Common use of RIGHTS TO CONSTRUCT PAVED SURFACE Clause in Contracts

RIGHTS TO CONSTRUCT PAVED SURFACE. (1) Subject to the provisions of this clause, the Joint Venturers will be entitled, at the expense of the Joint Venturers, to construct and maintain a Paved Surface on the Easement Area. (2) the Paved Surface will not be constructed on any part of the Easement Area where the Water Authority reasonably directs that the Paved Surface must not be constructed as a result of: (a) WAWA Equipment; or (b) for other reasonable cause. (3) Prior to preparing a specification of the PS Works, the Joint Ventures will: (a) consult with the Water Authority to determine whether there are any areas on which the Paved Surface should not be constructed in accordance with the requirements of subclause (2); (b) with the intention of the Joint Venturers and the Water Authority resolving any matters in contention between them arising from a proposal by the Joint Venturers to construct a Paved Surface on the Easement Area. (4) A reasonable time prior to commencing the PS Works, and not less than 30 Business Days prior to the proposed date of commencement of the PS Works, the Joint Venturers will provide to the Water Authority in writing in reasonable detail: (a) specifications for the PS Works including details as to where on the Easement Area the Paved Surface is to be constructed; and (b) a timetable specifying in reasonable detail the times and manner in which the Joint Venturers intend to undertake the PS Works including in particular the proposed date of commencement of the PS Works. (5) The Water Authority will no later than 10 Business Days prior to the proposed date of commencement of the PS Works notify the Joint Venturers in writing: (a) whether the Water Authority, having regard to the provisions of subclause (2), objects to any aspect of the PS Works; and if so (b) the Water Authority will notify the Joint Venturers of its objections in that notice in reasonable detail. (6) If the Water Authority serves a notice on the Joint Venturers under subclause (5): (a) the Joint Venturers will not commence the PS Works until all matters in dispute with the Water Authority concerning the PS Works have been resolved; and (b) the Joint Venturers and the Water Authority will meet with each other within 10 Business Days of the service of the notice by the Water Authority under subclause (5) with the intention of agreement being reached in writing between the Water Authority and the Joint Venturers in respect of any matters in dispute concerning the PS Works. (7) If the Water Authority serves a notice on the Joint Venturers under subclause (5) and any matters in dispute concerning the PS Works are not resolved in accordance with the provisions of subclause (6)(b) within 10 Business Days of the service of the notice under subclause (5), then the matters in dispute will be determined by arbitration in accordance with clause 4. (8) If for the purpose of obtaining access to WAWA Equipment it is necessary for the Water Authority to demolish a part of the Paved Surface, the following provisions will apply. (a) The Water Authority will undertake all works necessary to reinstate the Paved Surface following the completion of the works by the Water Authority. (b) The Joint Venturers will pay to the Water Authority the reasonable cost of reinstating the Paved Surface. (c) If there is any dispute between the Water Authority and the Joint Venturers concerning the reasonable cost of the Water Authority in accordance with subclause (b), that dispute will be resolved by arbitration in accordance with clause 4.

RIGHTS TO CONSTRUCT PAVED SURFACE. (1) Subject to the provisions of this clause, the Joint Venturers will be entitled, at the expense of the Joint Venturers, to construct and maintain a Paved Surface on the Easement Area. (2) the Paved Surface will not be constructed on any part of the Easement Area where the Water Authority reasonably directs that the Paved Surface must not be constructed as a result of: (a) WAWA Equipment; or (b) for other reasonable cause. (3) Prior to preparing a specification of the PS Works, the Joint Ventures will: (a) consult with the Water Authority to determine whether there are any areas on which the Paved Surface should not be constructed in accordance with the requirements of subclause (2); (b) with the intention of the Joint Venturers and the Water Authority resolving any matters in contention between them arising from a proposal by the Joint Venturers to construct a Paved Surface on the Easement Area. (4) A reasonable time prior to commencing the PS Works, and not less than 30 Business Days prior to the proposed date of commencement of the PS Works, the Joint Venturers will provide to the Water Authority in writing in reasonable detail: (a) specifications for the PS Works including details as to where on the Easement Area the Paved Surface is to be constructed; and (b) a timetable specifying in reasonable detail the times and manner in which the Joint Venturers intend to undertake the PS Works including in particular the proposed date of commencement of the PS Works. (5) The Water Authority will no later than 10 Business Days prior to the proposed date of commencement of the PS Works notify the Joint Venturers in writing: (a) whether the Water Authority, having regard to the provisions of subclause (2), objects to any aspect of the PS Works; and if so (b) the Water Authority will notify the Joint Venturers of its objections in that notice in reasonable detail. (6) If the Water Authority serves a notice on the Joint Venturers under subclause (5): (a) the Joint Venturers will not commence the PS Works until all matters in dispute with the Water Authority concerning the PS Works have been resolved; and (b) the Joint Venturers and the Water Authority will meet with each other within 10 Business Days of the service of the notice by the Water Authority under subclause (5) with the intention of agreement being reached in writing between the Water Authority and the Joint Venturers in respect of any matters in dispute concerning the PS Works. (7) If the Water Authority serves a notice on the Joint Venturers under subclause (5) and any matters in dispute concerning the PS Works are not resolved in accordance with the provisions of subclause (6)(b6) (b) within 10 Business Days of the service of the notice under subclause (5), then the matters in dispute will be determined by arbitration in accordance with clause 4. (8) If for the purpose of obtaining access to WAWA Equipment it is necessary for the Water Authority to demolish a part of the Paved Surface, the following provisions will apply. (a) The Water Authority will undertake all works necessary to reinstate the Paved Surface following the completion of the works by the Water Authority. (b) The Joint Venturers will pay to the Water Authority the reasonable cost of reinstating the Paved Surface. (c) If there is any dispute between the Water Authority and the Joint Venturers concerning the reasonable cost of the Water Authority in accordance with subclause (b), that dispute will be resolved by arbitration in accordance with clause 4.