Common use of Permanent Road Restoration Clause in Contracts

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality will not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Director to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule A in relation to that pavement.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW;ROW;‌ (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW;ROW;‌ (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality will may not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Director Municipal Engineer to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule A B in relation to that pavement.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-five (5) year period immediately prior to the date of issuance of the Permit, then the Municipality Township may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-two (2) year period immediately prior to the date of issuance, then the Municipality Township may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality Township as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts;. (d) the Municipality Township will not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. i) service connections to buildings where no other reasonable means of providing service exists and the Company had has no requirement to provide service before the new pavement was placed; ; ii. Emergencies) emergencies; and iii. ) other situations deemed by the Director Municipal Engineer to be in the public interest; and (e) if the Municipality Township has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation pavement degradation fees under Schedule A in relation to that pavement. The Pavement Degradation Fees set out in Schedule “B” will be applied to any restoration work of pavement and will be noted in the Roads Permit. In the event the fees are unpaid, the Township shall draw upon the security as set out in section 10.6.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW;ROW;‌ (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW;ROW;‌ (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality will not require grind and overlay under subsections (a) or (b) above for road restoration work involving:) i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ; ii. Emergencies; and iii. other situations deemed by the Director to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule A in relation to that pavement.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-five (5) year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-two (2) year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts;. (d) the Municipality will not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. i) service connections to buildings where no other reasonable means of providing service exists and the Company had has no requirement to provide service before the new pavement was placed; ; ii. Emergencies) emergencies; and iii. ) other situations deemed by the Director Municipal Engineer to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation pavement degradation fees under Schedule A in relation to that pavement. The Pavement Degradation Fees set out in Schedule “B” will be applied to any restoration work of pavement and will be noted in the Roads Permit. In the event the fees are unpaid, the Municipality shall draw upon the security as set out in section 10.6.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW;ROW;‌ (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW;ROW;‌ (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality will not require grind and overlay under subsections (a) or (b) above for road restoration work involving:) i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Director to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule A in relation to that pavement.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will may vary from what is described in 5.1 above at the discretion of the Municipality depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require require, based on current municipal practices, that the Company grind and overlay the full lane width of pavement in the ROW;ROW for the full length of the cut;‌ (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections subsection 5.2 (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and Company, the Third Parties and the Municipality on the basis of the area of their respective cuts; (dc) the Municipality will not require grind and overlay under subsections subsection 5.2 (a) or (b) above for road restoration work involving:) i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Director Municipal Engineer to be in the public interest; and (ed) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) abovesubsection 5(a), the Company will have no obligation to pay Pavement Degradation fees under Schedule A in relation to that pavement.

Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: (a) if pavement has been repaved or overlaid during the five-five (5) year period immediately prior to the date of issuance of the Permit, then the Municipality County may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-two (2) year period immediately prior to the date of issuance, then the Municipality County may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality County as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts;. (d) the Municipality County will not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. i) service connections to buildings where no other reasonable means of providing service exists and the Company had has no requirement to provide service before the new pavement was placed; ; ii. Emergencies) emergencies; and iii. ) other situations deemed by the Director Municipal Engineer to be in the public interest; and (e) if the Municipality County has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule A in relation to that pavement.