME] AND MAST HEIGHT RESTRICTION Tenant’s right to add to the [NAME] 1.1 Schedule 1 pt1 para 1.2 Clause 3.19 No restrictions to be included [NAME]: means the equipment and apparatus shown in drawing number [TBC] Paragraph 1.2 of Part 1 of Schedule 1 shall be amended to include the following additional wording “Provided That the [NAME] shall not exceed 25 metres in height” 3.19 Height and [NAME] The Tenant must not make any alteration or addition to the [NAME] which results [NAME]: the tenant from time to time of the [NAME] [NAME]: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any

[NAME] (Multiple References) Schedule of Disputed Terms

36 Clause no. [NAME]’s wording APW’s wording FTT wording in the [NAME] or any part of it exceeding 25 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 25 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not to erect any equipment or apparatus beyond the [NAME] part of the [NAME] at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [[NAME]] [[NAME]] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [[NAME]] [[NAME]] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [[NAME]] [[NAME]]

42 HEXTON: TERM (18 MONTHS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 18 months commencing on the date of this [NAME] wording - 10 year term 43 HEXTON: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions,

[NAME] (Multiple References) Schedule of Disputed Terms

37 Clause no. [NAME]’s wording APW’s wording FTT wording during such period as the [NAME] subsists. claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 44 HEXTON: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

45 HEXTON: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME].

[NAME] (Multiple References) Schedule of Disputed Terms

38 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 46 HEXTON: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

39 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 4- [RESPONDENT] (324)) [NAME] [NAME] = NO 47 NEWCHURCH: [RESPONDENT] (ON OR AFTER Y5) [NAME] right to terminate the Lease Clause 6.6 [No provision] The Landlord may terminate this Lease: 6.6.1 At any time on or after the ﬁfth year anniversary of the date of this agreement on not less than 6 month’s prior written notice; or 6.6.2 At any time on or after the ﬁfth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where: 6.6.2.1 the Landlord desires to redevelop all or part of the [NAME] or any neighbouring land; or 6.6.2.2 the test under paragraph 21 of the Electronic Communications Code for the imposition of the agreement on the Landlord is no longer met; or 6.6.3 At any time on or after the ﬁfth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where there is a material change in circumstances where the Landlord reasonably believes there would be a material change in the consideration payable for the [NAME]; Landlord redevelopment break clause after 5 years – wording as for Issue 19

[NAME] (Multiple References) Schedule of Disputed Terms

40 Clause no. [NAME]’s wording APW’s wording FTT wording 6.7 On the expiry of a notice given by the Landlord under clause 6.6: 6.7.1 the Lease shall absolutely determine but without prejudice to any right of action or remedy of the Landlord or the Tenant for any antecedent breach of covenant by the other; and 6.7.2 the Landlord shall within 28 days of the Tenant providing vacant possession of the [NAME] following the [NAME] repay to the Tenant the proportion of the Rent paid by the Tenant for the period from the date of termination to the next date for payment of the Rent 48 NEWCHURCH: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease [Please read in conjunction with the Addendum for site speciﬁcs.] the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this [NAME] (Multiple References) Schedule of Disputed Terms

41 Clause no. [NAME]’s wording APW’s wording FTT wording 49 NEWCHURCH: RIGHTS TO LAY CONDUITS ON [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the or [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. [Please read in conjunction with the Addendum for site speciﬁcs.] FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]. 50 NEWCHURCH: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] Party [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works

[NAME] (Multiple References) Schedule of Disputed Terms

42 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] (such approval not to be unreasonably withheld or delayed. will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

51 NEWCHURCH: [RESPONDENT] TO DEVELOP ADJOINING LAND Schedule 1 Part 2 Paragraph 3 [No provision] The Landlord shall have full and free right to deal in any matter with any premises adjoining or adjacent to the [NAME] No provision.

SITE SPECIFIC TERMS (SITE 5- Higher Hawksland (325) [NAME] [NAME] 52 HIGHER HAWKSLAND: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 53 HIGHER HAWKSLAND: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the

[NAME] (Multiple References) Schedule of Disputed Terms

43 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] during such period as the [NAME] subsists 54 HIGHER HAWKSLAND: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

55 HIGHER HAWKSLAND: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

44 Clause no. [NAME]’s wording APW’s wording FTT wording separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 56 HIGHER HAWKSLAND: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

45 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 6- [RESPONDENT] (332)) [NAME] [NAME] 57 AMPTHILL: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 58 AMPTHILL: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 59 AMPTHILL: TENANT’S RIGHT TO PARK ON THE [NAME] 1 Pt 1 para 1.1 No restriction to be agreed. Right is already granted insofar as the Landlord is able to grant the same. The words “together with the right to park vehicles thereon” shall be deleted in Paragraph 1.1 of Part 1 of Schedule 1 Draft lease wording (per Audley House)

[NAME] (Multiple References) Schedule of Disputed Terms

46 Clause no. [NAME]’s wording APW’s wording FTT wording 60 AMPTHILL: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

61 AMPTHILL: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

47 Clause no. [NAME]’s wording APW’s wording FTT wording or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 62 AMPTHILL: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the or [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

48 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 7 - [RESPONDENT] (348)) [NAME] [NAME] = YES 63 SANDBACH: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 years 64 SANDBACH: TENANT’S RIGHT TO PARK ON THE [NAME] 3.16 Schedule 1, Part 1, Para 1.1 No restrictions to be agreed. Right is already granted insofar as the Landlord is able to grant the same. Clause 3.16 shall be amended to incorporate the following additional clause 3.16.[5]: “3.16.[5.] and not to park on the [NAME]” Paragraph 1.1 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “with the right to park vehicles thereon” Draft lease wording (per Audley House) 65 SANDBACH: [NAME] TO RETAIN STRUCTURAL WORKS Schedule 1 pt 21 para 1.3 (revised para 1.2) Paragraph 1.3 (Revised Paragraph 1.2) Schedule 1 Part 1 shall be amended to add the following words to the end of the provision: “Any structural works required to be carried out to the [NAME] to facilitate the [NAME] of such aerials, transceiver and switch equipment, cabling, power supply equipment and support structures including a mast or tower or any combination of such equipment Paragraph 1.3 (Revised Paragraph 1.2) Schedule 1 Part 1 shall be amended to add the following words to the end of the provision: “Any structural works required to be carried out to the [NAME] to facilitate the [NAME] shall only be carried out with reasonable prior notiﬁcation and details of the works being provided to the Landlord and the Tenant shall have the beneﬁt of such works during the term of Paragraph 1.3 (Revised Paragraph 1.2) Schedule 1 Part 1 shall be amended to add the following words to the end of the provision: “Any structural works required to be carried out to the [NAME] to facilitate the [NAME] of such aerials, transceiver and switch equipment, cabling, power supply equipment and support structures including a mast or tower or any combination of such

[NAME] (Multiple References) Schedule of Disputed Terms

49 Clause no. [NAME]’s wording APW’s wording FTT wording necessary as is required by the Tenant for the operation of the system on termination of this Lease may at the [NAME] option either be reinstated or retained for its own beneﬁt.” this Lease but on termination of this Lease the Landlord may at its option either reinstate or retain the works for its own beneﬁt.” equipment necessary as is required by the Tenant for the operation of the system shall only be carried out with reasonable prior notiﬁcation and details of the works being provided to the Landlord and on termination of this Lease may at the [NAME] option either be reinstated or retained for its own beneﬁt.” 66 SANDBACH: RIGHTS TO [NAME] [NAME] [NAME] AND [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] [NAME] and/or [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

67 SANDBACH: RIGHTS TO LAY CONDUITS ON [RESPONDENT] [NAME] AND [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] [NAME] and/or [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] [NAME] shown edged blue on the Plan FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in

[NAME] (Multiple References) Schedule of Disputed Terms

50 Clause no. [NAME]’s wording APW’s wording FTT wording lay in or upon the [NAME] [NAME] and/or [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. or upon [NAME] adjoining [NAME] and [NAME] 68 SANDBACH: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] [NAME] and/or the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

51 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 8 – [NAME] (365)) [NAME] [NAME] = NO 69 [NAME]: [NAME] 1.1 Clause 3.19 No restriction to be included [NAME]: means the equipment and apparatus shown in drawing number [TBC] 3.19 [NAME] Tenant must not to erect any equipment or apparatus beyond the [NAME]. [NAME]: the tenant from time to time of the [NAME] [NAME]: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [[NAME]] [[NAME]] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [[NAME]] [[NAME]] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court

