Mining Subsidence Sample Clauses

Mining Subsidence. 2.13.1 If, in the opinion of Network Rail, it shall be necessary (at any time) to purchase, or to pay compensation for leaving unworked, any mines or minerals to ensure continued support to the New Structure and, if necessary, the adjacent Railway Infrastructure, Network Rail may take such action as Network Rail considers necessary to preserve support for the Railway Infrastructure over and/or adjacent to the New Structure and necessitated by the construction of the New Structure. 2.13.2 If Network Rail or the Council reasonably apprehends that the working of any mines or minerals is likely to cause the New Structure or the adjacent Railway Infrastructure to sink or otherwise suffer damage by reason of subsidence or if such working causes the New Structure or the adjacent Railway Infrastructure to sink or otherwise suffer damage then Network Rail and the Council before taking any steps to prevent guard against or make good such damage shall notify and consult with the other party with a view to agreeing the measures necessary to be taken. 2.13.3 Notwithstanding Clause 2.13.2 above, if Network Rail considers that as a result of the working of any mines or minerals the condition of the New Structure is such as to make it a danger to the Railway or to the adjacent Railway Infrastructure to such a degree that immediate measures must be taken Network Rail may take such measures as Network Rail considers necessary. 2.13.4 At any time after the expiry of twenty one days (or one calendar month if the minerals are vested in the Coal Authority) of the Council having been first notified by Network Rail under Clause 2.13.2, Network Rail may (unless otherwise agreed) take such steps as Network Rail considers necessary for the protection and safety of the Railway. 2.13.5 If in carrying out any measures agreed between Network Rail and the Council or considered necessary by Network Rail in accordance with the preceding provisions of this Clause Network Rail incurs Costs which it would not have incurred had the Works not been constructed, those Costs shall be repaid by the Council to Network Rail less so much thereof as may be recovered by Network Rail from some other party and in any case where Network Rail shall with the approval of the Council have taken legal proceedings against such other party the costs and expenses of such proceedings (insofar as they shall fall upon Network Rail) shall be added to the amount recoverable from the Council.
AutoNDA by SimpleDocs

Related to Mining Subsidence

  • WATERBEDS The Tenant: (check one)

  • MINES The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the Contractor’s subsidiaries or affiliated entities (if any) is engaged in the sale or manufacture of anti-personnel mines or components utilized in the manufacture of anti-personnel mines.

  • Plant The expression ‘Plant’ as used in the tender papers shall mean every temporary accessory necessary or considered necessary by the Engineer to execute, construct, complete and maintain the work and all altered, modified, substituted and additional works ordered in the time and the manner herein provided and all temporary materials and special and other articles and appliance of every sort kind and description whatsoever intended or used therefore.

  • Wetlands When disposing of excess, soil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands.

  • Land The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);

  • Dewatering (a) Where the whole of a site is so affected by surface water following a period of rain that all productive work is suspended by agreement of the Parties, then dewatering shall proceed as above with Employees so engaged being paid at penalty rates as is the case for safety rectification work. This work is typically performed by Employees engaged within CW1, CW2 or CW3 classifications. When other Employees are undertaking productive work in an area or areas not so affected then dewatering will only attract single time rates. (b) Where a part of a site is affected by surface water following a period of rain, thus rendering some areas unsafe for productive work, consistent with the Employer’s obligations under the OH&S Act, appropriate Employees shall assist in the tidying up of their own work site or area if it is so affected. Where required, appropriate Employees will be provided with the appropriate PPE. Such work to be paid at single time rates. Productive work will continue in areas not so affected. (c) To avoid any confusion any ‘dewatering’ time which prevents an Employee from being engaged in their normal productive work is not included in any calculation for the purposes of determining whether an Employee is entitled to go home due to wet weather (refer clauses 32.4 and 32.5)

  • Alpine Areas As of 1 October 2020 the Employer shall pay an Alpine disability allowance of $3.85 worked on Projects in alpine areas. These allowances will be adjusted annually in accordance with CPI (All Groups, Melbourne) movements measured in the twelve month period ending the previous December quarter effective as of 1 March 2021, rounded to the nearest 5 cents.

  • Pipelines Developer shall have no interest in the pipeline gathering system, which gathering system shall remain the sole property of Operator or its Affiliates and shall be maintained at their sole cost and expense.

  • Water Provide hot water for lavatory purposes and cold water for drinking, lavatory and toilet purposes.

  • Groundwater Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geologic formation or structure in which such water stands, flows, percolates, or otherwise moves.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!