26.1 The Company shall be entitled to access and use the existing public water distribution network, electricity distribution network, and waste management system which serves the Project Area (the Essential Utilities), and to construct and install passageways, pipes, pump systems, or other equipment necessary to connect the Project Area to those Essential Utilities, or optimize operations of the Project in accordance with the Feasibility Study and ESIA subject to:

(a) the payment of any access fees or commercial usage rates for the Essential Utilities as provided for in the Applicable Law;

(b) any general conditions of use or restrictions imposed by any Applicable Permit;

(c) the existing rights of use and access of other users of the Essential Utilities; and

(d) [insert any specific restrictions and conditions of use for the Essential Utilities].

26.2 The Company shall [where feasible] procure renewably generated electricity for use by the Project.

26.3 Where access to adjoining land outside the Project Area is necessary to connect the Project Area to Essential Utilities, the Authority shall provide reasonable assistance and facilitation to enable the Company to obtain such access.

26.4 Where upgrades or improvements to the Essential Utilities are required for the timely and efficient implementation of the Project, Section 25.2 shall apply mutatis mutandis.

For more information: UNIDROIT & IFAD, 2021, Chapter 4, Part B, Section 2 (Access to Facilities and Utilities).