Use of Designated Roads by Turtle Creek Sample Clauses

Use of Designated Roads by Turtle Creek. In connection with the development, construction, operation and maintenance, and decommissioning of the Project, the County hereby acknowledges and agrees that Turtle Creek and its contractors and subcontractors and each of their respective agents, employees, representatives, and permitted assigns (Turtle Creek and such other persons while in the performance of work for Turtle Creek, the “Turtle Creek Parties”) may use the roads located in the County identified on Appendix A hereto (the “Designated Roads”) at any time, seven (7) days a week, three hundred sixty-five (365) days a year. The Designated Roads may be used by Turtle Creek and the Turtle Creek Parties in connection with the development, construction, operation and maintenance, and decommissioning of the Project, including the transportation of heavy equipment and materials to and from the Project (the “Turtle Creek Road Operations”). In addition to identifying the Designated Roads that will be used by Turtle Creek, Appendix A identifies the routes over the Designated Roads that will be used for: (i) transportation and delivery of wind turbine equipment and components and other materials and equipment to be used in connection with the Project; (ii) truck transportation leaving the Project site following delivery of equipment and materials; and (iii) transportation and delivery of locally sourced materials, including concrete and gravel. The County agrees that, from time to time, Turtle Creek may include additional roads as Designated Roads by (A) submitting an updated version of Appendix A to the County that includes such additional roads and (B) creating a Road Condition Report for such additional roads. The updated version of Appendix A shall be deemed approved if written objection is not delivered by the County within ten (10) business days of submission to the County. Upon approval or deemed approval, as applicable, the Parties shall amend this Agreement to attach the map as a new Appendix A. If the County delivers written objection to any proposed amended Appendix A within the tem period set forth above, Turtle Creek and County shall work in good faith to resolve any objections of the County with ten (10) business days of delivery of the County’s notice of objection. In the event the Parties cannot resolve any of the County’s objections within such ten (10) business day period, any dispute or disagreement shall be resolved pursuant to Article V.
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Related to Use of Designated Roads by Turtle Creek

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