Damage to Pavement. Except in the case of Contractor’s negligence or willful misconduct, Contractor is not liable for any damages to pavement, curbing, or other driving surface resulting from the weight of its trucks and equipment.
Damage to Pavement. Supplier recog- Strategic’s plant. Title to and liability for the receipt of an invoice from Strategic. Stra- nizes the difficulty of ensuring that the Sup- any material other than Cullet which tegic may impose and Supplier agrees to pay a plier’s pavement or driving surface is ade- has been deposited into Strategic’s late fee for all past due payments, such late quate to bear the weight of Strategic’s ve- equipment (‘Excluded Waste”) shall re- fee as determined by Strategic in an amount hicles. Therefore, Supplier agrees that Sup- main with Supplier and Supplier ex- not to exceed the maximum rate for same al- plier will be responsible for any damage to pressly agrees, to the extent permitted lowed by applicable law. If applicable, Strate- Supplier’s pavement, curbing or other driv- by law, to defend, indemnify and hold gic agrees to pay Supplier on a consignment ing surfaces resulting from the weight of harmless Strategic from and against basis for the cullet value in accordance with Strategic’s vehicles providing service at the any and all damages, penalties, fines the charges and rates provided for herein. Supplier’s location. and liabilities resulting from or arising Strategic shall make payment to Supplier out of the deposit of Excluded Waste in within sixty (60) days from the sale of surplus including, but not limited to, strikes, riots, compliance with laws or gov- ernmental orders, fires and acts of God, and such failure shall not con- stitute a default under this Agree- ment.
Damage to Pavement. 2.15 The Owner covenants and agrees that any pavement or landscaped areas on the public right of way that are damaged during construction on the Subject Lands shall be restored by the Owner at its entire expense, and to Lakeshore’s satisfaction. All driveway approaches that become redundant following the development of the Subject Lands shall be closed and this area restored to Lakeshore’s satisfaction.