[NAME] (Multiple References) Schedule of Disputed Terms

52 Clause no. [NAME]’s wording APW’s wording FTT wording determines) on the [[NAME]] [[NAME]]

70 [NAME]: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 71 [NAME]: INTERFERENCE / SWITCH-OFF Tenant’s obligations in relation to interference Clause 3.20 3.20.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment on the [NAME], the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.20.2 Following receipt of the Interference Notice the Tenant shall notify the relevant licence holders operating from the [NAME] and use reasonable endeavours to facilitate discussions between the relevant licence holders on both the [NAME] and on the [NAME] to seek to resolve the interference speciﬁed in the Interference Notice. If the Landlord can demonstrate to the Tenant’s reasonable satisfaction that the [NAME] is interfering with the operation of any other equipment installed (based on order of install) then the Tenant shall on request switch off the [NAME] immediately on notice and not switch back on the [NAME] until such interference is reasonably cured. The Tenant shall use reasonable endeavours to achieve or cooperate in achieving a technical resolution. If the Tenant cannot reasonably cure the interference then it may by written notice terminate the Lease on not less than 6 months written notice to the Landlord. No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

53 Clause no. [NAME]’s wording APW’s wording FTT wording 72 [NAME]: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 73 [NAME]: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this [NAME] (Multiple References) Schedule of Disputed Terms

54 Clause no. [NAME]’s wording APW’s wording FTT wording 74 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME] 75 [NAME]: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works

[NAME] (Multiple References) Schedule of Disputed Terms

55 Clause no. [NAME]’s wording APW’s wording FTT wording (such approval not to be unreasonably withheld or delayed. will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

SITE SPECIFIC TERMS (SITE 9- [NAME] (642)) [NAME] [NAME] = YES 76 [NAME]: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 77 [NAME]: [RESPONDENT] (ON OR AFTER Y5) Clause 6.6 [No provision] The Landlord may terminate this Lease: 6.6.1 At any time on or after the ﬁfth year anniversary of the date of this agreement on not less than 6 month’s prior written notice; or Landlord redevelopment break clause after 5 years – wording as for Issue 19

[NAME] (Multiple References) Schedule of Disputed Terms

56 Clause no. [NAME]’s wording APW’s wording FTT wording 6.6.2 At any time on or after ﬁfth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where: 6.6.2.1 the Landlord desires to redevelop all or part of the [NAME] or any neighbouring land; or 6.6.2.2 the test under paragraph 21 of the Electronic Communications Code for the imposition of the agreement on the Landlord is no longer met; or 6.6.3 At any time on or after the ﬁfth year anniversary of the date of this agreement on not less than 6 months’ prior written notice where there is a material change in circumstances where the Landlord reasonably believes there would be a material change in the consideration payable for the [NAME]; 6.7 On the expiry of a notice given by the Landlord under clause 6.6: 6.7.1 the Lease shall absolutely determine but without prejudice to any right of action or remedy of the Landlord or the Tenant for any antecedent breach of covenant by the other; and 6.7.2 the Landlord shall within 28 days of the Tenant providing vacant possession of the [NAME] following the [NAME] repay to the Tenant the proportion of the Rent paid by the Tenant for the period from the date of

[NAME] (Multiple References) Schedule of Disputed Terms

57 Clause no. [NAME]’s wording APW’s wording FTT wording termination to the next date for payment of the Rent 78 [NAME]: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

79 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

58 Clause no. [NAME]’s wording APW’s wording FTT wording separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 80 [NAME]: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

59 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 10- [RESPONDENT] (643)) [NAME] [NAME] = NO 81 [NAME]: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 82 [NAME]: [NAME] AND MAST HEIGHT RESTRICTION Tenant’s right to add to the [NAME] 1, Part 1, Para 1.5(b) Clause 3.19 No restrictions to be included Paragraph 1.2 of Part 1 of Schedule 1 shall be amended to include the following additional wording “Provided That the [NAME] shall not exceed 25 metres in height save for any extension up to 30 metres with [NAME] consent Clause 3.19 Height and [NAME] The Tenant must not make any alteration or addition to the [NAME] which results in the [NAME] or any part of it exceeding 25 metres in height (save for any extension up to 30 metres with [NAME] consent) above the ground level of the [NAME] at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 25 metres in height (save for any extension up to 30 metres with [NAME] consent) above the ground level of the [NAME] at the date of this [NAME]: the tenant from time to time of the [NAME] [NAME]: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [[NAME]] [[NAME]] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [[NAME]] [[NAME]] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or

[NAME] (Multiple References) Schedule of Disputed Terms

60 Clause no. [NAME]’s wording APW’s wording FTT wording (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [[NAME]] [[NAME]]

83 [NAME]: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 84 [NAME]: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for

[NAME] (Multiple References) Schedule of Disputed Terms

61 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] and/or the [NAME] pursuant to the rights granted by this [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease [Please read in conjunction with the Addendum for site speciﬁcs.] the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

85 [NAME]: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

62 Clause no. [NAME]’s wording APW’s wording FTT wording approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. accordance with clause 4.2 such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 86 [NAME]: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

63 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 11- [RESPONDENT] (697)) – [NAME] [NAME] [NAME] = NO 87 CAMBOURNE: [NAME] AND MAST HEIGHT RESTRICTION Tenant’s right to add to the [NAME] 1.1 Schedule 1 Pt 1 para 1.3 Clause 3.20 No restrictions to be agreed [NAME]: means the equipment and apparatus shown in drawing number [TBC] Paragraph 1.3 of Part 1 of Schedule 1 shall be amended to add the following words to the end of the provision. “Provided that no part of the [NAME] shall exceed 12 metres in height above the ground level of the [NAME] at the date of this Lease and not to erect any equipment or apparatus beyond the [NAME].” 3.20 Height and [NAME] The Tenant must not make any alteration or addition to the [NAME] which results in the [NAME] or any part of it exceeding 12 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 12 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not to erect any equipment or apparatus beyond the [NAME]. [NAME]: the tenant from time to time of the [NAME] [NAME]: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [[NAME]] [[NAME]] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [[NAME]] [[NAME]] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [[NAME]] [[NAME]]

[NAME] (Multiple References) Schedule of Disputed Terms

64 Clause no. [NAME]’s wording APW’s wording FTT wording 88 CAMBOURNE: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 89 CAMBOURNE: INDEMNITY Indemnity Clause 3.11 Existing template provision in lease should be used Clause 3.10.1 (Revised Clause 3.11.1) shall be amended as follows: “[3.11.1] Subject to clause [3.11.2] the Tenant shall indemnify the Landlord and [NAME] against any liability of the [NAME] to a [NAME] party in respect of losses of such [NAME] party arising out of any act error or omission or negligence of the Tenant or its servants agents or contractors in the use of the [NAME] the [NAME] and the exercise of the Rights (save to the extent that any act error or omission of the [NAME] their respective servants agents or contractors has caused or contributed to such losses) PROVIDED THAT [3.11.1.1] the [NAME] shall as soon as practicable give written notice to the Tenant of all claims or proceedings in alleging such liability being threatened brought made or lodged against the [NAME] in respect of the exercise of the Rights; Clause 3.11 in draft lease is a comprehensive and suƯicient indemnity clause

[NAME] (Multiple References) Schedule of Disputed Terms

65 Clause no. [NAME]’s wording APW’s wording FTT wording [3.11.1.2] the [NAME] shall take due regard to the reasonable representations of the Tenant in respect of any Claims; [3.11.1.3] the Tenant reserves the right to defend each and any Claim at the Tenant’s cost or settle any proceedings subject to the [NAME] and [NAME] prior written consent (not to be unreasonably withheld or delayed); [3.11.1.4] the Landlord shall not settle any Claim without the Tenant's prior consent (not to be unreasonably withheld or delayed); and [3.11.2] Nothing in this clause shall restrict or limit the [NAME] general obligation at law to mitigate a loss it may suƯer or incur as a result of an event that may give rise to a claim under this indemnity; [3.11.3] The Tenant shall keep the Landlord indemnified against all expenses, costs, claims, damages and loss, including any diminution in the value of the [NAME]’s interest in the [NAME] [NAME] or in respect of this Lease, caused by or arising from any breach of the obligations of the Landlord contained within the [NAME] which are caused by or arise from any breach of the obligations of the Tenant in this Lease or from any act error or omission or negligence of the Tenant or

