Common use of Entry onto Property Clause in Contracts

Entry onto Property. Without limiting the generality of any other provision of this Agreement, to the extent that any Work requires Contractor to enter onto Company property (including any property held in fee, under an easement, lease, license, right of entry or other interest, in whole or part) (collectively, “Company Property”), Contractor shall comply with the following provisions: (a) Contractor shall, and shall cause each Contractor Party to make best efforts to minimize interference with any existing use of Company Property by Company or its assignees; (b) Contractor’s right to enter Company Property is expressly conditioned upon the right of Company to commence or resume the use of the Company Property whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided in General Order 69-C or any revision thereof or amendment thereto, issued by the CPUC; (c) Contractor shall, before the termination of the Work occurring on Company Property, restore the Company Property to the same condition, or as nearly the same condition as reasonably possible, to that which existed immediately before Contractor’s entry; (d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR WAIVES ALL CLAIMS CONTRACTOR MIGHT HAVE AGAINST EACH AND EVERY INDEMNITEE FOR ANY INJURY, ACCIDENT, ILLNESS, PROPERTY DAMAGE, DEATH OR OTHER OCCURRENCE ARISING IN ANY MANNER WHATSOEVER OUT OF CONTRACTOR’S OR ANY CONTRACTOR PARTY’S PRESENCE ON COMPANY PROPERTY; (e) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR EXPRESSLY ASSUMES ALL RISKS OF CONTRACTOR’S AND ANY CONTRACTOR PARTY’S ENTRY ONTO THE COMPANY PROPERTY, INCLUDING ANY INJURY, DAMAGE, OR LOSS SUFFERED BY CONTRACTOR OR ANY CONTRACTOR PARTY OR ANY EMPLOYEE, REPRESENTATIVE OR AGENT THEREOF ARISING OUT OF ANY DISCLOSED OR UNDISCLOSED DEFECT, HAZARD OR PRESENCE OF ANY MATERIAL ON THE COMPANY PROPERTY; and (f) Contractor shall not create nor cause to exist on the Company Property any public or private nuisance, or any other condition that would present a threat to the Company Property, human health & safety, or the environment. Contractor shall also not store or park, and shall not cause to be stored or parked, on the Company Property, any equipment, vehicle, machine, tool, or other device, that is not in compliance with any local, state or federal law or regulation, including the California Air Resources Board’s (“CARB”) statewide portable equipment registration program, and CARB’s air toxics control measure for portable diesel-fueled engines.

Entry onto Property. Without limiting the generality of any other provision of this Agreement, to the extent that any Work requires Contractor to enter onto Company property (including any property held in fee, under an easement, lease, license, right of entry or other interest, in whole or part) (collectively, “Company Property”), Contractor shall comply with the following provisions: (a) Contractor shall, and shall cause each Contractor Party to make best efforts to minimize interference with any existing use of Company Property by Company or its assignees; (b) Contractor’s right to enter Company Property is expressly conditioned upon the right of Company to commence or resume the use of the Company Property whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided in General Order 69-C or any revision thereof or amendment thereto, issued by the CPUC; (c) Contractor shall, before the termination of the Work occurring on Company Property, restore the Company Property to the same condition, or as nearly the same condition as reasonably possible, to that which existed immediately before Contractor’s entry; (d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR WAIVES ALL CLAIMS CONTRACTOR MIGHT HAVE AGAINST EACH AND EVERY INDEMNITEE FOR ANY INJURY, ACCIDENT, ILLNESS, PROPERTY DAMAGE, DEATH OR OTHER OCCURRENCE ARISING IN ANY MANNER WHATSOEVER OUT OF CONTRACTOR’S OR ANY CONTRACTOR PARTY’S PRESENCE ON COMPANY PROPERTY; (e) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWContractor expressly assumes all risks of Contractor’s and any Contractor Party’s entry onto the Company Property, CONTRACTOR EXPRESSLY ASSUMES ALL RISKS OF CONTRACTOR’S AND ANY CONTRACTOR PARTY’S ENTRY ONTO THE COMPANY PROPERTYincluding any injury, INCLUDING ANY INJURYdamage, DAMAGEor loss suffered by Contractor or any Contractor Party or any employee, OR LOSS SUFFERED BY CONTRACTOR OR ANY CONTRACTOR PARTY OR ANY EMPLOYEErepresentative or agent thereof arising out of any disclosed or undisclosed defect, REPRESENTATIVE OR AGENT THEREOF ARISING OUT OF ANY DISCLOSED OR UNDISCLOSED DEFECT, HAZARD OR PRESENCE OF ANY MATERIAL ON THE COMPANY PROPERTYhazard or presence of any material on the Company Property; and (f) Contractor shall not create nor cause to exist on the Company Property any public or private nuisance, or any other condition that would present a threat to the Company Property, human health & safety, or the environment. Contractor shall also not store or park, and shall not cause to be stored or parked, on the Company Property, any equipment, vehicle, machine, tool, or other device, that is not in compliance with any local, state or federal law or regulation, including the California Air Resources Board’s (“CARB”) statewide portable equipment registration program, and CARB’s air toxics control measure for portable diesel-fueled engines.