Inaccurate Locates. Where the Company’s Locates do not accurately correspond with either the Xxxx-ups or physical location of the Equipment, and as a result, the Municipality is unable to install its facilities Within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the Municipality will notify the Company of the Error within twenty-four (24) hours, following which the Company shall attempt to resolve the conflict created by the Error. If the Company is unable to resolve the conflict created by the Error in a reasonable time commensurate with the situation and to the Municipality’s satisfaction, the Company will pay the Municipality for its reasonable and verifiable costs incurred as a direct result of the conflict.
Inaccurate Locates. Where the Company’s Locates do not accurately correspond with either the Xxxx-ups or physical location of the Equipment, and as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the following shall apply:
Inaccurate Locates. Where the Company’s Locates do not accurately correspond with either the Xxxx-ups or physical location of the Equipment, and as a result, the Municipality is unable to install its facilities Within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the following shall apply: NON-CONSENSUS – To be negotiated RELOCATION OF PLANT General. Where the Municipality requires and requests the Company to relocate its Equipment for bona fide municipal purposes, the Municipality shall notify the Company in writing and, subject to Section 7.3, the Company shall, within days thereafter or such other time as agreed to by the Parties having regard to the schedules of the Parties and the nature of the relocation required, perform the relocation and any other required and associated Work. Municipality’s efforts. The Municipality will make good faith efforts to provide alternative routes for the Equipment affected by the relocation to ensure uninterrupted service to the Company’s customers. Once the Company has provided the Municipality with all information the Municipality requires to enable it to process a Permit application, the Municipality shall provide, on a timely basis, all Permits required to allow the Company to relocate the Equipment. Reimbursement by Municipality for the Company’s Relocation Costs. The Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing a relocation requested by the Municipality (the “Relocation Costs”) based upon the principles, methodologies and procedures set out in Schedule C.
Inaccurate Locates. Where the either Parties’ Locates do not accurately correspond with either the Xxxx-ups or physical location of the municipal infrastructure or the Equipment, and as a result, the requesting Party is unable to install its facilities Within the affected Trail in the manner it expected based on the Locates provided by the other Party (the “Error”), the requesting Party shall notify the other Party of the Error within twenty-four (24) hours, following which the Parties shall work jointly to resolve the conflict created by the Error. If the conflict created by the Error cannot be resolved within a reasonable time commensurate with the situation and to the satisfaction of the requesting Party, the other Party will pay the requesting Party for its reasonable and verifiable costs incurred as a direct result of the conflict.
Inaccurate Locates. Where the Company’s Locates are found to be in error and, as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by the Company, the Municipality will notify the Company of the error, following which the Company shall attempt to resolve the conflict. If the Company is unable to resolve the conflict in a reasonable time commensurate with the situation and to the Municipality’s satisfaction, the Company will pay the Municipality for its reasonable and verifiable Municipal Costs incurred as a direct result of the conflict.
Inaccurate Locates. Where Rogers’ Locates are found to be in error and, as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by Rogers, the Municipality will notify Rogers of the error, following which Rogers shall attempt to resolve the conflict. If Rogers is unable to resolve the conflict in a time and manner to the Municipality’s satisfaction, Rogers will pay the Municipality for its costs incurred as a direct result of the conflict.
Inaccurate Locates. Where the Company’s Locates are found to be in error, where the actual location of the Equipment is found to be beyond 1 meter horizontally on either side of the Locates, and, as a result, the Municipality is unable to install its facilities Within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the Municipality will notify the Company of the Error, following which the Company shall attempt to resolve the Error. If the Company is unable to resolve the Error in a reasonable time commensurate with the situation, the Company will pay the Municipality for its reasonable and verifiable costs incurred as a direct result of the Error. An Inaccurate Locate resulting from Equipment relocated due to ground movement stemming from, among other things, weather conditions or work or activities carried out by a Third Party, or by, or on behalf of, the Municipality, is not an Error. In the event of a disagreement as to the existence of an Error, the parties agree to work together to determine whether or not the Error stems from ground movement or work or activities carried out by a Third Party, or by, or on behalf of, the Municipality. If it is determined that the conditions of the municipal right-of-way have changed, the parties agree to be reasonable, including with respect to the allocation of direct costs stemming from the change.
Inaccurate Locates. Where EH!tel Locates are found to be in error and, as a result, the Township of Georgian Bluffs is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by EH!tel, the Township will notify EH!tel of the error, following which EH!tel, with best efforts, attempt to resolve the conflict. If EH!tel is unable to, with best efforts, resolve the conflict in a reasonable time commensurate with the situation and to the Township’s satisfaction, EH!tel will pay the Township for its reasonable and verifiable costs incurred as a direct result of the conflict.
