Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities. 11.9.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work. 11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction. 11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- mentioned visible facilities shall be borne by Developer.
Appears in 27 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Existing Utility Lines. 11.9.1 1) Pursuant to Government Code section §4215, the District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by the failure of the District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 2) Locations of existing utilities provided by the District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. The District shall compensate Developer Contractor for the costs of locating, locating and repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 3) No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject. Nothing in this Article section shall be deemed to require the District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever trunklines, whenever the presence of these such utilities on the Site site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site site of the construction.
11.9.4 4) If DeveloperContractor, while performing Work work under this Contract, discovers utility facilities not identified by the District in Contract Plans the Project plans and Specifications, Developer Contractor shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 14 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Existing Utility Lines. 11.9.1 11.8.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.8.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.8.3. No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the WorkProject Completion. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 11.8.4. If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to the District shall be borne by the Developer.
Appears in 5 contracts
Samples: Facilities Lease, Master Facilities Lease, Master Facilities Lease
Existing Utility Lines. 11.9.1 11.8.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.8.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.8.3. No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article Section shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, trenches on or adjacent to the Site of the construction.
11.9.4 11.8.4. If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 4 contracts
Samples: Site Lease, Site Lease, Site Lease
Existing Utility Lines. 11.9.1 1) Pursuant to Government Code section 4215, the District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by the failure of the District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 2) Locations of existing utilities provided by the District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. The District shall compensate Developer Contractor for the costs of locating, locating and repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 3) No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject. Nothing in this Article section shall be deemed to require the District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever trunklines, whenever the presence of these such utilities on the Site site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site site of the construction.
11.9.4 4) If DeveloperContractor, while performing Work work under this Contract, discovers utility facilities not identified by the District in Contract Plans the Project plans and Specifications, Developer Contractor shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 4 contracts
Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site site at the time of commencement of construction under the Contract Documents SLA with respect to any such utility facilities that are not identified in the Plans plans and Specificationsspecifications. Developer Licensee shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 . Locations of existing utilities provided by District Judicial Council shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Licensee of its responsibilities responsibility to exercise reasonable care and to pay all nor of the costs of repair due to DeveloperLicensee’s failure to do so. District Judicial Council shall compensate Developer Licensee for the costs of locating, repairing damage not due to the failure of Developer Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans plans and Specifications specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein . Such compensation shall be construed paid as an adjustment to preclude assessment against Developer the Fixed Price for any other delays in completion of Electricity by Amendment to the WorkSPPA. Nothing in this Article Exhibit shall be deemed to require District Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 site. If DeveloperLicensee, while performing Work work under this ContractSLA, discovers utility facilities not identified by District Judicial Council, Licensee shall immediately, but in Contract Plans and Specificationsno case longer than two (2) Business Days, Developer shall immediately notify the District Judicial Council and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to Judicial Council shall be borne by Developerthe Licensee.
Appears in 4 contracts
Samples: Site License Agreement, Site License Agreement, Site License Agreement
Existing Utility Lines. 11.9.1 11.8.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.8.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.8.3. No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 11.8.4. If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 4 contracts
Samples: Master Site Lease, Master Site Lease, Master Site Lease
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- mentioned visible facilities shall be borne by the Developer.
Appears in 3 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site site at the time of commencement of construction under the Contract Documents SLA with respect to any such utility facilities that are not identified in the Plans plans and Specificationsspecifications. Developer Licensee shall not be assessed for liquidated damages for delay in completion of the Project project caused by failure of District Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 . Locations of existing utilities provided by District Judicial Council shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Licensee of its responsibilities responsibility to exercise reasonable care and to pay all nor of the costs of repair due to DeveloperLicensee’s failure to do so. District Judicial Council shall compensate Developer Licensee for the costs of locating, repairing damage not due to the failure of Developer Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans plans and Specifications specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein . Such compensation shall be construed paid as an adjustment to preclude assessment against Developer the Fixed Price for any other delays in completion of Electricity by Amendment to the WorkSPPA. Nothing in this Article Exhibit shall be deemed to require District Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 site. If DeveloperLicensee, while performing Work work under this ContractSLA, discovers utility facilities not identified by District Judicial Council, Licensee shall immediately, but in Contract Plans and Specificationsno case longer than two (2) Business Days, Developer shall immediately notify the District Judicial Council and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to Judicial Council shall be borne by Developerthe Licensee.
Appears in 3 contracts
Samples: Site License Agreement, Site License Agreement, Site License Agreement
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- mentioned visible facilities shall be borne by Developer.
Appears in 1 contract
Samples: General Construction Agreement
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 . Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 . No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article Section shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, trenches on or adjacent to the Site of the construction.
11.9.4 . If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above-mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 1 contract
Samples: Site Lease
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- above-mentioned visible discovered facilities shall be borne by Developer.
Appears in 1 contract
Samples: General Construction Agreement
Existing Utility Lines. 11.9.1 11.6.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.6.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.6.3. No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 11.6.4. If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- above-mentioned visible facilities shall be borne by the Developer.