[NAME] (Multiple References) Schedule of Disputed Terms

66 Clause no. [NAME]’s wording APW’s wording FTT wording its servants agents or contractors in the use of the [NAME] the [NAME] and the exercise of the Rights 90 CAMBOURNE: INTERFERENCE / SWITCH-OFF Clause 3.18 Interference 3.18.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment on the [NAME], the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall notify the relevant licence holders operating from the [NAME] and use reasonable endeavours to facilitate discussions between the relevant licence holders on both the [NAME] and on the [NAME] to seek to resolve the interference speciﬁed in the Interference Notice. Switch OƯ 3.18.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall: 3.18.2.1 switch oƯ the [NAME] or part of it if reasonably required by the Landlord to identify the cause of the interference; 3.18.2.2 provide to the Landlord all frequencies, power outputs and other technical details reasonably requested by the Landlord to identify the cause of the interference; and 3.18.2.3 use reasonable endeavours to resolve the speciﬁed interference No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

67 Clause no. [NAME]’s wording APW’s wording FTT wording as soon as reasonably practicable. 3.18.3 If the Landlord and Tenant are unable to resolve the interference speciﬁed in the Interference Notice within a reasonable period or within 48 hours in the case of emergency: 3.18.3.1 the Tenant shall switch oƯ the [NAME] (or such interfering part) and will not switch it on again until such interference has been resolved; 3.18.3.2 the Tenant or the Landlord may require the [NAME] or part of it to be re-designed or relocated by giving each other prior written notice and as soon as reasonably practicable following such notice, the parties will enter discussions and provide reasonable assistance to each other for the re-design and relocation of the [NAME] in order to resolve such interference; 3.18.4 In the event that the Landlord of those authorised by the Landlord intends to carry out any activities or works and reasonably requires the Tenant to switch oƯ or power down the [NAME] in order to ensure those activities and works

[NAME] (Multiple References) Schedule of Disputed Terms

68 Clause no. [NAME]’s wording APW’s wording FTT wording may be carried out safely, the Tenant shall switch oƯ or power down the [NAME] for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.5 If the [NAME] is not switched oƯ or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re- arranging any inspections, surveys, repairs or works. 91 CAMBOURNE: RECORD OF CONDITION OF [NAME] of part of [NAME] subject of works Clause 3.9.4 Inserted wording not agreed. Provisions in template lease cover this adequately 3.9.4 prior to commencing any works, the Tenant shall agree with the Landlord in writing the condition of the part of the [NAME] and where relevant the [NAME] where such works are to be carried out APW wording inappropriate for a rural site surrounded by grass land used for grazing. No provision to be included.

[NAME] (Multiple References) Schedule of Disputed Terms

69 Clause no. [NAME]’s wording APW’s wording FTT wording 92 CAMBOURNE: [NAME] [NAME] 1 Part 1 Paragraph 4 Provisions in template lease cover this adequately The Tenant shall exercise the Rights in accordance with any reasonable estates management regulations made by the [NAME] THAT no charges shall be payable for exercising these rights Wording in draft lease 3.16.1 and in particular 3.16.1 (iii) adequately address APW concerns. 93 CAMBOURNE: RIGHTS FOR LANDLORD TO [RESPONDENT] and shift Schedule 1 Part 1 Paragraph 5 Schedule 1 Part 2 para 1(e) Subject to the provisions in clause 5 in the Lease, the right to re-route or replace any Conduits on the [NAME] [NAME] and any Right in connection with such Conduits shall then apply in relation to the Conduits as re-routed or replaced Schedule 1 Part 1 Paragraph 5 The Landlord may at its discretion, re- route or replace any Conduits and any Right in connection with such Conduits shall then apply in relation to the Conduits as re-routed or replaced [NAME] wording 94 CAMBOURNE: [NAME] Landlord obligation to enforce [NAME] 4.7 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the

[NAME] (Multiple References) Schedule of Disputed Terms

70 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] during such period as the [NAME] subsists 95 CAMBOURNE: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] as shown edged blue on the plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

96 CAMBOURNE: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the [NAME] with any FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

71 Clause no. [NAME]’s wording APW’s wording FTT wording [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 97 CAMBOURNE: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

SITE SPECIFIC TERMS (SITE 12- Chesterﬁeld (699) Hollow Farm) [NAME] [NAME] = NO 98 CHESTERFIELD: TERM (18 MONTHS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 18 months commencing on the date of this [NAME] wording – 10 year term

[NAME] (Multiple References) Schedule of Disputed Terms

72 Clause no. [NAME]’s wording APW’s wording FTT wording 99 CHESTERFIELD: TENANT’S RIGHT TO PARK ON THE [NAME] 3.16 Schedule 1 Pt 1 Para 1.1 No restriction to be agreed. Right is already granted insofar as the Landlord is able to grant the same 3.16.[5.] not to park on the [NAME] 1.1 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “park” Draft lease wording (per Audley House) 100 CHESTERFIELD: TENANT’S OBLIGATIONS TO [NAME] 3.16 No provision to be included 3.16.[7.] Without prejudice to the generality of any other covenant by the Tenant to repair and make good any damage caused by the Tenant its servants agents’ contractors or other licensees to the [NAME] (the current condition of which is evidenced by the photographic schedule of condition annexed hereto) subject to allowance for reasonable wear and tear” APW wording. Retention of tenant’s covenant at clause 3.6 of lease dated 26th January 2004 and made between [NAME] and [NAME] (1) and [COMPANY] (2) [4/389] 101 CHESTERFIELD: PERMITTED USE Clause 3.5.5 We would agree to extend adjectives in clause 3.5.2 of the template lease to include dangerous oƯensive noxious noisome illegal or immoral, otherwise not agreed. “Not to use the [NAME] or the [NAME] or any part thereof for any dangerous oƯensive noxious noisome illegal or immoral activity or in a manner which in the reasonable opinion of the Landlord is or may become a nuisance annoyance or disturbance to the Landlord or to the owner or occupier of any neighbouring premises and in particular (without prejudice to the generality of the foregoing)” Words “ be dangerous oƯensive noxious noisome illegal or immoral or” to be added to clause 3.5.2 of the draft [NAME] (Multiple References) Schedule of Disputed Terms

73 Clause no. [NAME]’s wording APW’s wording FTT wording 102 CHESTERFIELD: INTERFERENCE / SWITCH-OFF Clause 3.18 No provision to be included Switch OƯ 3.18.1 In the event that any activities or works are required on any neighbouring [NAME] and the Landlord reasonably requires the Tenant to switch oƯ or power down the [NAME] in order to ensure those activities and works may be carried out safely, the Tenant shall switch oƯ or power down the [NAME] for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.2 If the [NAME] is not switched oƯ or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re- arranging any inspections, surveys, repairs or works No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

74 Clause no. [NAME]’s wording APW’s wording FTT wording 103 CHESTERFIELD: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

104 CHESTERFIELD: RIGHTS TO LAY CONDUITS ON [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] [NAME] shown edged blue on the Plan such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the [NAME] with any available electricity or electronic communications FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

75 Clause no. [NAME]’s wording APW’s wording FTT wording communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 105 CHESTERFIELD: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

SITE SPECIFIC TERMS (SITE 12- Bury St Edmunds (700) Mildenhall) [NAME] [NAME] = YES 106 MILDENHALL: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term

[NAME] (Multiple References) Schedule of Disputed Terms

76 Clause no. [NAME]’s wording APW’s wording FTT wording 107 MILDENHALL: SWITCH-OFF Switch OƯ Clause 3.18 No provisions to be included Switch OƯ 3.18.1 In the event that any activities or works are required on any neighbouring [NAME] and the Landlord reasonably requires the Tenant to switch oƯ or power down the [NAME] in order to ensure those activities and works may be carried out safely, the Tenant shall switch oƯ or power down the [NAME] for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.2 If the [NAME] is not switched off or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re- arranging any inspections, surveys, repairs or works No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

77 Clause no. [NAME]’s wording APW’s wording FTT wording 108 MILDENHALL: RIGHTS TO [NAME] [NAME] [NAME] AND [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] [NAME] and/or the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

109 MILDENHALL: RIGHTS TO LAY CONDUITS ON [RESPONDENT] [NAME] AND [NAME] 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] [NAME] and/or [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] [NAME] and/or [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the [NAME] with any available electricity or electronic FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME] adjoining [NAME] and [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

78 Clause no. [NAME]’s wording APW’s wording FTT wording supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. 110 MILDENHALL: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] [NAME] and/or the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

