Common use of No Excavation without Permits Clause in Contracts

No Excavation without Permits. The Licensee shall not commence any excavation work until it has secured all necessary permits including the required CAL OSHA excavation/shoring permit. Any permits shall be prominently displayed on the site prior to the commencement of any excavation. If the work involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Licensee shall immediately, but in no case longer than two (2) Business Days, and before the following conditions are disturbed, notify Judicial Council, in writing, of any: Material that the Licensee believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, and requires removal to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. Subsurface or latent physical conditions at the site differing from those indicated. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the SLA. Judicial Council shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Licensee’s cost of the Project, the Parties shall proceed pursuant to section 4.3 of the Lease.

Appears in 2 contracts

Samples: Site License Agreement, Site License Agreement

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No Excavation without Permits. The Licensee shall not commence any excavation work until it has secured all necessary permits including the required CAL OSHA excavation/shoring permit. Any permits shall be prominently displayed on the site prior to the commencement of any excavation. If the work involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Licensee shall immediately, but in no case longer than two (2) Business Days, and before the following conditions are disturbed, notify Judicial Council, in writing, of any: Material that the Licensee believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, and requires removal to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. Subsurface or latent physical conditions at the site differing from those indicated. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the SLA. Judicial Council shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Licensee’s cost of the Project, the Parties shall proceed pursuant to section 4.3 2.3 of the LeaseSPPA.

Appears in 2 contracts

Samples: Site License Agreement, Site License Agreement

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