Gravel Pits. 8.10.1 Subject to Section 8.10.2 and to any third party interests in the subject land or “Material” (which term as used in this Section 8.10 has the meaning ascribed to it in the Gravel Licence) therein, and subject to the limitations, terms and conditions set forth in this Agreement, Part 7 of Schedule 4 [Gravel Pits and Form of Gravel Licence] and the Gravel Licences, the Concessionaire may enter on, occupy and use the Gravel Pits for the purposes of construction staging and extraction, processing, storage, and removal of Material for use by the Concessionaire or its contractors or subcontractors in order to perform the Operations. The Concessionaire will not use or permit the use of the Gravel Pits or Material extracted from the Gravel Pits for any other purpose.
8.10.2 The Concessionaire will execute non-exclusive Gravel Licences substantially in the form provided in Section B of Part 7 of Schedule 4 [Gravel Pits and Form of Gravel Licence] for the Gravel Pits which the Concessionaire proposes to enter on, occupy and use in accordance with Section 8.10.1.
8.10.3 The Concessionaire will comply with, carry out and perform all requirements (including site remediation requirements) under applicable Laws and Regulations and Permits, Licences and Approvals (including the Gravel Licences) and under the Environmental Assessment Certificate in connection with or arising as a result of the entry on, occupation of, or the use of the Gravel Pits, including under the Gravel Licences, by the Concessionaire or any of its agents, contractors or subcontractors of any tier or the employees of any of them.
8.10.4 The Province makes no representation or warranty whatsoever in respect of the Material, including (despite the approximate quantities, approximate maximum quantities, usage conditions and distances set out in Section A of Part 7 of Schedule 4 [Gravel Pits and Form of Gravel Licence]) in respect of the processes that may be required to process any of the Material, any objectionable matter or coatings, the gradation, quantity, quality or fitness for purpose of the Material in or comprising the Gravel Pits, or in respect of the Gravel Pits, including any access to or suitability, condition or state of any such Gravel Pit.
8.10.5 Neither the Gravel Licences nor anything contained in this Section 8.10 [Gravel Pits] or any other provision of this Agreement limits or restricts or will limit or restrict in any way the powers, rights or interests which the Province or an...
Gravel Pits. (a) The Grantor shall use its commercially reasonable efforts to ensure that the Concessionaire shall be entitled to extract gravel from the gravel pits identified in Schedule 2.20(a) (the “Gravel Pits”) without payment of any fee or charge for use by the Concessionaire or its contractors in order to fulfil its obligations and perform under this Agreement, but for no other purpose. For greater certainty, the Concessionaire shall not be entitled to sell or otherwise licence or dispose of material from the Gravel Pits to any third party except its contractors in fulfilling the Concessionaire’s obligations and performing under this Agreement, or to otherwise use the Gravel Pits for any purpose other than the performance of the Concessionaire’s obligations hereunder.
(b) As a condition of exercising its right in paragraph (a) above, the Concessionaire shall execute a non-exclusive Gravel Licence substantially in the form set out in Schedule 2.20(b) (the “Gravel Licence”) incorporating the terms set out in this Section 2.20, which shall terminate on the date of termination of this Agreement. The Grantor will cause the Gravel Licence to be assignable by or on behalf of the Concessionaire provided such assignment is concurrently with and to the same person as this Agreement.
(c) The Grantor does not make any warranty or representation as to the quantity, quality or fitness for purpose of the material in or comprising the Gravel Pits.
(d) Notwithstanding the grant of the Gravel Licence to the Concessionaire in accordance with the foregoing, the Concessionaire acknowledges that the rights and powers of the Provincial Entities under applicable Laws and Regulations to access and use the Gravel Pits for their own purposes and to grant to other persons the right to access and use the Gravel Pits shall continue without limitation.
Gravel Pits. In the late 1960s a new road project in Xxxxxxxx County was in need of crushed stone for road bedding material. The owners of the Boys’ Home sold soil and stones from a 15 acre area situated on the southern end of the property. The machinery removed soil up to 15 ft. in depth in this pit. (Levy 2013). This disturbance has been confirmed by shovel testing (See Ferry Farm Dovetail Survey 2007 - Xxxxxxx- Xxxxxxxx and Xxxxxxxx, p.33). This photograph from around the time the property was acquired by Walmart shows the extent of the Gravel Pits. This photograph and Figure 5 are particularly helpful in determining the extent of the mining activity. Proposed Walmart Boundaries These topo maps demonstrate the amount of disturbance in this area. N N The Area 3 – Early 20th century Farm Support Building Complex.