79 Clause no. [NAME]’s wording APW’s wording FTT wording SITE SPECIFIC TERMS (SITE 14- [RESPONDENT] (701) Little Woodcote) [NAME] [NAME] = NO 111 CARSHALTON: EQUIPMENT CAP AND MAST HEIGHT RESTRICTION Tenant’s right to add to the [NAME] 1.1 Schedule 1 Pt 1 para 1.2 Clause 3.20 No restrictions to be agreed [NAME]: means the equipment and apparatus shown in drawing number [TBC] Paragraph 1.3 (Revised Paragraph 1.2) 1 shall be amended to add the following words to the end of the provision: “Provided that no part of the [NAME] shall exceed 15 metres in height above the ground level of the [NAME] at the date of this Lease and not to erect any equipment or apparatus beyond the [NAME].” 3.20 Height and [NAME] The Tenant must not make any alteration or addition to the [NAME] which results in the [NAME] or any part of it exceeding 15 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not erect any building, structure or equipment which exceeds 15 metres in height above the ground level of the [NAME] at the date of this Lease and the Tenant must not to erect any equipment or apparatus beyond the [NAME] [NAME]: the tenant from time to time of the [NAME] [NAME]: lease dated *** and made between *** and *** and any future leases of the land demised by that lease 1.3 The right to erect install and operate the [NAME] for the Permitted Use and thereafter maintain relocate repair replace alter renew upgrade add to and remove the [NAME] and to remove all or any part of the [NAME] at any time PROVIDED THAT any restriction on the rights granted by this paragraph in accordance with the [[NAME]] [[NAME]] shall apply to the rights until either: (i) the Tenant has obtained the consent of the [[NAME]] [[NAME]] to the removal or alteration of those restrictions (with a copy of the consent provided to the Landlord); or (ii) an order is imposed by a court binding the rights (or such rights as the court determines) on the [[NAME]] [[NAME]]

[NAME] (Multiple References) Schedule of Disputed Terms

80 Clause no. [NAME]’s wording APW’s wording FTT wording 112 CARSHALTON: TERM (3 YEARS) Clause 1.1 The period of 10 years commencing on the date of this Lease The period of 3 years commencing on the date of this [NAME] wording – 10 year term 113 CARSHALTON: RESTRICTIONS ON USE Clause 3.16 3.16.[5.] not to deposit any waste, rubbish, soil or other material on any part of the [NAME] or [NAME] 3.16.[5.] not to deposit any waste, rubbish, soil or other material on any part of the [NAME], [NAME] or [NAME] [NAME] wording 114 CARSHALTON: [NAME] 3.9.3 No further provisions other than proposed in [NAME] 3.9.3 shall be amended to incorporate the following at the end of the clause: “and complying with all reasonable security requirements of the [NAME]” 3.16.[7.] to comply with reasonable security procedures as are required by the Landlord Wording in draft lease 3.16.1 and in particular 3.16.1 (iii) adequately address APW concerns. 115 CARSHALTON: INDEMNITY Clause 3.11 Existing template provision in lease should be used Save to the extent that the same arises due to the act neglect or default of the Landlord, indemnify the Landlord against all actions claims damages costs expenses and losses in respect of any liability arising from the use of the [NAME] or the [NAME] the exercise of Clause 3.11 in draft lease is a comprehensive and suƯicient indemnity clause

[NAME] (Multiple References) Schedule of Disputed Terms

81 Clause no. [NAME]’s wording APW’s wording FTT wording the Tenant of the Rights or any breach or non-observance by the Tenant of its obligations under this Lease provided that; (a) neither party restricts or limits its liability to the other for negligence causing death or personal injury; (b) the Landlord shall take all reasonable steps to mitigate any such actions claims damages costs expenses and losses and shall not compound compromise or settle of the same without prior written approval of the Tenant (such approval not to be unreasonably withheld or delayed); (c) the total liability of the Tenant under this clause [3.11.1] in relation to any one event or circumstance shall not exceed ﬁfteen million pounds (£15,000,000.00). Save to the extent that the same arises due to the act neglect or default of the [NAME], indemnify the [NAME] against all actions claims damages costs expenses and losses in respect of any liability arising from the use of the [NAME] or the [NAME] the exercise of the Tenant of the Rights or any breach or non- observance by the Tenant of its obligations under this Lease provided that;

[NAME] (Multiple References) Schedule of Disputed Terms

82 Clause no. [NAME]’s wording APW’s wording FTT wording (a) neither party restricts or limits its liability to the other for negligence causing death or personal injury; (b) the [NAME] shall take all reasonable steps to mitigate any such actions claims damages costs expenses and losses and shall not compound compromise or settle of the same without prior written approval of the Tenant (such approval not to be unreasonably withheld or delayed); (c) the total liability of the Tenant under this clause [3.11.1] in relation to any one event or circumstance shall not exceed ﬁfteen million pounds (£15,000,000.00). Clause 3.12.3 shall be removed 116 CARSHALTON: TENANT’S RIGHT TO PARK ON THE [NAME] 3.16 Part 1 Schedule 1 No restriction to be agreed. Right is already granted insofar as the Landlord is able to grant the same. 3.16.[6.] not to park on the [NAME] 1.1 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “with the right to park vehicles thereon” Draft lease wording (per Audley House)

[NAME] (Multiple References) Schedule of Disputed Terms

83 Clause no. [NAME]’s wording APW’s wording FTT wording 117 CARSHALTON: NON-INTERFERENCE WITH [NAME] Landlord not to interfere with [NAME] 4.3 Clause 4.3 shall be amended to add the words at the end of the clause “PROVIDED that for the purposes of this clause interference shall not include interference for the purposes of the Wireless Telegraphy Act 2006” in template lease Clause 4.3 shall be amended to remove the following words from the clause: “or in any way interfere with” and “or interfere with the same” [NAME] wording 118 CARSHALTON: INTERFERENCE / SWITCH-OFF Clause 3.18 Interference 3.18.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment on the [NAME], the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall notify the relevant licence holders operating from the [NAME] and use reasonable endeavours to facilitate discussions between the relevant licence holders on both the [NAME] and on the [NAME] to seek to resolve the interference Switch OƯ 3.18.1 If the Landlord reasonably believes that the [NAME] is causing interference with the operation of other equipment the Landlord may serve written notice on the Tenant (such notice to be accompanied with any evidence of such interference) (the "Interference Notice"). 3.18.2 Following receipt of the Interference Notice the Tenant shall: 3.18.2.1 switch oƯ the [NAME] or part of it if reasonably required by the Landlord to identify the cause of the interference; 3.18.2.2 provide to the Landlord all frequencies, power outputs and other technical details reasonably requested by the No provision to be included

[NAME] (Multiple References) Schedule of Disputed Terms

84 Clause no. [NAME]’s wording APW’s wording FTT wording speciﬁed in the Interference Notice. Landlord to identify the cause of the interference; and 3.18.2.3 use reasonable endeavours to resolve the speciﬁed interference as soon as reasonably practicable. 3.18.3 If the Landlord and Tenant are unable to resolve the interference speciﬁed in the Interference Notice within a reasonable period or within 48 hours in the case of emergency: 3.18.3.1 the Tenant shall switch oƯ the [NAME] (or such interfering part) and will not switch it on again until such interference has been resolved; 3.18.3.2 the Tenant or the Landlord may require the [NAME] or part of it to be re-designed or relocated by giving each other prior written notice and as soon as reasonably practicable following such notice, the parties will enter discussions and provide reasonable assistance to each other for the re-design and relocation of the [NAME] in order to resolve such interference; 3.18.4 In the event that the Landlord of those authorised by the Landlord

[NAME] (Multiple References) Schedule of Disputed Terms

85 Clause no. [NAME]’s wording APW’s wording FTT wording intends to carry out any activities or works and reasonably requires the Tenant to switch oƯ or power down the [NAME] in order to ensure those activities and works may be carried out safely, the Tenant shall switch oƯ or power down the [NAME] for as long as is reasonably necessary provided that the Landlord gives the Tenant reasonable prior written notice (which may be immediate notice in the case of emergency). 3.18.5 If the [NAME] is not switched off or powered down when required under this Lease, the Tenant shall indemnify the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such breach, including but not limited to the cost of re-organising or re- arranging any inspections, surveys, repairs or works 119 CARSHALTON: [NAME] Landlord obligation to enforce [NAME] 4.7.2. the Landlord shall use all reasonable endeavours to enforce the covenants on the [Please read in conjunction with the Addendum for site specifics.] 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and

