Common use of Stoppage of Work Clause in Contracts

Stoppage of Work. The County may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety. In such circumstances, the County will order the ongoing Work to be stopped until the unsafe condition is made safe or reason for the order is rectified. Such a work stoppage order by the County shall follow this procedure: The County shall provide the Company with a verbal order including the reason(s) for the Work stoppage, and the Company shall cease the ongoing Work immediately. If there is any excavation or any potentially dangerous condition, the Company shall take corrective action immediately to rectify such conditions. When the reasons for the Work stoppage have been resolved to the satisfaction of the County, the County shall advise the Company immediately that it can resume the Work. Within two (2) business days of the verbal order, the County shall provide the Company with a written stop work order with reasons. Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Equipment within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. Emergency contact personnel. The Company and the County shall provide to each other a list of 24-hour emergency contact personnel, available at all times, including contact particulars, and shall ensure that the list is kept current. Emergency Work by the County. In the event of an Emergency, the County shall as soon as reasonably practicable contact the Company and, as circumstances permit, allow the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with the Equipment, having regard to the nature of the Emergency. Notwithstanding the foregoing, the County may take all such measures it deems necessary to address the Emergency and otherwise re-establish a safe environment, and the Company shall pay the County’s Costs that are directly attributable to the Work or the presence of the Equipment in the ROWs. “As-built” drawings. The Company shall, no later than 90 days after completion of any Work provide the Municipal Engineer with accurate “as-built” drawings, prepared in accordance with such standards as may be required by the Municipal Engineer, sufficient to accurately establish the plan, profile and dimensions of the Equipment installed within the ROWs. In the event that the Company fails to provide “as built” drawings or the drawings provided are inaccurate, the Company will pay the County for its reasonable and verifiable costs incurred as a direct result of the absence or inaccuracy of the “as-built” drawings. Where Equipment is located incorrectly. Where the location of any portion of the Equipment in a ROW is located outside a distance of 0.5m horizontally (from centre-line to centre-line) from the location approved in the Permit or as shown on the as-built drawings (as accepted by the County) and, as a result, the County is unable to install its facilities within the affected ROWs in the manner it expected based on the Permit or as-built drawings (the “Conflict”), the following shall apply: At its sole cost and expense, the Company shall relocate its equipment and shall be responsible for all costs incurred by the County as a result of the Conflict. Agents and Sub-contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any acts, omissions or performance of its agents and sub-contractors. Remedial Work

Stoppage of Work. The County may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety. In such circumstances, the County will order the ongoing Work to be stopped until the unsafe condition is made safe or reason for the order is rectified. Such a work stoppage order by the County shall follow this procedure: The County shall provide the Company with a verbal order including the reason(s) for the Work stoppage, and the Company shall cease the ongoing Work immediately. If there is any excavation or any potentially dangerous condition, the Company shall take corrective action immediately to rectify such conditions. When the reasons for the Work stoppage have been resolved to the satisfaction of the County, the County shall advise the Company immediately that it can resume the Work. Within two (2) business days of the verbal order, the County shall provide the Company with a written stop work order with reasons. Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Equipment within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. Emergency contact personnel. The Company and the County shall provide to each other a list of 24-hour emergency contact personnel, available at all times, including contact particulars, and shall ensure that the list is kept current. Emergency Work by the County. In the event of an Emergency, the County shall as soon as reasonably practicable contact the Company and, as circumstances permit, allow the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with the Equipment, having regard to the nature of the Emergency. Notwithstanding the foregoing, the County may take all such measures it deems necessary to address the Emergency and otherwise re-establish a safe environment, and the Company shall pay the County’s Costs that are directly attributable to the Work or the presence of the Equipment in the ROWs. “As-built” drawings. The Company shall, no later than 90 days after completion of any Work provide the Municipal Engineer with accurate “as-as- built” drawings, prepared in accordance with such standards as may be required by the Municipal Engineer, sufficient to accurately establish the plan, profile and dimensions of the Equipment installed within the ROWs. In the event that the Company fails to provide “as built” drawings or the drawings provided are inaccurate, the Company will pay the County for its reasonable and verifiable costs incurred as a direct result of the absence or inaccuracy of the “as-built” drawings. Where Equipment is located incorrectly. Where the location of any portion of the Equipment in a ROW is located outside a distance of 0.5m horizontally (from centre-line to centre-line) from the location approved in the Permit or as shown on the as-built drawings (as accepted by the County) and, as a result, the County is unable to install its facilities within the affected ROWs in the manner it expected based on the Permit or as-built drawings (the “Conflict”), the following shall apply: At its sole cost and expense, the Company shall relocate its equipment and shall be responsible for all costs incurred by the County as a result of the Conflict. Agents and Sub-contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any acts, omissions or performance of its agents and sub-contractors. Remedial Work

