Common use of Pipeline Clause in Contracts

Pipeline. 4.1 Notwithstanding any rule of law or equity to the contrary, the Pipeline shall at all times remain a chattel and the personal property of EPCOR or its assigns and shall not become part of the Lands, notwithstanding that it may be annexed or affixed to the Lands or abandoned by EPCOR. 4.2 EPCOR shall install, construct, operate and maintain the Pipeline in a responsible manner so as to minimize damage to the Lands and shall, where practicable, after any such work restore the Lands to substantially its original level and condition, save and except for any soil rise above grade to allow for soil settlement (the “Restoration Work”). EPCOR shall not be responsible for any damages caused by subsidence after levelling is completed, provided the subsidence does not occur as a result of negligence on the part of EPCOR. Notwithstanding the foregoing, or Clause 7.1, EPCOR shall only be obligated to compensate the Owner for damage to buildings or improvements that may be placed within the Lands, and arising from the exercise by EPCOR of its rights under this Agreement, if EPCOR has given its prior written consent pursuant to Clause 5.2 to the placement of such buildings or improvements within the Lands. 4.3 If EPCOR has not commenced the Restoration Work within a period of ninety (90) days following completion of the Pipeline, the Owner may after thirty (30) days prior written notice, complete the Restoration Work, in accordance with all applicable requirements including TSSA requirements and if such requirements must be completed by a natural gas utility the Owner shall not complete any portion of the Restoration Work governed by those requirements, provided there is no interference with the Easement Rights. EPCOR shall pay to the Owner within fifteen (15) business days following demand, all reasonable amounts paid by the Owner in respect of such Restoration Work. 4.4 EPCOR shall have the right to temporarily fence and use such portions of the Lands as may in its opinion be required. If at any time EPCOR shall require temporary fencing for maintenance or operational reasons, such fencing shall be temporary and EPCOR shall obtain the prior written consent of the Owner, acting reasonably, as to the type, term and location of any fencing and shall locate such temporary fencing insofar as may be practicable so to do, in such a fashion as to provide a minimum of inconvenience to the Owner. EPCOR shall furnish to the Owner a plan of the intended location. EPCOR shall within a period of thirty (30) days following completion of the Pipeline, compensate the Owner for any inconvenience caused to the Owner and for all damage occurring as a result of fencing any such portion of the Lands. 4.5 EPCOR may at any time for whatsoever reason or cause abandon the Pipeline in accordance with the then-applicable legislation, regulations and governmental directions. In the event of the abandonment of the Pipeline, EPCOR may, at its option, either leave the Pipeline in place or remove it provided this option remains in accordance with the then-applicable legislation. If EPCOR leaves the Pipeline in place EPCOR shall complete decommissioning procedures and comply with all applicable legislation. In the event of removal, EPCOR shall conserve, reclaim and remediate the portion of the Lands affected by the exercise of the rights herein granted, insofar as it is practicable to do so and in accordance with the then- applicable legislation, regulations and governmental directions. In the event of removal or decommissioning, as the case may be, and subject to the then- applicable legislation, EPCOR agrees to discharge this Agreement and the Easement Rights in the appropriate Land Registry Office within 180 days from the effective date of the removal of the Pipeline or the completion of the decommissioning of the Pipeline.

Pipeline. 4.1 Notwithstanding any rule of law or equity to the contrary, the Pipeline shall at all times remain a chattel and the personal property of EPCOR or its assigns and shall not become part of the Lands, notwithstanding that it may be annexed or affixed to the Lands or abandoned by EPCOR. 4.2 EPCOR shall install, construct, operate and maintain the Pipeline in a responsible manner so as to minimize damage to the Lands Right-of-Way and shall, where practicable, after any such work restore the Lands Right-of-Way to substantially its original level and condition, save and except for any soil rise above grade to allow for soil settlement (the “Restoration Work”)settlement. EPCOR shall not be responsible for any damages caused by subsidence after levelling is completed, provided the subsidence does not occur as a result of negligence on the part of EPCOR. Notwithstanding the foregoing, or Clause 7.1, EPCOR shall only be obligated to compensate the Owner for damage to buildings or improvements that may be placed within the LandsRight-of-Way, and arising from the exercise by EPCOR of its rights under this Agreement, if EPCOR has given its prior written consent pursuant to Clause 5.2 to the placement of such buildings or improvements within the LandsRight-of-Way. 4.3 If EPCOR has not commenced the Restoration Work within a period of ninety (90) days following completion of the Pipeline, the Owner may after thirty (30) days prior written notice, complete the Restoration Work, in accordance with all applicable requirements including TSSA requirements and if such requirements must be completed by a natural gas utility the Owner shall not complete any portion of the Restoration Work governed by those requirements, provided there is no interference with the Easement Rights. EPCOR shall pay to the Owner within fifteen (15) business days following demand, all reasonable amounts paid by the Owner in respect of such Restoration Work. 4.4 EPCOR shall have the right to temporarily fence and use such portions of the Lands as may in its opinion be required. If at any time EPCOR shall require temporary fencing the Right-of-Way for maintenance or operational reasonsany part of the Pipeline to be located above ground, such fencing shall be temporary and EPCOR shall obtain consult with the prior written consent of the Owner, acting reasonably, Owner as to the type, term and appropriate location of any fencing such part of the Pipeline and shall locate such temporary fencing part of the Pipeline insofar as may be practicable so to do, in such a fashion as to provide a minimum of inconvenience to the Owner. EPCOR shall furnish to the Owner a plan of the intended location. EPCOR shall within a period of thirty (30) days following completion have the right to fence and use such portions of the Pipeline, Right-of-Way as may in its opinion be required. EPCOR shall compensate the Owner for any inconvenience caused to the Owner and for all damage occurring as a result of fencing any such portion of the LandsRight-of-Way. 4.5 4.4 In accordance with the then-applicable legislation, regulations and governmental directions, EPCOR may at any time for whatsoever reason or cause abandon the Pipeline in accordance with the then-applicable legislation, regulations and governmental directionsPipeline. In the event of the abandonment of the Pipeline, EPCOR may, at its option, either leave the Pipeline in place or remove it provided this option remains in accordance with the then-applicable legislation. If EPCOR leaves the Pipeline in place EPCOR shall complete decommissioning procedures and comply with all applicable legislationit. In the event of removal, EPCOR shall conserve, reclaim and remediate the portion of the Lands affected by the exercise of the rights herein granted, insofar as it is practicable to do so and in accordance with the then- then-applicable legislation, regulations and governmental directions. In the event of removal or decommissioning, as the case may be, and subject to the then- then-applicable legislation, EPCOR agrees to discharge this Agreement the Right-of-Way and the Easement Rights in the appropriate Land Registry Office within 180 days three (3) years from the effective date of the removal of the Pipeline or the completion of the decommissioning of the Pipeline.

