Repairs of Designated Roads at the Request of Designees: Failure to Repair Sample Clauses

Repairs of Designated Roads at the Request of Designees: Failure to Repair. The Designee may request in writing that OYA repair damage shown to be caused by OYA and the OYA Parties to the Designated Roads and related appurtenances and return such roads and appurtenances to the condition such roads and appurtenances were in prior to such damage (as near as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the Designees and OYA shall meet to review the damage in relation to the Initial Survey, Road Report or most recent subsequent survey, as applicable. OYA shall repair (or cause to be repaired) such damage and restore the road(s) to the standard set forth in Section 2.1, unless OYA or the OYA Parties demonstrate to the reasonable satisfaction of the Designees that the damage was not caused by OYA or the OYA Parties. Any repair and restoration shall be promptly performed at such times as OYA and the Designees determine, having due regard for the time of year, weather status of construction activities, safety, the presence of emergency conditions and the costs of such repairs compared with other times of year. In the event that OYA fails to repair such roads and appurtenances within the agreed period, then, unless the Parties mutually agree otherwise, the applicable Town or County may make such repairs and shall invoice OYA for the costs incurred by the Town in connection with the repair. OYA shall pay such invoiced amounts within forty-five (45) days following receipt of the invoice. The burden shall be on OYA to establish that an invoice is unjustified or unreasonable subject to the dispute resolution provisions set forth in Section 11.2.
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