Stoppage of Work. The County Municipality may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safetysafety or any circumstances beyond its control. In such circumstances, the County will order the ongoing Work to be stopped until the unsafe condition is made safe or reason for the order is rectified. Such a work stoppage order by the County shall follow this procedure: The County Municipality shall provide the Company with a verbal order including the reason(s) for and reasons to stop the Work stoppage, and the Company shall cease the ongoing Work immediately. If there is any excavation or any potentially dangerous condition, the Company shall take corrective action immediately to rectify such conditions. When the reasons for the Work stoppage have been resolved to the satisfaction of the County, the County shall advise the Company immediately that it can resume the Work. Within two (2) business days of the verbal order, the County Municipality shall provide the Company with a written stop work order with reasons. When the reasons for the Work stoppage have been resolved, the Municipality shall advise the Company immediately that it can commence the Work. Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Equipment within Within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. Utility co-ordination committee. The Company shall participate in a utility co-ordination committee established by the Municipality and contribute to its equitable share of the reasonable costs of the operation and administration of the committee as approved by such committee. Emergency contact personnel. The Company and the County Municipality shall provide to each other a list of 24-hour emergency contact personnel, available at all times, including contact particulars, and shall ensure that the list is kept current. Emergency Work work by the CountyMunicipality. In the event of an Emergency, the County Municipality shall as soon as reasonably practicable contact the Company and, as circumstances permit, allow the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with the Equipment, having regard to the nature of the Emergency. Notwithstanding the foregoing, the County Municipality may take all such measures it deems necessary to address the Emergency and otherwise re-establish a safe environment, and the Company shall pay the CountyMunicipality’s Costs that are directly attributable to the Work or the presence of the Equipment in the ROWs. “As-built” drawings. The Where required by the Municipality, the Company shall, no later than 90 days [● days] after completion of any Work provide the Municipal Engineer with accurate “as-built” drawings, prepared in accordance with such standards as may be required by the Municipal Engineer, sufficient to accurately establish the plan, profile and dimensions of the Equipment installed within Within the ROWs. In Such drawings shall only be used for the event that purposes of facilitating the Company fails to provide “as built” drawings or the drawings provided are inaccurate, the Company will pay the County for its reasonable Municipal Engineer’s conduct of planning and verifiable costs incurred as a direct result issuance of the absence or inaccuracy of the Work permits. The “as-builtconstructed” drawingsdrawings must be protected through reasonable measures and must not be shared beyond those who require it for the purposes described above, nor must they be used for any other purpose or combined with other information. Where Equipment is located incorrectly. Where the location of any portion of the Equipment in a ROW is located outside a distance of 0.5m [●] horizontally (from centre-line to centre-line) from the location approved in the Permit or as shown on the as-built drawings (as accepted by the CountyMunicipality) and, as a result, the County Municipality is unable to install its facilities within Within the affected ROWs in the manner it expected based on the Permit or as-built drawings (the “Conflict”), the following shall apply: At its sole cost and expense, the Company shall relocate its equipment and shall NON-CONSENSUS – To be responsible for all costs incurred by the County as a result of the Conflict. negotiated Agents and Sub-contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any the acts, omissions or performance of its agents and sub-contractors. Remedial Work.