[NAME] (Multiple References) Schedule of Disputed Terms

86 Clause no. [NAME]’s wording APW’s wording FTT wording Clause 4.7 part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists. reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists 120 CARSHALTON: COMPLIANCE WITH [NAME] PARTY RIGHTS Schedule 1 Part 1 Paragraph 2 Agreed, provided that the deﬁnition of [NAME] Party Rights is limited to those rights which exist as at the date of the lease Paragraph 2 of Part 1 of Schedule 1 shall be amended to remove the following words from the provision: “knowingly” APW wording 121 CARSHALTON: [NAME] [NAME] 1 Pt 1 para 4 Provisions in template lease cover this adequately The Tenant shall exercise the Rights in accordance with any reasonable estates management regulations made by the [NAME] THAT no charges shall be payable for exercising these rights Wording in draft lease 3.16.1 and in particular 3.16.1 (iii) adequately address APW concerns. 122 CARSHALTON: RE-ROUTE CONDUITS Lift and Shift Schedule 1 Part 1 Paragraph 5 Schedule 1 Part 2 para 1(e) Subject to the provisions in clause 5 in the Lease, the right to re-route or replace any Conduits on the [NAME] [NAME] and any Right in connection with Schedule 1 Part 1 Paragraph 5 The Landlord may (and subject to the provisions in this regard contained in the Lease) at its discretion, re-route or replace any Conduits and any Right in Schedule 1 Part 2 para 1(e) Subject to the provisions in clause 5 in the Lease, the right to re-route or replace any Conduits on the [NAME] [NAME] and any Right in connection with

[NAME] (Multiple References) Schedule of Disputed Terms

87 Clause no. [NAME]’s wording APW’s wording FTT wording such Conduits shall then apply in relation to the Conduits as re-routed or replaced connection with such Conduits shall then apply in relation to the Conduits as re- routed or replaced such Conduits shall then apply in relation to the Conduits as re-routed or replaced 123 CARSHALTON: RIGHTS TO [NAME] [NAME] Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease [no right to be included] the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

124 CARSHALTON: RIGHTS TO LAY CONDUITS ON [NAME] 1 Pt 1 para 1.5 The right to lay in and upon the [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] shown edged blue on the Plan such part of the such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) and in accordance with clause 4.2 such Conduits (including a separate power FTT wording at issue 22 Wording at Issue 22 already includes rights for statutory undertakers to lay conduits in or upon [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

88 Clause no. [NAME]’s wording APW’s wording FTT wording separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same on giving reasonable prior notice to the Landlord and [NAME], save in the case of emergency. 125 CARSHALTON: TREE LOPPING Schedule 1, Pt 1, Para 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [NAME] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and/or [NAME] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

[NAME] (Multiple References) Schedule of Disputed Terms

90 ADDENDUM TO SCHEDULE OF DISPUTED TERMS

SUPPLEMENTAL TABLE

Key

 Black – agreed wording  Blue – APW's proposed wording  [NAME]'s wording in response to the blue wording

Revised provisions for sites where APW have the ability to grant rights over [NAME], being:

- Sandbach Congleton - Hollow Farm - Mildenhall / Bury St [NAME]

NB: APW do not have the ability to grant rights over any [NAME] at [NAME] and Eweﬁelds Farm (note: [NAME] were party to 2024 Deed of Grant granting rights over [NAME] party land and if additional rights were required they should have obtained then).

[NAME] position APW position FTT Wording 126 [NAME] each and every part of the adjoining and neighbouring [NAME] over which, as at the each and every part of the adjoining and neighbouring [NAME] over which, as at the date Agreed position

[NAME] (Multiple References) Schedule of Disputed Terms

91 Clause 1.1 date of this Lease, rights have been granted to the Landlord for the beneﬁt of the [NAME] of this Lease, rights have been granted to the Landlord for the beneﬁt of the [NAME] 1.1 [NAME]: each and every part of the adjoining and neighbouring [NAME] over which, as at the date of this Lease, rights have been granted to the Landlord for the beneﬁt of the [NAME] 127 [NAME] Party Owner Clause 1.1 [NAME]) for the time being of the [NAME] [NAME]) for the time being of the [NAME] position Clause 1.1 [NAME] Party Owner: [NAME]) for the time being of the [NAME] 128 Cost of repair of the [NAME] 3.1.2 to pay to the Landlord within 28 days of demand a fair proportion according to user of the reasonable cost properly incurred and properly levied on the Landlord by the [NAME] pursuant to the terms of the relevant instrument as at the date of this Lease in the repair of the [NAME] to pay to the Landlord within 28 days of demand a fair proportion according to user of the reasonable cost properly incurred and properly levied on the Landlord by the [NAME] pursuant to the terms of the relevant instrument as at the date of this Lease in the repair of the [NAME] position

3.1.2 to pay to the Landlord within 28 days of demand a fair proportion according to user of the reasonable cost properly incurred and properly levied on the Landlord by the [NAME] pursuant to the terms of the relevant instrument as at the date of this Lease in the repair of the [NAME]

[NAME] (Multiple References) Schedule of Disputed Terms

92 129 Consent Clause 3.3.2 Where the Tenant is obliged to pay or indemnify the Landlord against any costs and expenses (whether under this or any other clause of this Lease) the Tenant shall only be liable for any costs and expenses in connection with obtaining any consent or approval from the [NAME] where that consent is required in accordance with the terms of the relevant transfer as at the date of this Lease Where the Tenant is obliged to pay or indemnify the Landlord against any costs and expenses (whether under this or any other clause of this Lease) the Tenant shall only be liable for any costs and expenses in connection with obtaining any consent or approval from the [NAME] where that consent is required in accordance with the terms of the relevant instrument as at the date of this Lease Agreed position

3.3.2 Where the Tenant is obliged to pay or indemnify the Landlord against any costs and expenses (whether under this or any other clause of this Lease) the Tenant shall only be liable for any costs and expenses in connection with obtaining any consent or approval from the [NAME] where that consent is required in accordance with the terms of the relevant instrument as at the date of this Lease 130 User Clause 3.4.2 not to permit or do any act or bring onto the [NAME] anything which may constitute a nuisance or which may cause injury to the Landlord, [NAME] or other users in the vicinity of the [NAME] or cause damage to the [NAME] THAT the proper and lawful use of the [NAME] and the exercise of the Rights in accordance with the terms of this Lease for and in connection with the Permitted Use shall not give rise to liability under this clause; 3.4.2.1 not to permit or do any act or bring onto the [NAME] anything which may constitute a nuisance or which may cause injury to the Landlord and/or other users in the vicinity of the [NAME] THAT the proper and lawful use of the [NAME] and the exercise of the Rights in accordance with the terms of this Lease for and in connection with the Permitted Use shall not give rise to liability under this clause;

3.4.2.2 not to permit or do any act or bring onto the [NAME] anything which may constitute a nuisance or which may cause injury to the [NAME] 3.5.2 as set out in draft Lease.

[NAME] (Multiple References) Schedule of Disputed Terms

93 Party [NAME] and/or cause damage to the [NAME]; 131 [NAME] 3.16.1

Subject always to the Tenant’s right to [NAME] the [NAME] in accordance with Schedule 1 paragraph 1.1: 3.16.1.1 the parties shall act reasonably and in good faith to agree any reasonable and practical arrangements as are necessary to accommodate any reasonable requirement from time to time arising out of the [NAME]’s use of any adjoining land owned by the [NAME]. 3.16.1.2 when obtaining [NAME] to the [NAME] the Tenant shall: (i) where applicable, re-lock any gates opened by the Tenant and their agents, employees and contractors and sharers in taking such [NAME] immediately after opening such gate; (ii) keep safe and secure any keys or key codes supplied to the Tenant by [the [NAME] or] the Landlord for the purpose of taking such [NAME]; and [(iii) comply with the reasonable security regulations from time to time issued by the [NAME] in respect of [NAME] to the [NAME]’s Premises Subject always to the Tenant’s right to [NAME] the [NAME] in accordance with Schedule 1 paragraph 1.1: 3.16.1.1 the parties shall act reasonably and in good faith to agree any reasonable and practical arrangements as are necessary to accommodate any reasonable requirement from time to time taking into account the [NAME] Party Owner’s requirements 3.16.1.2 when obtaining [NAME] to the [NAME] the Tenant shall: (i) where applicable, re-lock any gates opened by the Tenant and their agents, employees and contractors in taking such [NAME] immediately after opening such gate; (ii) keep safe and secure any keys or key codes supplied to the Tenant by the Landlord for the purpose of taking such [NAME]; and (iii) comply with the reasonable security regulations from time to time issued by the Landlord in respect of [NAME] to the [NAME] Mr [RESPONDENT] conceded proviso at the hearing

[NAME] (Multiple References) Schedule of Disputed Terms

94 PROVIDED THAT the [NAME] shall not make such regulations which may prevent preclude or adversely affect the exercise of the Rights by the Tenant and no charges shall be payable] (iv) comply with such arrangements as agreed pursuant to clause 3.16.1.1 (iv) comply with such arrangements as agreed pursuant to clause 3.16.1.1

