Road Damage Sample Clauses

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. b. Deliverables by the Parties: (i) the Authority will provide to the Municipality an anticipated schedule for the Electric Transmission Activities, which is subject to change and shall be updated by the Authority as it requires; and (ii) the Municipality will provide to the Authority a schedule of its anticipated maintenance work scheduled or to be performed on the Roads. c. Municipality shall notify Authority of any improvements or repairs required because of damage caused by Electric Transmission Activities. The Parties shall, within ten (10) days of Authority’s receipt thereof, meet to inspect the subject Roads, and agree in writing on all such necessary improvements or repair work and the schedule for the performance thereof. Authority may either (i) perform such work with its own work forces, or with contractors or subcontractors chosen by Authority, or (ii) authorize the Municipality to perform such work and reimburse the Municipality for the cost thereof. d. Notwithstanding the foregoing, if any damage occurs to Roads during, and as a direct result of, Electric Transmission Activities and such damage is, in the reasonable opinion of the Municipality, an immediate danger to the public using said Road, then said Municipality shall undertake immediate emergency repairs to said Road and Authority shall be responsible for reimbursing the reasonable cost of such repairs following receipt of an invoice from the municipality. Municipality shall provide evidence, including but not limited to photographs or video showing said damage, and location, including identifies so the Authority may verify the accuracy of the damage and its relation to the Electric Transmission Activities. e. Authority shall pay all undisputed invoiced amounts within thirty (30) days from Authority’s receipt of the invoice. If Authority disputes any amounts set forth on an invoice, or if Authority disputes that it caused...
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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. 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.
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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.
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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.
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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"). b. Within forty-five (45) days following the completion of Road Use Activities and/or Construction Activities and notification to the County by the Company, the County must notify the Company in accordance with Paragraph 11 of this Agreement if it believes that Damage has occurred to the Roads and/or Bridges listed on the Traffic Route Exhibit as a direct result of the Company's Road Use Activities and/or Construction Activities. c. Within forty-five (45) days of receipt of a claim of Damage from the County, the Company will notify the County in writing of its agreement or disagreement with the claim. d. If the Company agrees that Damage has occurred as a result of Road Use Activities and/or Construction Activities, the County shall have the option of causing any necessary repairs to be made by either (1) reimbursing the County the costs and expenses of the necessary repair(s), or (2) directly subcontracting with a contractor approved by the County to perform Road and/or Bridge repair(s). e. Should the County elect to have the County Superintendent of Public Works make or cause to be made any necessary repair(s) to a Road and/or Bridge, the County shall submit a written invoice to t h e Company detailing the costs, fees and/or expenses incurred or to be incurred by the County to perform the necessary repair(s) (hereinafter, "Damage Invoice"). f. The Company agrees to pay the associated costs of any necessary Road repair(s) incurred within thirty (30) days upon receipt of a Damage Invoice unless the Company reasonably disputes the Damage Invoice. Where the Company disputes only a portion of a Damage Invoice, the Company agrees to pay the undisputed amount within thirty (30) days upon receipt of a Damage Invoice. g. If the Company does not agree that all or part of the Damage alleged by the County occurred as a result of Road Use Activities and/or Construction Activities or disputes the Damage Invoice, then the Company shall notify the County in writing that a dispute exists (hereinafter "Damage Dispute"). In that event Company shall, within sixty (60) days of the County's receipt of written dispute notice, provide post-activity road borings at a frequency per mile to be determined in the sole and...
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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. “Damage” or “Damaged” shall not include injuries to the Roads that (1) were present prior to the Company’s/Contractor’s use thereof or that were present during preconstruction documentation; (2) occurred after repairs to the Road were made, at a time Company’s/Contractor’s vehicles were not in use on the Road and that were not a result of Company/Contractor’s defective repair work; or (3) ordinary wear and tear.
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Road Damage. All roads on PLR are private. Normal Road Use Season June 1 to October 31 Limited Road Use Season November 1 to May 31 Restrictions during Normal Road Use Season may be applied.
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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.

  • Excluded Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES OR ITS OR THEIR SUPPLIERS BE LIABLE FOR (1) INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • No Damage Any material loss, damage or destruction, whether covered by insurance or not, affecting any business or properties of any of the Partnerships;

  • Major Damage In the event of Major Damage to a Property prior to the Closing Date, then the applicable Seller shall have no obligation to repair such Major Damage and shall notify Purchaser in writing of such damage or destruction (the “Damage Notice”). Within ten (10) days after Purchaser’s receipt of the Damage Notice, Purchaser may elect at its option to give a Termination Notice for the damaged Property to Seller’s Representative. If Purchaser does not elect to terminate this Agreement with respect to the damaged Property, this transaction shall be closed in accordance with the terms of this Agreement either, at the election of the applicable Seller, (a) for the full Purchase Price for the damaged Property notwithstanding any such damage or destruction, and Purchaser shall, at Closing, execute and deliver an assignment and assumption (in a form reasonably required by the applicable Seller) of such Seller’ rights and obligations with respect to the insurance claim and related to such casualty, and thereafter Purchaser shall receive all remaining insurance proceeds pertaining to such claim (plus a credit against the applicable Purchase Price at Closing in the amount of any deductible payable by the applicable Seller in connection therewith and not spent by such Seller for demolition, site cleaning, restoration or other repairs); or (b) Purchaser shall receive a credit against the Base Purchase Price for the damaged Property for the full replacement costs of repair to the subject Property, plus, to the extent covered by such Seller’s insurance policy, any costs required pursuant to local code or zoning requirements, as determined by an independent third party reasonably acceptable to such Seller and Purchaser. In the event a Seller elects to assign such Seller's rights and obligations with respect to the insurance claim and related casualty to Purchaser as provided above, and if an AIMCO employee is the adjuster for the claim related thereto, Sellers covenant and agree that the adjuster shall act in accordance with standard insurance industry protocols in processing such claim (including, without limitation, the time taken to process such claim).

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Notice of Damage Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to protect that property from further damage.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Liability and Damages The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.

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