Pipeline. 4.1 Notwithstanding any rule of law or equity to the contrary, the Pipeline shall at all times remain a chattel and the personal property of EPCOR or its assigns and shall not become part of the Lands, notwithstanding that it may be annexed or affixed to the Lands or abandoned by EPCOR. 4.2 EPCOR shall install, construct, operate and maintain the Pipeline in a responsible manner so as to minimize damage to the Lands Right-of-Way and shall, where practicable, after any such work restore the Lands Right-of-Way to substantially its original level and condition, save and except for any soil rise above grade to allow for soil settlement (the “Restoration Work”)settlement. EPCOR shall not be responsible for any damages caused by subsidence after levelling is completed, provided the subsidence does not occur as a result of negligence on the part of EPCOR. Notwithstanding the foregoing, or Clause 7.1, EPCOR shall only be obligated to compensate the Owner for damage to buildings or improvements that may be placed within the LandsRight-of-Way, and arising from the exercise by EPCOR of its rights under this Agreement, if EPCOR has given its prior written consent pursuant to Clause 5.2 to the placement of such buildings or improvements within the LandsRight-of-Way. 4.3 If EPCOR has not commenced the Restoration Work within a period of ninety (90) days following completion of the Pipeline, the Owner may after thirty (30) days prior written notice, complete the Restoration Work, in accordance with all applicable requirements including TSSA requirements and if such requirements must be completed by a natural gas utility the Owner shall not complete any portion of the Restoration Work governed by those requirements, provided there is no interference with the Easement Rights. EPCOR shall pay to the Owner within fifteen (15) business days following demand, all reasonable amounts paid by the Owner in respect of such Restoration Work. 4.4 EPCOR shall have the right to temporarily fence and use such portions of the Lands as may in its opinion be required. If at any time EPCOR shall require temporary fencing the Right-of-Way for maintenance or operational reasonsany part of the Pipeline to be located above ground, such fencing shall be temporary and EPCOR shall obtain consult with the prior written consent of the Owner, acting reasonably, Owner as to the type, term and appropriate location of any fencing such part of the Pipeline and shall locate such temporary fencing part of the Pipeline insofar as may be practicable so to do, in such a fashion as to provide a minimum of inconvenience to the Owner. EPCOR shall furnish to the Owner a plan of the intended location. EPCOR shall within a period of thirty (30) days following completion have the right to fence and use such portions of the Pipeline, Right-of-Way as may in its opinion be required. EPCOR shall compensate the Owner for any inconvenience caused to the Owner and for all damage occurring as a result of fencing any such portion of the LandsRight-of-Way. 4.5 4.4 In accordance with the then-applicable legislation, regulations and governmental directions, EPCOR may at any time for whatsoever reason or cause abandon the Pipeline in accordance with the then-applicable legislation, regulations and governmental directionsPipeline. In the event of the abandonment of the Pipeline, EPCOR may, at its option, either leave the Pipeline in place or remove it provided this option remains in accordance with the then-applicable legislation. If EPCOR leaves the Pipeline in place EPCOR shall complete decommissioning procedures and comply with all applicable legislation. In the event of removal, EPCOR shall conserve, reclaim and remediate the portion of the Lands affected by the exercise of the rights herein granted, insofar as it is practicable to do so and in accordance with the then- applicable legislation, regulations and governmental directions. In the event of removal or decommissioning, as the case may be, and subject to the then- applicable legislation, EPCOR agrees to discharge this Agreement and the Easement Rights in the appropriate Land Registry Office within 180 days from the effective date of the removal of the Pipeline or the completion of the decommissioning of the Pipeline.the