132 Grant of Wayleaves Clause 4.2.1 If the Tenant requires, the Landlord will (upon payment of the [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits on over or under the [NAME] [NAME] as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights, subject to and in accordance with clause 4.2.2 below If the Tenant requires, the Landlord will (upon payment of the [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits under such parts of the [NAME] and/or the [NAME] [NAME] shown edged blue on the Plan, as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights subject to and in accordance with clause 4.2.2 below

[NAME] wording as issue 12

133 Consent Clause 4.6 Subject to the Tenant paying to the Landlord, and where appropriate to the [NAME], all solicitors and surveyors costs properly and reasonably incurred by the Landlord, and where appropriate by the [NAME], in relation thereto the Landlord must Subject to the Tenant paying to the Landlord, and where appropriate to the [NAME], all solicitors and surveyors costs properly and reasonably incurred by the Landlord, and where appropriate by the [NAME], in relation thereto the Landlord must use all reasonable endeavours to Agreed position

4.6 Subject to the Tenant paying to the Landlord, and where appropriate to the [NAME], all solicitors and surveyors costs

[NAME] (Multiple References) Schedule of Disputed Terms

95 use all reasonable endeavours to promptly obtain the consent and/or approval of the [NAME], whenever the Tenant makes application for any consent and/or approval required under this Lease where the consent and/or approval of the [NAME], is needed by virtue of the relevant transfer as at the date of this Lease. promptly obtain the consent and/or approval of the [NAME], whenever the Tenant makes application for any consent and/or approval required under this Lease where the consent and/or approval of the [NAME], is needed by virtue of the relevant instrument as at the date of this Lease. properly and reasonably incurred by the Landlord, and where appropriate by the [NAME], in relation thereto the Landlord must use all reasonable endeavours to promptly obtain the consent and/or approval of the [NAME], whenever the Tenant makes application for any consent and/or approval required under this Lease where the consent and/or approval of the [NAME], is needed by virtue of the relevant instrument as at the date of this Lease. 134 Tenant’s right to [NAME] adjoining land for works Schedule 1 Pt 1 para 1.2

Subject to paragraph 1.1, the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon the [NAME] [NAME] and/or [NAME] other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease

the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [NAME]’s [NAME]/ [NAME] [NAME] and/or [NAME] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this [NAME] (Multiple References) Schedule of Disputed Terms

135 Tenant’s rights Schedule 1, Pt 1, Para 1.5 The right to lay in and upon the [NAME] [NAME] and/or [NAME] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in or upon the [NAME] [NAME] and/or [NAME] in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same The right to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the [NAME] [NAME] and/or [NAME] shown edged blue on the Plan in such locations and by such means as shall ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed)) such Conduits (including a separate power supply) and in accordance with clause 4.2 to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. FTT wording Issue 22

136 Rights over [NAME] 4.7 New provision to be added to clause 4.7 as follows:

4.7.1 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly Revised new provision to be added to clause 4.7 as follows:

4.7.1 Subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the [NAME] wording

[NAME] (Multiple References) Schedule of Disputed Terms

97 and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, to use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the relevant transfer.. Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, to use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the relevant transfer.

Revised provisions for leasehold sites where APW have the ability to grant rights over the [NAME], being:

- [NAME] / Camborne - [ADDRESS] / Carshalton - [NAME] [NAME]-in-Marsh

NB: APW do not have the ability to grant rights over any [NAME] where there is no such [NAME].

137 Grant of Wayleaves If the Tenant requires, the Landlord will (upon payment of the [NAME] and If the Tenant requires, the Landlord will (upon payment of the [NAME] and [NAME] [NAME] wording

[NAME] (Multiple References) Schedule of Disputed Terms

98 Clause 4.2.1 [NAME]’s reasonable and proper professional costs by the Tenant) grant such wayleaves and/or use reasonable endeavours to procure that the [NAME] complies with its covenant under the [NAME] (if applicable) to grant such wayleaves to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits on over or under the [NAME] [NAME] and/or the [NAME] as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights, subject to and in accordance with clause 4.2.2 below [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves and/or use reasonable endeavours to procure that the [NAME] complies with its covenant under the [NAME] (if applicable) to grant such wayleaves to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits under such parts of the [NAME] shown edged blue on the Plan as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights subject to and in accordance with clause 4.2.2 below [APW position misconceived. Wayleaves granted to statutory undertaker will be across adjoining land and not just limited to area edged blue. Statutory undertaker will need to run lines from existing positions across adjoining land] 138 [NAME] 4.7 New provision to be added to clause 4.7 as follows:

4.7.2 the Landlord shall use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists Revised new provision to be added to clause 4.7 as follows:

4.7.2 Subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the 4.7.2 Where requested by the Tenant, and subject to the Tenant paying to the Landlord all solicitors and surveyors costs properly and reasonably incurred by the Landlord in relation thereto and subject to the Tenant indemnifying the Landlord against all losses, actions, claims, demands, compensation, damages, costs and expenses and increased costs and expenses relating to or arising from such action, the Landlord shall use reasonable endeavours to enforce the covenants

[NAME] (Multiple References) Schedule of Disputed Terms

99 Landlord shall use reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists

New provision for leasehold and freehold sites where APW have the ability to grant such rights over the [NAME] or [NAME] (as the case maybe), being:

Leasehold sites:

- [NAME] [NAME]-in-Marsh

Freehold sites:

- Sandbach - Hollow Farm (Chesterﬁeld) - Newchurch

NB: APW do not have the ability to grant rights for tree lopping over any [NAME] at Eweﬁelds Farm, [NAME], Mildenhall (Bury St Edmunds) or. (Note: re Eweﬁelds [NAME] were party to 2024 Deed of Grant with [NAME] party land owner and if additional rights were required they should have obtained then).

[NAME] (Multiple References) Schedule of Disputed Terms

100 NB: APW do not have the ability to grant rights for tree lopping over any [NAME] at [NAME] (Camborne), [ADDRESS] (Carshalton).

139 Tree Lopping

Schedule 1 Part 1 Paragraph 1.6 Additional provision to be added at Paragraph 1.6 of Part 1 of Schedule 1:

The right to carry out any necessary pruning or trimming of trees or other plantings on the [[NAME] and/or [NAME] [NAME] and/or [NAME]] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the [Landlord and/or [NAME] and/or [NAME]] as the case may be (such approval not to be unreasonably withheld or delayed. Option 1: No right

No provision to be added for Eweﬁelds Farm.

Option 2: Right over [NAME] provision to be added at Paragraph 1.6 of Part 1 of Schedule 1 at Hexton, Higher Hawksland, [NAME], Ampthill Manor Farm and Moreton-in-Marsh (where APW can grant rights over [NAME]):

The right to carry out any necessary pruning or trimming of trees or other plantings on such parts of the [NAME] shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and, in the case of the [NAME], the relevant [NAME] as the case may be (such approval not to be The right to carry out any necessary pruning or trimming of trees or other plantings that are either within the [NAME] control or ownership or within the land shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed).

No provision for Eweﬁelds

[NAME] (Multiple References) Schedule of Disputed Terms

101 unreasonably withheld or delayed by the Landlord).

Option 3: Right over [NAME] provision to be added at Paragraph 1.6 of Part 1 of Schedule 1 at Sandbach, Hollow Farm (Chesterﬁeld), Newchurch, [NAME], (where APW can grant rights over [NAME]):

The right to carry out any necessary pruning or trimming of trees or other plantings on such parts of the [NAME] [NAME] and/or [NAME] shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord and, in the case of the [NAME], the relevant [NAME] as the case may be (such approval not to be unreasonably withheld or delayed by the Landlord).

The following additional words to be added to the end of paragraph 1.6 for [NAME], [NAME] and Moreton-in-Marsh – “Further Provided That all cut timber and trimmings shall remain the [NAME] of the

[NAME] (Multiple References) Schedule of Disputed Terms

102 [NAME] (as appropriate) unless otherwise directed.”

Option 4: Right over [NAME] [NAME] provision to be added at Paragraph 1.6 of Part 1 of Schedule 1 at [NAME], Mildenhall (Bury St Edmunds), [NAME] (Camborne) and [ADDRESS] (Carshalton) and Ampthill Manor Farm, Hexton (where APW can only grant rights over any [NAME] [NAME] that is owned by APW):

The right to carry out any necessary pruning or trimming of trees or other plantings on such parts of the [NAME] [NAME] shown edged blue on the Plan if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the Landlord (such approval not to be unreasonably withheld or delayed by the Landlord).

New provision for leasehold and freehold sites where APW have the ability to grant such rights.

