Road Damage Sample Clauses

Road Damage. Each party using any portion of the Road shall repair or cause to be repaired at its sole cost and expense that damage to the Road occasioned by it which is in excess of that which it would cause through normal and prudent usage of the Road. Should inordinate damage to the Road occur which is not caused by an authorized user of the Road, the parties hereto shall meet to agree on the cost and method of replacement or repair, and the shares of repair or replacement cost to be borne by each user of the Road.
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Road Damage. The undersigned understand(s) that they are responsible for all damage to PLR roads caused by any party performing work on their property, and that they are required to make their contractors and subcontractors aware of the requirement for prior approval of road use when there is a possibility of damage due to road conditions. All the roads on PLR are PRIVATE ROADS, not public roads. For purposes of this agreement, the term “roads” will include the roadbed, appurtenant fences, culverts, ditches, and cattle guards. Frequently during and also upon completion of construction or improvement activities on your property, the Board of Directors of the PLR HOA and/or the PLR Ranch Operations Manager will survey the roads to determine if any damage to the roads above normal wear and tear occurs. If repair work is required because of inappropriate use of roads by heavy equipment/vehicles during the time of construction or other improvement activities, compensatory costs may be assessed in addition to the following road impact fees.
Road Damage a. Authority shall be responsible for the cost of any necessary repairs of the Roads required as a result of damage specifically and solely caused by the Electric Transmission Activities; provided, however, that Authority shall not be responsible for the cost of any improvements or repairs (i) scheduled or to be performed on the Roads by the Municipality or (ii) required to remedy damage caused by anyone other than Authority or its successors, assigns, agents, subcontractors, subsidiary or any person or entity affiliated with or acting under the direction of Authority.
Road Damage a. Damage may include but not necessarily be limited to accelerated deterioration, cracking, imprinting, pitting, tracking, buckling of asphalt and road base, (regardless of its type) damage to culverts, bridges and/or drainage facilities (hereinafter, "Damage").
Road Damage. General maintenance of roads or repair of damage to roads resulting from overall disaster response and recovery operations is not the responsibility of Contractor. Contractor shall be responsible for repairing, at its expense, all damaged to roads resulting from the Contractor's negligence. If the Contractor remedies the damage through compensation, the Contractor shall provide documentation of the same to the County. The Contractor shall be responsible for reimbursing the County for any additional expenses incurred to remedy road damage. The County may deduct the cost of the road repair or remedy from the Contractor’s compensation.
Road Damage a. The terms “Damage” or “Damaged” as used in this Agreement shall mean injuries to Roads caused by Company/Contractors consisting of base failure, alligator cracking, greater than 40% chip seal surface loss, vehicle track marks, an increase in rutting or asphalt of more than ½ inch in depth in the wheel path, shoulder cracking, pot holes, xxxxxxxx, wheel path in ditch lines, and greater than 40% aggregate surface loss on a dirt/gravel road. “

Related to Road Damage

  • LOSS AND DAMAGE Lessee shall assume and bear the risk of loss, theft and damage (including any governmental requisition, condemnation or confiscation) to the Equipment and all component parts thereof from any and every cause whatsoever, whether or not covered by insurance. No loss or damage to the Equipment or any component part thereof shall impair any obligation of Lessee under this Lease Agreement, which shall continue in full force and effect except as hereinafter expressly provided. Lessee shall repair or cause to be repaired all damage to the Equipment. In the event that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed or otherwise rendered irreparably unusable or damaged (collectively, the “Loss”) then Lessee shall, within ten (10) days after the Loss, fully inform Lessor in writing of such a Loss and shall pay to Lessor the following amounts: (i) the Monthly Lease Charges (and other amounts) due and owing under this Lease Agreement, plus (ii) one-hundred (100%) percent of the original cost of the Equipment subject to the Loss if the loss occurs in the first nine months of the Initial Term, and, thereafter, the original cost of the Equipment amortized by the subsequent Monthly Lease Charges received by Lessor during the Initial Term using an amortization rate of eight hundred and ninety (890) basis points over the interest rate of the three (3) year United States Treasury Note as reported by the Federal Reserve on the Commencement Date (collectively, the sum of (i) plus (ii) shall be the “Casualty Loss Value”). Notwithstanding the proceeding, if Lessee has provided notice to terminate the applicable Lease Schedule prior to informing Lessor in writing of a Loss and such Loss is not covered by insurance proceeds pursuant to Section 13 hereof, then Lessee shall pay two (2) times the Casualty Loss Value on the Equipment subject to such Loss. Upon receipt by Lessor of the Casualty Loss Value: (i) the applicable Equipment shall be removed from the Lease Schedule; and (ii) Lessee’s obligation to pay Lease Charges associated with the applicable Equipment shall cease. Lessor may request, and Lessee shall complete, an affidavit(s) that swears out the facts supporting the Loss of any item of Equipment.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

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