Common use of Rearrangement and Relocation for City Work Clause in Contracts

Rearrangement and Relocation for City Work. Licensee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any Street, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City in connection with the City’s municipal functions or otherwise reasonably related to a governmental interest by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this License. In the event that the Public Works Director determines that any City Work will require the Equipment to be rearranged and/or relocated Licensee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If Licensee fails or refuses to either permanently or temporarily rearrange and/or relocate the Equipment within a reasonable time after the Public Works Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at Licensee’s sole cost and expense. The City will use reasonable efforts to provide Licensee with at least six months’ prior notice, but the City may exercise its rights to rearrange or relocate the Equipment without prior notice to Licensee when the Public Works Director determines that the City Work is immediately necessary to protect public health or safety. Licensee shall reimburse the City for all costs and expenses in connection with such work within 30 days after a written demand for reimbursement and reasonable documentation to support such costs. In addition, Licensee shall indemnify, defend and hold any and all Indemnified City Parties harmless from and against any Claims in connection with rearranging or relocating the Equipment, or turning on or off any water, oil, gas, electricity or other utility service in connection with the Equipment. Within 90 days after any Equipment have been rearranged or relocated, Licensee shall file as-built plans and maps with the Public Works Director in the same manner and subject to the same requirements as provided in Section 6.11 (As-Built Plans and Maps).

Rearrangement and Relocation for City Work. Licensee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any Street, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City in connection with the City’s municipal functions or otherwise reasonably related to a governmental interest by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this License. In the event that the Public Works Director City determines that any City Work will require the Equipment to be rearranged and/or relocated Licensee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If Licensee fails or refuses to either permanently or temporarily rearrange and/or relocate the Equipment within a reasonable time after which in no event shall be less than thirty (30) days following Licensee’s receipt of written notice of the Public Works DirectorCity’s noticeintention to undertake City Work which requires the rearrangement and/or relocation of Licensee’s Equipment, then thereafter, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at Licensee’s sole cost and expense. The City will use reasonable efforts to provide Licensee with at least six months’ prior notice, but the City may exercise its rights to rearrange or relocate the Equipment without prior notice to Licensee when the Public Works Director City determines that the City Work is immediately necessary to protect public health or safety. The City shall not be responsible for damage to, repairs to or maintenance of the Equipment or for any associated costs except to the extent caused by the City, its employees, Agents, contractors or subcontractors. The City’s work to rearrange or relocate Licensee’s Equipment shall be deemed to be Reimbursable Fees, and Licensee shall promptly reimburse the City for all costs and expenses in connection with such work the same within 30 thirty (30) days after a written demand for reimbursement and of Licensee’s receipt of City’s invoice accompanied by reasonable documentation to support such costsevidence of the Reimbursement Fees so incurred by the City. In addition, Licensee shall indemnify, defend and hold any and all Indemnified City Parties harmless from and against any Claims in connection with rearranging or relocating the Equipment, or turning on or off any water, oil, gas, electricity or other utility service in connection with the EquipmentEquipment except to the extent of the sole active negligence or willful misconduct of the City, the Indemnified City Parties, of any of them. Within 90 ninety (90) days after any Equipment have been rearranged or relocated, Licensee shall file as-built plans and maps with the Public Works Director City in the same manner and subject to the same requirements as provided in Section 6.11 (As-Built Plans and Maps).

Rearrangement and Relocation for City Work. ‌ Licensee acknowledges that the City, in its sole discretion and at any time, may: (1a) change any street grade, width or location; (2b) add, remove or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any Street, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3c) perform any other work deemed necessary, useful or desirable by the City in connection with the City’s municipal functions or otherwise reasonably related to a governmental interest by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this LicensePermit. In the event that the Public Works Director determines that any City Work will require the Equipment to be rearranged and/or relocated Licensee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If Licensee fails or refuses to either permanently or temporarily rearrange and/or relocate the Equipment within a reasonable time after which in no event shall be less than thirty (30) days following Licensee’s receipt of written notice from the Director of Public Works Directorof the City’s noticeintention to undertake City Work which requires the rearrangement and/or relocation of Licensee’s Equipment, then thereafter, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at Licensee’s sole cost and expense. The City will use reasonable efforts to provide Licensee with at least six months’ prior notice, but the City may exercise its rights to rearrange or relocate the Equipment without prior notice to Licensee when the Public Works Director determines that the City Work is immediately necessary to protect public health or safety. The City shall not be responsible for damage to, repairs to or maintenance of the Equipment or for any associated costs except to the extent caused by the City, its employees, Agents, contractors or subcontractors. The City’s work to rearrange or relocate Licensee’s Equipment shall be deemed to be Reimbursable Fees, and Licensee shall promptly reimburse the City for all costs and expenses in connection with such work the same within 30 thirty (30) days after a written demand for reimbursement and of Licensee’s receipt of City’s invoice accompanied by reasonable documentation to support such costsevidence of the Reimbursement Fees so incurred by the City. In addition, Licensee shall indemnify, defend and hold any and all Indemnified City Parties harmless from and against any Claims in connection with rearranging or relocating the Equipment, or turning on or off any water, oil, gas, electricity or other utility service in connection with the EquipmentEquipment except to the extent of the sole or active negligence or willful misconduct of the City, the Indemnified City Parties, of any of them. Within 90 ninety (90) days after any Equipment have been rearranged or relocated, Licensee shall file as-built plans and maps with the Director of Public Works Director in the same manner and subject to the same requirements as provided in Section 6.11 (As-Built Plans and Maps).

Rearrangement and Relocation for City Work. ‌ Licensee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any Street, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City in connection with the City’s municipal functions or otherwise reasonably related to a legitimate governmental interest by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this Master License. In the event that the Public Works Director determines that any City Work will require the Equipment to be rearranged and/or relocated Licensee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If Licensee fails or refuses to either permanently or temporarily rearrange and/or relocate the Equipment within a reasonable time after the Public Works Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at Licensee’s sole cost and expense. The City will use reasonable efforts to provide Licensee with at least six months’ prior notice, but the City may exercise its rights to rearrange or relocate the Equipment without prior notice to Licensee when the Public Works Director determines that the City Work is immediately necessary to protect public health or safety. Licensee shall reimburse the City for all actual and reasonable costs and expenses in connection with such work within 30 days after a written demand for reimbursement and reasonable documentation to support such costs. In addition, Licensee shall indemnify, defend and hold any and all Indemnified City Parties harmless from and against any Claims in connection with rearranging or relocating the Equipment, or turning on or off any water, oil, gas, electricity or other utility service in connection with the Equipment, except to the extent caused by the sole active negligence or willful misconduct of City or its Indemnified City Parties. Within 90 days after any Equipment have been rearranged or relocated, Licensee shall file as-built plans and maps with the Public Works Director in the same manner and subject to the same requirements as provided in Section 6.11 7.12 (As-Built Plans and Maps).