Common use of Failure to Repair Clause in Contracts

Failure to Repair. If the Developer fails on its own to repair any Designated Road that is damaged by Hauling Activities conducted by the Developer Parties, the County Engineer may require in writing that the Developer repair such damage and return such roads to the condition such roads were in prior to such damage (as closely as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the County Engineer and the Developer shall meet to review the damage in relation to the Initial Evaluation or most recent subsequent evaluation, as applicable. After such review, the Developer shall repair (or cause to be repaired) such damage and restore the road to the standard set forth in Section 2.1 of this Road Use and Repair Agreement, to the extent such damage was caused by Hauling Activities conducted by the Developer Parties. Any repair and restoration shall promptly be performed at such times as the County Engineer may reasonably determine, having due regard for safety, the presence of emergency conditions and the costs of such repairs. If the Developer fails to repair such roads within the agreed period, then, unless the Parties mutually agree otherwise, the County Engineer may make such repairs and shall invoice the Developer for the costs incurred in connection with the repair. Any such invoice shall be accompanied by reasonable supporting documentation sufficient to justify the amounts claimed due by the County. The Developer shall pay such invoiced amounts within thirty (30) days following Developer’s receipt of the invoice and supporting documentation. If Developer fails to make timely payment for amounts owed under this Section, the County may access the security provided under Article 12 of the Development Agreement.

Failure to Repair. If the Developer fails on its own to repair any Designated Road that is damaged by Hauling Activities conducted by the Developer Parties, the County Engineer may require in writing that the Developer repair such damage and return such roads to the condition such roads were in prior to such damage (as closely as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the County Engineer and the Developer shall meet to review the damage in relation to the Initial Evaluation or most recent subsequent evaluation, as applicable. After such review, the Developer shall repair (or cause to be repaired) such damage and restore the road to the standard set forth in Section 2.1 of this Road Use and Repair Agreement, to the extent such damage was caused by Hauling Activities conducted by the Developer Parties. Any repair and restoration shall promptly be performed at such times as the County Engineer may reasonably determine, having due regard for safety, the presence of emergency conditions and the costs of such repairs. If the Developer fails to repair such roads within the agreed period, then, unless the Parties mutually agree otherwise, the County Engineer may make such repairs and shall invoice the Developer for the costs incurred in connection with the repair. Any such invoice shall be accompanied by reasonable supporting documentation sufficient to justify the amounts claimed due by the County. The Developer shall pay such invoiced amounts within thirty (30) days following DeveloperXxxxxxxxx’s receipt of the invoice and supporting documentation. If Developer fails to make timely payment for amounts owed under this Section, the County may access the security provided under Article 12 of the Development Agreement.

Failure to Repair. If the Developer fails on its own to repair any Designated Road Roads/Haul Roads that is are damaged by Hauling Activities conducted by the Developer Parties’ use as required by this Agreement, the County Engineer may require in writing that the Developer repair such damage and return such roads to the preexisting condition such roads were in prior to such damage (as closely as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the County Engineer and the Developer shall meet to review the damage in relation to the Initial Evaluation or most recent subsequent evaluation, as applicable. After such review, the Developer shall repair (or cause to be repaired) such damage and restore the road to the standard set forth in Section 2.1 of this Road Use and Repair the Agreement, to the extent such damage was caused by Hauling Activities conducted by the Developer Parties’ use. Any emergency repair and restoration shall promptly be performed at such times as the County Engineer may reasonably determine, having due regard for safety, the presence of emergency conditions and the costs of such repairs. If the Developer fails to repair such roads within the agreed period, then, unless the Parties mutually agree otherwise, the County Engineer may make such repairs and shall invoice the Developer for the costs incurred in connection with the repair. Any such invoice shall be accompanied by reasonable supporting documentation sufficient to justify the amounts claimed due by the County. The Developer shall pay such invoiced amounts within thirty (30) days following Developer’s receipt of the invoice invoice. Such request for repair may include temporary repairs such as crack sealing and supporting documentation. If Developer fails overlays to make timely payment for amounts owed under this Section, maintain the County may access the security provided under Article 12 integrity of the Development Agreementroads for safe public travel until more permanent repair may be undertaken following completion of the Project.