Common use of Protection and Restoration of Property Clause in Contracts

Protection and Restoration of Property. The Contractor shall restore at his own expense any public or private property damaged or injured in consequence of any act or omission on his part, or on the part of his employees or agents, to a condition equal or better than that existing before such injury or damage was done. If the Contractor neglects to restore or correct such damage or injury, the County may, upon forty-eight (48) hours notice, proceed to restore or make good such damage or injury and order the cost thereof deducted from any monies that are due or may become due the Contractor. When it is possible that construction operations may endanger any railroad facility, public or private utility, conduit or structure the Contractor shall notify the railroad or utility owner of this possibility, and the Contractor shall take such steps as may be required to safeguard and support such railroad facilities, utilities, conduits, or structures. All inspection fees, permit charges and other expenses occasioned by the Contractor's Work adjacent to the railroad facility, as determined by the County, shall be paid by the Contractor and shall not be recoverable from the County of Xxxxx. Repairs made by the Contractor shall be done as directed by the Utility owner and at the expense of the Contractor. Where it is the policy of any Utility owner to make its own repairs to damaged conduit or other structures, the Contractor shall cooperate to the fullest extent with the Utility, and he shall see that his operations interfere as little as possible with these operations, and the Contractor shall assume the cost of any charge against the County therefore. In cases where existing public and private Utility service connections are encountered, the Contractor shall perform his operations in such a manner that service will be uninterrupted, and the cost thereof shall be at the Contractor's expense, unless otherwise provided. The methods used by the Contractor for maintaining and supporting utilities and their service connections shall be such as to avoid settlement of such utilities (before and after placing of backfill). Support details shall meet the approval of the Utility involved.

Protection and Restoration of Property. ‌ The Contractor shall restore at his own expense any public or private property damaged or injured in consequence of any act or omission on his part, or on the part of his employees or agents, to a condition equal or better than that existing before such injury or damage was done. If the Contractor neglects to restore or correct such damage or injury, the County may, upon forty-eight (48) hours notice, proceed to restore or make good such damage or injury and order the cost thereof deducted from any monies that are due or may become due the Contractor. When it is possible that construction operations may endanger any railroad facility, public or private utility, conduit or structure the Contractor shall notify the railroad or utility owner of this possibility, and the Contractor shall take such steps as may be required to safeguard and support such railroad facilities, utilities, conduits, or structures. All inspection fees, permit charges and other expenses occasioned by the Contractor's Work adjacent to the railroad facility, as determined by the County, shall be paid by the Contractor and shall not be recoverable from the County of Xxxxx. Repairs made by the Contractor shall be done as directed by the Utility owner and at the expense of the Contractor. Where it is the policy of any Utility owner to make its own repairs to damaged conduit or other structures, the Contractor shall cooperate to the fullest extent with the Utility, and he shall see that his operations interfere as little as possible with these operations, and the Contractor shall assume the cost of any charge against the County therefore. In cases where existing public and private Utility service connections are encountered, the Contractor shall perform his operations in such a manner that service will be uninterrupted, and the cost thereof shall be at the Contractor's expense, unless otherwise provided. The methods used by the Contractor for maintaining and supporting utilities and their service connections shall be such as to avoid settlement of such utilities (before and after placing of backfill). Support details shall meet the approval of the Utility involved. 106.14 Intentionally Left Blank‌ 106.15 No Waiver of Legal Rights‌ The County of Xxxxx shall not be precluded or estopped by any measurement or estimate made either before or after the completion and acceptance of the Work and payment therefore, from showing the true amount and character of the Work performed and materials furnished by the Contractor, nor from showing that any such measurement or estimate is untrue or incorrectly made, nor that the Work or materials do not conform in fact to the Contract. The County shall not be precluded or estopped, notwithstanding any such measurement of estimate and payment in accordance therewith, from recovering from the Contractor and the Surety such damages as it may have sustained by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Engineer or by his representative, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possessions taken by the Engineer shall operate as a waiver, of any portion of the Contract or of any power herein reserved or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.