[NAME] (Multiple References) Schedule of Disputed Terms

103 140 Rights over [NAME] 1.7 Part 1 Schedule 1 Additional provision to be added at Paragraph 1.7 of Part 1 of Schedule 1:

[any other rights granted to the Landlord for the beneﬁt of the [NAME] as at the date of this Lease, subject to the same conditions imposed on the Landlord under the relevant instrument, and the Tenant will comply with any restrictions imposed on the Landlord in respect of those rights.] No provision to be included No provision to be included. [No business need has been established by [NAME] to justify the grant of this wide ranging provision.]

[NAME] (Multiple References) Schedule of Disputed Terms

104 APPENDIX 3: New terms in dispute

TENANT BREAK 141 Clause 6.1.1 The Tenant may determine this Lease: 6.1.1. on any Tenant’s Break Date: (a) if the Tenant no longer requires the [NAME] for the Permitted Use; or (b) for any other operational reason

PROVIDED THAT the Tenant has given to the Landlord not less than 12 months’ previous written notice (“the Break Notice”) The Tenant may determine this Lease: 6.1.1 on any Tenant’s Break Date Provided That the Tenant has given the Landlord not less than 12 months’ previous written notice (“the Break Notice”)

Note: This break clause had previously been agreed. APW wording

[NAME] (Multiple References) Schedule of Disputed Terms

105 APPENDIX 1: TITLE-SPECIFIC DRAFTING Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land Amend: LR2 Title Numbers LR2.1 [NAME] title number(s) [TBC] LR2.2 Other title number(s) None [TBC] Y Y Y Deﬁnitions Add: Clause 1.1 [NAME] [NAME] means each and every part of the adjoining and neighbouring [NAME] edged [TBC] on the Plan in which the Landlord has an interest known as [TBC] registered at HM Land Registry with title number [TBC] excluding the [NAME] N Y N Amend: Clause 1.1 Reservations means the rights reserved to the Landlord set out in Schedule 1 Part 2 [and the rights reserved to the [NAME] in Schedule 1 Part 3] Y N N Add: Clause 1.1 [NAME] the landlord from time to time of the [NAME] Y N N Add: Clause 1.1 [NAME] the lease dated [TBC] made between (1) [TBC] and (2) the Landlord Y N N Add: Clause 1.1 [NAME]'s [NAME] each and every part of the adjoining and neighbouring [NAME] in which the [NAME] has an interest as at the date of this lease known as [TBC] registered at HM Land Registry with title number [TBC] excluding the [NAME] Y N N Amend: Clause 1.1 [NAME] Party Rights All rights, covenants and restrictions aƯecting the [NAME] at the date of this Lease including the matters referred to in the [NAME] register and the charges register of title number(s) referred to in panel LR2.1 [and LR2.2 Y Y if [NAME] [NAME] has a Y

[NAME] (Multiple References) Schedule of Disputed Terms

106 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land and all other rights, covenants and restrictions aƯecting the [NAME] created by the [NAME]] separate title number Add: Clause 1.1 [NAME] each and every part of the adjoining and neighbouring [NAME] over which, as at the date of this Lease, rights have been granted to the Landlord for the beneﬁt of the [NAME] N N Y Add: Clause 1.1 [NAME] [NAME]) for the time being of the [NAME] N N Y The Grant Amend: Clause 2.1 The Landlord demises the [NAME] to the Tenant with full title guarantee TOGETHER WITH the Rights from the Term Commencement Date for the Term and reserving the Reservations to the Landlord [and [NAME] (as the case may be)] and those authorised by the Landlord and subject to the Tenant paying throughout the Term the Rent in advance in every year on the Rent Payment Date and the Landlord acknowledges that on the last Rent Payment Date falling during the Term, the Tenant shall pay a proportionate sum in respect of the period from the last Rent Payment Date up to and including the last day of the Term Y N N Tenant’s Covenants Add: 3.1.2 Costs of repair of the [NAME] to pay to the Landlord within 28 days of demand a fair proportion according to user of the reasonable cost properly incurred and properly levied on the Landlord by the [[NAME]] pursuant to the terms of the [[NAME] / relevant instrument] as at the date of this Lease in the repair of the [NAME] [NAME] (Multiple References) Schedule of Disputed Terms

107 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land Amend: 3.2.1 Outgoings To pay or indemnify the Landlord [and the [NAME]] against all rates and taxes payable by or charged in respect of the [NAME] and the [NAME] but excluding the Excluded Taxes. Y N N Add: 3.3.2 Costs of obtaining consent from the [NAME] and/or owner of [NAME] Where the Tenant is obliged to pay or indemnify the Landlord against any costs and expenses (whether under this or any other clause of this Lease) the Tenant shall only be liable for any costs and expenses in connection with obtaining any consent or approval from the [[NAME]] where that consent is required in accordance with the terms of the [[NAME] / relevant transfer] as at the date of this Lease Y N Y Amend: 3.4.2 User not to permit or do any act or bring onto the [NAME] anything which may constitute a nuisance or which may cause injury to the Landlord [,[NAME]] or other users in the vicinity of the [NAME] [or cause damage to the [NAME] / [NAME]] PROVIDED THAT the proper and lawful use of the [NAME] and the exercise of the Rights in accordance with the terms of this Lease for and in connection with the Permitted Use shall not give rise to liability under this clause; [Please read in conjunction with the Addendum for site speciﬁcs.] Y N Y Amend: 3.11.1 Indemnity 3.11. Indemnity 3.11.1. Subject to clause 3.12 the Tenant shall indemnify the Landlord [and the [NAME]] against any liability of the Landlord [or [NAME] (as applicable)] to a [NAME] party in respect of losses of such [NAME] party arising out of any act error or omission or negligence of the Tenant or its sharers servants agents or contractors in the use of the [NAME] the [NAME] and the exercise of the Rights (save to the extent that any act error or omission of the Landlord [or the [NAME]] their [NAME] (Multiple References) Schedule of Disputed Terms

108 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land respective servants agents or contractors has caused or contributed to such losses) PROVIDED THAT 3.11.1.1. The Landlord [or the [NAME]] shall as soon as practicable give written notice to the Tenant of all claims or proceedings in alleging such liability being threatened brought made or lodged against the Landlord [or the [NAME]] in respect of the exercise of the Rights; 3.11.1.2. the Landlord [or the [NAME]] shall take due regard to the reasonable representations of the Tenant in respect of any Claims; 3.11.1.3. the Tenant reserves the right to defend each and any Claim at the Tenant’s cost or settle any proceedings subject to the [NAME] [and the [NAME]’s] prior written consent (not to be unreasonably withheld or delayed); 3.11.1.4. the Landlord shall not [and shall procure that the [NAME] shall not] settle any Claim without the Tenant’s prior consent (not to be unreasonably withheld or delayed); and 3.11.2. Nothing in this clause shall restrict or limit the [NAME] general obligation at law to mitigate a loss it may suƯer or incur as a result of an event that may give rise to a claim under this indemnity Add: 3.16.1.1(iii) [NAME] always to the Tenant’s right to [NAME] the [NAME] in accordance with Schedule 1 paragraph 1.1: 3.16.1.1 the parties shall act reasonably and in good faith to agree any reasonable and practical arrangements as are necessary to accommodate any reasonable requirement from time to time arising out of the [NAME]’s use of any adjoining land owned by the [NAME] taking into account the [NAME]’s requirements. [NAME] (Multiple References) Schedule of Disputed Terms

109 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land 3.16.1.2when obtaining [NAME] to the [NAME] the Tenant shall: (i) where applicable, re-lock any gates opened by the Tenant and their agents, employees and contractors and sharers in taking such [NAME] immediately after opening such gate; (ii) keep safe and secure any keys or key codes supplied to the Tenant by [the [NAME] or] the Landlord for the purpose of taking such [NAME]; and [(iii) comply with the reasonable security regulations from time to time issued by the Landlord and/or [NAME] in respect of [NAME] to the [NAME]’s Premises the [NAME] [NAME] and/or PROVIDED THAT the [NAME] shall not make such regulations which may prevent preclude or adversely aƯect the exercise of the Rights by the Tenant and no charges shall be payable] (iv) comply with such arrangements as agreed pursuant to clause 3.16.1.1

[NAME] (Multiple References) Schedule of Disputed Terms

110 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land [NAME]: 4.2.1 Grant of Wayleaves If the Tenant requires, the Landlord will (upon payment of the [NAME] reasonable and proper professional costs by the Tenant) grant such wayleaves [and/or use reasonable endeavours to procure that the [NAME] complies with its covenant under the [NAME] (if applicable) to grant such wayleaves)] to any statutory undertaker and/or public electricity supply authority for the [NAME] of Conduits on over or under [the [NAME] [NAME] and/or the [NAME]] under such parts of the [NAME] shown edged blue on the Plan, as may be necessary to enable the operation of the [NAME] for the Permitted Use and/or to enjoy the Rights, subject to and in accordance with clause 4.2.2 below Y Y N Add: 4.6 [NAME] to the Tenant paying to the Landlord, and where appropriate to the [[NAME]], all solicitors and surveyors costs properly and reasonably incurred by the Landlord, and where appropriate by the [[NAME]], in relation thereto the Landlord must use all reasonable endeavours to promptly obtain the consent and/or approval of the [[NAME]], whenever the Tenant makes application for any consent and/or approval required under this Lease where the consent and/or approval of the [[NAME]], is needed by virtue of the [[NAME] / relevant instrument] as at the date of this Lease.] [NAME] (Multiple References) Schedule of Disputed Terms

111 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land Add clause 4.7.2 [NAME] 4.7. [NAME] 4.7.1. to pay the rents reserved by the [NAME] and perform the covenants on the part of the tenant contained in the [NAME] so far as the Tenant is not liable for such performance under the terms of this Lease; 4.7.2. to use all reasonable endeavours to enforce the covenants on the part of the [NAME] contained in the [NAME] during such period as the [NAME] subsists.

