Common use of Turnouts and Measuring Devices Clause in Contracts

Turnouts and Measuring Devices. (1) Notwithstanding the provisions of Article 10(d), any delivery structure requested by the Agency, if in the opinion of the State the construction of the structure will not interfere with or adversely affect any project facilities or the construction or operation therof, may be designed and constructed by the Agency subject to the prior written approval by the State of plans and specifications for such structure and subject to construction supervision by the State: Provided, That the Agency shall pay all design and other costs incurred by the State which in the opinion of the State are properly chargeable to any such turnout designed and constructed by the Agency: Provided further, That the provisions of Article 10(d) shall apply to all delivery structures constructed by the State. (2) Notwithstanding the provisions of Article 11, measuring devices and equipment to be installed in any delivery structure constructed by the Agency, pursuant to subdivision (i)(1) of this Article, may be acquired and installed by the Agency but shall be maintained and operated by the State: Provided, That such measuring devices and equipment as may be acquired and installed by the Agency shall be satisfactory and acceptable to the State, and shall be installed under the supervision of the State: Provided further, That such devices and equipment shall be examined, tested and serviced regularly by the State to insure their accuracy, and that at any time or times the Agency or any other contractor may inspect such devices and equipment, and the measurements and records taken therefrom: Provided further, That the provisions of Article 11 shall apply to all measuring devices and equipment acquired and installed by the State.

Turnouts and Measuring Devices. (1) Notwithstanding the provisions of Article 10(d), any delivery structure requested by the Agency, if in the opinion of the State the construction of the structure will not interfere with or adversely affect any project facilities or the construction or 49 Amended: Amendment 3 50 Deleted: Amendment 11 51 Deleted: Amendment 8‌ 52 Amended: Amendment 4 operation therofthereof, may be designed and constructed by the Agency subject to the prior written approval by the State of plans and specifications for such structure and subject to construction supervision by the State: Provided, That the Agency shall pay all design and other costs incurred by the State which in the opinion of the State are properly chargeable to any such turnout designed and constructed by the Agency: Provided further, That the provisions of Article 10(d) shall apply to all delivery structures constructed by the State. (2) Notwithstanding the provisions of Article 11, measuring devices and equipment to be installed in any delivery structure constructed by the Agency, pursuant to subdivision (i)(1c)(1) of this Article, may be acquired and installed by the Agency but shall be maintained and operated by the State: Provided, That such measuring devices and equipment as may be acquired and installed by the Agency shall be satisfactory and acceptable to the State, and shall be installed under the supervision of the State: Provided further, That such devices and equipment shall be examined, tested tested, and serviced regularly by the State to insure their accuracy, and that at any time or times the Agency or any other contractor may inspect such devices and equipment, and the measurements and records taken therefrom: Provided further, That the provisions of Article 11 shall apply to all measuring devices and equipment acquired and installed by the State.. <47. No such article exists.>‌ <48. No such article exists.>‌ <49. No such article exists.>‌

Turnouts and Measuring Devices. (1) Notwithstanding the provisions of Article 10(d), any delivery structure requested by the AgencyDistrict, if in the opinion of the State the construction of the structure will not interfere with or adversely affect any project facilities or the construction or operation therofthereof, may be designed and constructed by the Agency District subject to the prior written approval by the State of plans and specifications for such structure and subject to construction supervision by the State: Provided, That that the Agency District shall pay all design and other costs incurred by the State which in the opinion of the State are properly chargeable to any such turnout designed and constructed by the AgencyDistrict: Provided Provided, further, That that the provisions of Article 10(d) shall apply to all delivery structures constructed by the State. (2) Notwithstanding the provisions of Article 11, measuring devices and equipment to be installed in any delivery structure constructed by the AgencyDistrict, pursuant to subdivision (i)(1c)(1) of this Article, may be acquired and installed by the Agency District but shall be maintained and operated by the State: Provided, That that such measuring devices and equipment as may be acquired and installed by the Agency District shall be satisfactory and acceptable to the State, and shall be installed under the supervision of the State: Provided Provided, further, That that such devices and equipment shall be examined, tested and serviced regularly by the State to insure their accuracy, and that at any time or times the Agency District or any other contractor may inspect such devices and equipment, and the measurements and records taken therefrom: Provided Provided, further, That that the provisions of Article 11 shall apply to all measuring devices and equipment acquired and installed by the State.