Exceptions to Lane Rental Charge Sample Clauses

Exceptions to Lane Rental Charge. 3.1 Lane Rental Charges will not be assessed if the Lane Closure is due to any of the following: (a) Lane Closure due to a TxDOT-Directed Change; (b) a Lane Closure specified, caused or ordered by, and continuing only for so long as required by, TxDOT or any Governmental Entity, or a Utility Owner performing work under a permit issued by TxDOT; (c) a Lane Closure required due to a Force Majeure Event; (d) a Lane Closure required due to damage to the Project as in Section 4.5.11.3 of the CMA General Conditions; (e) a Lane Closure required due to an Incident; or (f) a Lane Closure required solely for the hazard mitigation of a Category 1 Defect and persisting for no longer than the Defect Repair Period. 3.2 For each event set forth above, the Lane Closure will be exempt from Lane Rental Charges only if DB Contractor is using commercially reasonable efforts to: (a) mitigate the impact of such event, (b) reopen the affected segment to traffic, and (c) minimize the impact of DB Contractor’s activities and the Lane Closure to traffic flow. 3.3 DB Contractor shall not be assessed Lane Rental Charges where rolling lane closures are implemented for the purpose of Maintenance Services above lane(s) if the rolling lane closure is less than 15 minutes in duration during the Off-Peak Periods or Lowest Volume Periods and provided that the queued traffic can be dispersed within 10 minutes and returned to the same Level of Service as existed prior to the commencement of the Maintenance Services. If the traffic queue resulting from the Maintenance Services cannot be dispersed within 10 minutes, then Lane Rental Charges shall be assessed. Lane Rental Charges shall also be assessed if any rolling lane closure is greater than 15 minutes in duration or is for any purposes other than overhead work.
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Exceptions to Lane Rental Charge. 5.1 Lane Rental Charges will not be assessed if the Lane Closure is due to any of the following: (a) Lane Closure due to a TxDOT-Directed Change; (b) a Lane Closure specified, caused or ordered by, and continuing only for so long as required by, TxDOT or any Governmental Entity, or a Utility Owner performing work under a permit issued by TxDOT; (c) a Lane Closure required due to a Force Majeure Event; (d) a Lane Closure required due to damage to the Project as in Section 4.5.11.3 of the CMA General Conditions; (e) a Lane Closure required due to an Incident or Emergency that is not attributable to, could not have been avoided by or is not exacerbated by the actions of a DB Contractor-Related Entity, but only to the extent necessary to remediate the Incident or Emergency; or (f) a Lane Closure required solely for the hazard mitigation of a Category 1 Defect and persisting for no longer than the Defect Repair Period. 5.2 For each event set forth above, the Lane Closure will be exempt from Lane Rental Charges only if DB Contractor is using commercially reasonable efforts to: (a) mitigate the impact of such event, (b) reopen the affected segment to traffic, and (c) minimize the impact of DB Contractor’s activities and the Lane Closure to traffic flow.
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Related to Exceptions to Lane Rental Charge

  • Base Rent 3.1 Beginning on the Rent Commencement Date, Tenant shall pay, without prior notice or demand, to Landlord or Landlord’s agent at the management office of the Project, or, at Landlord’s option, at such other place as Landlord may from time to time designate in advance and in writing, (i) by a check for currency which, at the time of payment, is legal tender for private or public debts in the United States of America, or (ii) if so elected by Tenant, by electronic funds transfer to the account of Landlord as provided to Tenant, base rent (“Base Rent”) as set forth in Section 4 of the Summary, payable in equal monthly installments as set forth in Section 4 of the Summary in advance on or before the first day of each and every calendar month during the Lease Term, without any setoff or deduction whatsoever. The Base Rent for the first full month of the Lease Term shall be paid at the time of Tenant’s execution of this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent, as defined below, shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence.

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