[Please read in conjunction with the Addendum for site speciﬁcs.] Y N N Add 4.7 Rights over [NAME] 4.7. Rights over [NAME] 4.7.1 to use all reasonable endeavours to enforce the covenants on the part of the [NAME]] contained in the relevant instrument. [Please read in conjunction with the Addendum for site speciﬁcs.] [NAME] (Multiple References) Schedule of Disputed Terms

112 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land Rights granted to the Tenant Part 1 Schedule 1 Amend: 1.2 Rights to [NAME] [NAME] [NAME] / [NAME] / [NAME] to paragraph 1.1 the right upon giving to the Landlord not less than 48 hours’ prior written notice (except in the case of emergency or operational urgency when no notice shall be required) to enter and to remain upon such parts of the [[NAME] [NAME] and/or [NAME] and/or [NAME]] shown edged blue on the Plan other than buildings for only so long as is necessary for the purpose of carrying out any works to or on the [NAME] and/or the [NAME] and/or the [NAME] pursuant to the rights granted by this Lease [Please read in conjunction with the Addendum for site speciﬁcs.] Y Y Y Amend: 1.5 Rights to lay Conduits on the [NAME] [NAME] and/or the [NAME] The right to lay in and upon the [[NAME] and/or [NAME] [NAME] and/or [NAME]] or to grant to any public electricity supply authority and/or public electronic communications [NAME] and/or statutory undertaker the right to lay in such parts of the or upon [[NAME] and/or [NAME] [NAME] and/or [NAME]] shown edged blue on the Plan in such locations and by such means and on such terms as shall ﬁrst be approved by the Landlord and in accordance with clause 4.2 (such approval not to be unreasonably withheld or delayed) such Conduits (including a separate power supply) to connect the [NAME] with any available electricity or electronic communications supply cable as the Tenant shall require for the purposes of the exercise of the Rights and thereafter use any such Conduits and such Conduits as exist at the date of this Lease for the Permitted Use and to inspect maintain adjust repair alter renew reroute and upgrade the same. [Please read in conjunction with the Addendum for site speciﬁcs.] [NAME] (Multiple References) Schedule of Disputed Terms

113 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land Amend: 1.6 The right to carry out any necessary pruning or trimming of trees or other plantings on the [[NAME] and/or [NAME] [NAME] and/or [NAME]] if they interfere in any way with the eƯective operation of the [NAME] THAT all such works will ﬁrst be approved by the [Landlord and/or [NAME] and/or [NAME]] as the case may be (such approval not to be unreasonably withheld or delayed. [Please read in conjunction with the Addendum for site speciﬁcs.] Y Y Y Optional 1.7 Rights over [NAME] [any other rights granted to the Landlord for the beneﬁt of the [NAME] as at the date of this Lease, subject to the same conditions imposed on the Landlord under the relevant instrument, and the Tenant will comply with any restrictions imposed on the Landlord in respect of those rights.] [Please read in conjunction with the Addendum for site speciﬁcs.] Y Y Amend Paragraph 2 of Part 1 of Schedule 1 The Rights are granted subject to the [NAME] Party Rights [and any restrictions and/or conditions contained in the [NAME] as at the date of this Lease] and the Tenant shall not knowingly do anything that may interfere with any [NAME] Party Rights [and any restrictions and/or conditions contained in the [NAME] as at the date of this Lease] Y N N Add Part 3 Schedule 1 Rights reserved to the [NAME] [To be read in conjunction with relevant site speciﬁc terms in dispute]

1. The following rights are excepted and reserved to the [NAME] and to all others authorised from time to time by the [NAME]: 1.1 the free and uninterrupted passage and running of substances, energy and information through any existing Conduit or service media (other than any Conduits exclusively serving the [NAME] or the [NAME]) on, under or through the [NAME]; [NAME] (Multiple References) Schedule of Disputed Terms

114 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land 1.2 shelter, support, air, light and protection aƯorded by the [NAME] for any adjoining land of the [NAME]; 1.3 the right to develop or use, or permit the development or use of, any land adjacent to the [NAME] that is held by the [NAME] or that the [NAME] acquires an interest in in the future; 1.4 the right (after giving to the Tenant prior written notice) to re-route any means of [NAME] to or egress from the [NAME] THAT such route will be no less convenient to the Tenant than the existing route; 1.5 the right (after giving to the Tenant prior written notice) to re-route and replace any Conduits over which the Rights are exercised; 1.6 the right to enter the [NAME] in the company of the Tenant’s authorised representative at no charge to the Landlord: 1.6.1 to inspect, repair, maintain, install, construct, re-route or replace any Conduits or structural parts of the [NAME]; 1.6.2 for the purposes of good estate management; and 1.6.3 for any other purpose mentioned in or connected with: a) this Lease; b) the Reservations; c) the interests of the [NAME] in the [NAME] or any land they hold adjacent to the [NAME]; and d) any other reservations contained in the [NAME];

PROVIDED THAT the reservations contained in this Part 2 of Schedule 1 do not interfere with or obstruct the line of sight of the

[NAME] (Multiple References) Schedule of Disputed Terms

115 Clause references Drafting Required where there is a [NAME] where the Landlord has adjoining [NAME] for [NAME] where APW have rights over [NAME] party land [NAME] and do not materially aƯect the [NAME], the use and enjoyment of the [NAME], or interfere with or impede the Permitted Use or the exercise of the Rights.

[NAME] (Multiple References) Schedule of Disputed Terms

116 APPENDIX 2: TITLE STRUCTURE Sites APW interest [NAME]/LLH APW adjoining land 321 - Eweﬁelds [NAME] N 322 - [NAME] [NAME] Y 323 - Hexton LLH Y 324 - [NAME] N 325 - Higher Hawksland LLH Y 332 - Ampthill Manor Farm LLH Y 348 - [NAME] Y 365 - [NAME] N 642 - Moreton-in-Marsh LLH Y 643 - [NAME] N 697 - [NAME] N 699 - [NAME] N 700 - Bury St [NAME] Y 701 - [ADDRESS] N

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed11 cases

Allowed in Part1 case

First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

The landlord must grant wayleaves for conduits across adjoining land, not just the area edged blue on the plan.
The landlord cannot unreasonably withhold or delay approval for wayleave agreements.
The landlord cannot demand payment for granting a wayleave agreement.
The tenant must alter or relocate their conduits or generator if there is a reasonable requirement to do so.
The landlord must use reasonable efforts to enforce covenants from a third party if the tenant pays costs and indemnifies the landlord.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It outlined the rights and restrictions for a tenant regarding installation, access, and maintenance of conduits on the property.

Who was involved?

The tenant and landlord were involved in the agreement.

How did the court decide, and why?

The court decided based on the agreed conditions and restrictions, ensuring fair treatment for both parties.

Which laws or rules were applied?

No specific laws or rules were mentioned in the provided excerpt.

What was the argument that mattered most?

The argument centered around the agreed conditions and restrictions for the tenant's rights.

Was the decision for or against the person who brought the case?

The decision was neutral, reflecting the agreed conditions between the tenant and landlord.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure clear agreements on rights and restrictions with their landlord.

What evidence or documents mattered?

The schedule of disputed terms agreed upon by both parties was likely the primary document considered.

Can a decision like this be appealed?

Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.

Is it worth getting a solicitor for a case like this?

Yes, it is advisable to seek legal advice from a qualified solicitor for cases involving complex property agreements.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.