Use of Improvements During Construction. County and District reserve the right to take over and utilize all or any completed part of any Facility (“Utilization”), unless such Utilization would interfere with Project Construction or operation, as determined by LACMTA. LACMTA must be given reasonable advance notice thereof. Such Utilization will be deemed acceptance of that Facility or part thereof, and any subsequent damage to such Facility shall be County’s or District’s responsibility unless caused by LACMTA’s or its contractors’ negligent work. Thereafter, LACMTA will not be required to re-clean such portions of the Facility, except for cleanup made necessary by Project Construction activities.
Use of Improvements During Construction. The Authority is responsible to direct its contractor to allow the City the use of improvements during construction, if deemed necessary by the City and agreed to by the Authority. City reserves the right to take over and utilize all or any completed part of any City Facility (“Utilization”), unless such Utilization would interfere with Project Construction; provided, however, that subject to the warranty obligations of Authority or its DB Contractor, City shall be responsible for the performance of all maintenance obligations and costs. Authority will be given reasonable advance notice thereof. If City agrees in writing prior to the Utilization, such Utilization will be deemed acceptance of that Facility or part thereof, and any subsequent damage thereto shall be City’s responsibility unless caused by Authority or its contractors or unless otherwise covered by the warranty provisions in the D/B Contract and this Agreement. Thereafter, Authority will not be required to re-clean such portions of the Facility except for cleanup made necessary by Project Construction activities.
Use of Improvements During Construction. County and District reserve the right to take over and utilize all or any completed part of any Facility (“Utilization”), unless such Utilization would interfere with Transit Project Construction or operation, as determined by the MTA. The MTA must be given reasonable advance notice thereof. Such Utilization will be deemed acceptance of that Facility or part thereof, and any subsequent damage to such Facility shall be County’s or District’s responsibility unless caused by the MTA’s or its contractors’ negligent work. Thereafter, the MTA will not be required to re-clean such portions of the Facility, except for cleanup made necessary by Transit Project Construction activities.