Appears in 1 contract
Samples: Facilities Lease
Existing Utility Lines. 11.9.1 11.15.1. Pursuant to Government Code section 4215, District Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and SpecificationsSpecifications and which are located on the Site at the time of commencement of the Work. Developer shall Contractor will not be assessed for liquidated damages Liquidated Damages for delay in completion of the Project caused by failure of District or the owner of a utility Judicial Council to provide for removal or relocation of such utility facilities.
11.9.2 11.15.2. Locations of existing utilities provided by District shall Judicial Council will not be considered exact, but approximate approximate, within a reasonable margin and shall will not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all care, nor the costs of repair due to DeveloperContractor’s failure to do so. District shall Judicial Council will compensate Developer for Contractor for: (i) the costs of locating, locating and repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and ; (ii) removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, ; and (iii) for equipment necessarily idle during such work.
11.9.3 11.15.3. No provision herein shall will be construed to preclude assessment against Developer Contractor for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District section requires Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the constructionSite.
11.9.4 11.15.4. If DeveloperContractor, while performing Work under this ContractWork, discovers utility facilities not identified by District Judicial Council in the Contract Plans and Specifications, Developer shall immediately Contractor must immediately, but in no case longer than TWO (2) Business Days, notify the District Judicial Council and the utility provider in writing. In the event Developer fails The cost to immediately provide notice and subsequently causes repair damage to visible utility facilities without prior written notification to Judicial Council will be the utility facilities, the cost sole responsibility of repair for damage to above- mentioned visible facilities shall be borne by DeveloperContractor.
Appears in 1 contract
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.. D R A F T
11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- mentioned visible facilities shall be borne by the Developer.
Appears in 1 contract
Samples: General Construction Agreement
Existing Utility Lines. 11.9.1 10.11.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 10.11.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 10.11.3. No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article Section shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility linesor
10.11.4. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- above‐ mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
10.11.5. Notwithstanding the foregoing, Contractor must provide at least fourteen (14) Business Days’ written notice to the District and receive the District Approval before interrupting any utility service at the Project, and all emergency power, etc., must be in place prior to disruption of service.
10.11.6. Should, during construction, Contractor disturb, damage, or disconnect any existing utilities or services identified by the District consistent with Government Code section 4215, Contractor is responsible, at no additional cost or time, to the District, for all expenses and consequential damages of every type arising from such disturbance or the replacement or repair thereof and must repair such items as required to maintain continuing service, including emergency repairs.
Appears in 1 contract
Samples: Site Lease
Existing Utility Lines. 11.9.1 11.8.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.8.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.8.3. No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.be
11.9.4 11.8.4. If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
Appears in 1 contract
Samples: Master Site Lease
Existing Utility Lines. 11.9.1 10.11.1. Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the this Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 10.11.2. Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer Contractor of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to DeveloperContractor’s failure to do so. District shall compensate Developer Contractor for the costs of locating, repairing damage not due to the failure of Developer Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 10.11.3. No provision herein shall be construed to preclude assessment against Developer Contractor for any other delays in completion of the WorkProject Completion. Nothing in this Article Section shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, trenches on or adjacent to the Site of the construction.
11.9.4 10.11.4. If DeveloperContractor, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the The cost of repair for damage to above- mentioned visible facilities without prior written notification to the District shall be borne by Developerthe Contractor.
10.11.5. Notwithstanding the foregoing, Contractor must provide at least fourteen (14) Business Days’ written notice to the District and receive the District Approval before interrupting any utility service at the Project, and all emergency power, etc., must be in place prior to disruption of service.
10.11.6. Should, during construction, Contractor disturb, damage, or disconnect any existing utilities or services identified by the District consistent with Government Code section 4215, Contractor is responsible, at no additional cost or time, to the District, for all expenses and consequential damages of every type arising from such disturbance or the replacement or repair thereof and must repair such items as required to maintain continuing service, including emergency repairs.
Appears in 1 contract
Samples: Site Lease
Existing Utility Lines. 11.9.1 11.6.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 11.6.2 Locations of existing utilities provided by District shall not be considered exact, but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all nor costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 11.6.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 11.6.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- above-mentioned visible facilities shall be borne by the Developer.
Appears in 1 contract
Samples: Facilities Lease
Existing Utility Lines. 11.9.1 Pursuant to Government Code section 4215, District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Site at the time of commencement of construction under the Contract Documents with respect to any such utility facilities that are not identified in the Plans and Specifications. Developer shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of District or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by District shall not be considered exact, exact but approximate within a reasonable margin and shall not relieve Developer of its responsibilities to exercise reasonable care and to pay all costs of repair due to Developer’s failure to do so. District shall compensate Developer for the costs of locating, repairing damage not due to the failure of Developer to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein shall be construed to preclude assessment against Developer for any other delays in completion of the Work. Nothing in this Article shall be deemed to require District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Developer, while performing Work under this Contract, discovers utility facilities not identified by District in Contract Plans and Specifications, Developer shall immediately notify the District and the utility in writing. In the event Developer fails to immediately provide notice and subsequently causes damage to the utility facilities, the cost of repair for damage to above- above-mentioned visible discovered facilities shall be borne by Developer.
Appears in 1 contract
Samples: General Construction Agreement