Common use of Damage, Repair, Nuisance and Interference Clause in Contracts

Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 and 10.2, any damage caused by the Contractor directly or indirectly, in the performance of the Services must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on or adjacent to the Harvest Site or the Delivery Site; (ii) provide temporary protection for any property on or adjacent to the Harvest Site or the Delivery Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, or in the vicinity of, the Harvest Site or the Delivery Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery Site for the protection of such properties, to which VicForests may be subject. (d) Nothing in this clause 10.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the Agreement.

Appears in 2 contracts

Samples: Haulage Agreement, Linked Haulage Agreement

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Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 and 10.2, any damage caused by the Contractor directly or indirectly, in the performance of the Services must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on or adjacent to the Harvest Site or the Delivery Site; (ii) provide temporary protection for any property on or adjacent to the Harvest Site or the Delivery Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, or in the vicinity of, the Harvest Site or the Delivery Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery Site for the protection of such properties, to which VicForests may be subject. If such agreements exist, VicForests will make a relevant extract available to the Contractor. (d) Nothing in this clause 10.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the Agreement.

Appears in 2 contracts

Samples: Linked Harvest Agreement, Harvest Agreement

Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 9.1 and 10.29.2, any damage caused by the Contractor directly or indirectly, in during the performance carrying out of the Services Services, must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, works and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the this Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on on, in the vicinity of, or adjacent to the Harvest Site or the Delivery to, a Site; (ii) provide temporary protection for any property on on, in the vicinity of, or adjacent to the Harvest Site or the Delivery to, a Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, adjoining or in the vicinity of, the Harvest Site or the Delivery of a Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery adjoin a Site for the protection of such properties, to which VicForests may be subject. If such agreements exist, VicForests will make a relevant extract available to the Contractor. (d) Nothing in this clause 10.3 9.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the this Agreement.

Appears in 2 contracts

Samples: Contractor Agreement, Contractor Agreement

Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 and 10.2, any damage caused by the Contractor directly or indirectly, in during the performance carrying out of the Services must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on or adjacent to the Harvest Site or the Delivery Site; (ii) provide temporary protection for any property on or adjacent to the Harvest Site or the Delivery Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, or in the vicinity of, adjoining the Harvest Site or the Delivery Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery Site for the protection of such properties, to which VicForests may be subject. If such agreements exist, VicForests will make a relevant extract available to the Contractor. (d) Nothing in this clause 10.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the Agreement.

Appears in 2 contracts

Samples: Haulage Agreement, Haulage Agreement

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Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 and 10.2, any damage caused by the Contractor directly or indirectly, in during the performance carrying out of the Services must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on or adjacent to the Harvest Site or the Delivery Site; (ii) provide temporary protection for any property on or adjacent to the Harvest Site or the Delivery Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, or in the vicinity of, adjoining the Harvest Site or the Delivery Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery Site for the protection of such properties, to which VicForests may be subject. If such agreements exist, VicForests will make a relevant extract available to the Contractor. (d) Nothing in this clause 10.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the Agreement.

Appears in 2 contracts

Samples: Harvest Agreement, Harvest Agreement

Damage, Repair, Nuisance and Interference. (a) Without limiting the generality of clauses 10.1 and 10.2, any damage caused by the Contractor directly or indirectly, in the performance of the Services must be repaired by, and at the cost of, the Contractor. (b) If the Contractor fails to repair any damage directly or indirectly caused by the Contractor, then VicForests has the right to carry out remedial works, and to deduct the cost of them from any moneys due or thereafter to become due to the Contractor by VicForests under the Agreement and to recover any deficiency then remaining as a debt due by the Contractor to VicForests. (c) The Contractor must: (i) avoid interference with or damage to property on or adjacent to the Harvest Site or the Delivery Site; (ii) provide temporary protection for any property on or adjacent to the Harvest Site or the Delivery Site which may be or is at risk of being damaged; (iii) prevent nuisance or inconvenience to the owners, tenants and occupiers of properties adjoining, or in the vicinity of, the Harvest Site or the Delivery Site and to the public; and (iv) comply in all respects with the reasonable requirements of any agreements that may be made from time to time with the owners of properties that are in the vicinity of the Harvest Site or the Delivery Site for the protection of such properties, to which VicForests may be subject. If such agreements exist, VicForests will make a relevant extract available to the Contractor. (d) Nothing in this clause 10.3 operates to impose liability on the Contractor for damage to roads in the nature of fair wear and tear arising from performance of the Services in accordance with the terms of the Agreement.

Appears in 1 contract

Samples: Harvest and Haulage Agreement

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