Use of Roads. The Company will permit the Contractor, at the Contractor’s own risk and only for the purposes of carrying out the Work and fulfilling any of the Contractor’s other obligations under this Agreement, the non-exclusive use of any roads and bridges on the Lands or between the Lands and the Point of Delivery:
(a) to the extent that the Company has the right to grant such use;
(b) subject to any closure of such roads or bridges; and
(c) provided that the Contractor carries out such maintenance of such roads and bridges as the Company may reasonably direct from time to time.
Use of Roads. The indigenous parties acknowledge and agree that the use pursuant to clause 10.6 by members of the native title claim group of any roads and tracks constructed for the purposes of carrying out authorised exploration activities is subject to:
(a) reasonable control by the explorer for the purposes of safety; and
(b) priority of use by the explorer for the purpose of carrying out without the explorer undertaking any liability for that use.
Use of Roads. Lessee shall have the right to use any connecting road(s) of Lessor solely for ingress, egress or regress to the Land, such use; however, shall be at Lessee’s own risks and Lessor shall not be liable for any latent or patent defects in any such road nor will it be liable for any damages or injuries sustained by obligation of maintenance and repair for connecting roads in accord with its obligation of maintenance and repair under paragraph 5.
Use of Roads. 17.1 Only existing roads shall be used and no articulated trucks will be allowed on site. Any damage to roads or adjacent areas will be for the CONTRACTORS' account.
17.2 The speed limit on all roads in the Estate is 30km/h.
17.3 Vehicle access to a site must be shown on site diagram. All accesses should be designed by an engineer to ensure that the construction vehicles do not damage the existing services when entering the sites, especially on very sloping areas. (See proposed engineered designed entrances for typical site in Appendix “B”). A layer of sand must be laid down on the existing road surface to prevent trucks damaging the road when entering the site. Service connection points (water, sewerage, power and telephone) will be finalised once the engineer’s reticulation plans are approved.
Use of Roads. Lessee shall have the right to use Lessor's existing road networks, whether currently existing or subsequently constructed, as are necessary to its exercise of the rights conveyed hereunder. The foregoing grant of rights is subject to any restriction or prohibition contained in any easements, permits, or licenses granting Lessor the right to utilize such roadways, including but not limited to absolute prohibitions against assignment, if any, hauling fees, traffic regulations, maintenance costs, construction costs, or other restrictions. Lessee in its use of roads, whether currently existing or hereafter constructed by either party, shall comply with all reasonable regulations promulgated by Lessor. Nothing contained herein shall prohibit Lessor from modifying orterminating any easement, license, or permit granting Lessor a right to use any road.
Use of Roads. The County hereby grants Developer and its contractors and subcontractors the right to use the Roads identified within this agreement to transport parts, facilities and equipment and to carry out other related activities during the construction of the Project Facilities pursuant to the terms and conditions of this Agreement. All fees as set out in the County Right of Way Fees Ordinance shall be paid as the time that the Highway Department Director and County approve the Maps which set out use of specific Roads, driveways, and crossings. Developer shall be responsible for the following:
i. Publish Notice in The Leader (a/k/a Pilot News) of potential Road closures lasting more than twenty (20) minutes – such publication to occur no later than twenty-four (24) hours prior to a scheduled closure but may occur easier when determined by Developer.
ii. Safety signs shall be displayed at all times and at affected intersections when crews are working on the Roads within five hundred (500) feet of current construction activities.
iii. Roads not proposed for use under this Agreement, but which are identified on the Maps, shall be clearly marked as “No Transportation Zone” using metal posts and signs.
iv. “Slow Road Construction Ahead”, “Road Closed”, “One Lane Road Ahead”, “Rough Stretch Ahead”, and any other sign that is needed to properly identify a potential hazard caused by construction activities or danger to public safety caused by construction activities shall be visible from any direction, and shall be posted in one-mile increments for the distance of the hazardous or dangerous condition.
v. Highway Department Director may provide written notification to Transportation Coordinator of required signs (in addition to safety signs) indicating unsafe conditions. Posting of requested signs shall occur immediately after receiving e-mail notification. Failure to post shall result in a daily assessed fee of five hundred dollars ($500) until necessary signage is posted. Signs shall be posted consistent with Section 3(i) of this Agreement.
vi. Signs for daytime road closures must be removed at night, unless signs are consistent with Section 3(vi).
vii. Roads that may be closed for more than one day must be illuminated and barricaded in accordance with the laws, rules, and regulations of the State of Indiana.
viii. Dust control on gravel roads shall be maintained using commercially reasonable measures such as watering and/or dust palliative.
ix. Highway Department Direct...
Use of Roads. (a) The County hereby grants Developer and its contractors and subcontractors the right to use, improve, upgrade, construct, and repair the Roads pursuant to the terms of this Agreement in the planning, construction, and operations phases of its planned Project to transport parts, facilities, materials, and equipment and to carry out other related activities (collectively, “Developer Road Operations”). Developer Road Operations may include the operation of extremely heavy trucks and transports on the Roads. Notwithstanding the foregoing, Developer and its contractors and subcontractors, when utilizing Heavy Equipment, shall not allow such Heavy Equipment (even when empty) to use any other roads or rights-of-way within the County for Developer Road Operations other than the Roads, or State Highways, except in the case of an emergency where the prohibition on use will put the safety of persons or the property of citizens of the County at risk. Due to supply and other scheduling constraints, some of the construction of the Project will have to take place between January 1 and April 1 (the “Frost Season”). County hereby expressly allows Developer and its contractors and subcontractors to use Heavy Equipment on the Roads during the Frost Season.
(b) Not later than ninety (90) days prior to the commencement of Developer Road Operations with respect to the Project, Developer and the County shall agree upon the Roads to be used by the Developer’s Heavy Equipment and amend Exhibit A to this Agreement to set forth the Roads to be used by the Developer’s Heavy Equipment. If the Project includes more than one phase, then not later than ninety (90) days prior to the commencement of Developer Road Operations with respect to each subsequent phase of the Project, the Developer and the County shall agree upon the Roads to be used by the Developer’s Heavy Equipment and amend Exhibit A to this Agreement to set forth the Roads to be used by Developer’s Heavy Equipment with respect to such phase.
(c) Using such records and maps of County regulated and private open and tile drains, including lateral drains connecting directly thereto, as may be timely provided to Developer by the County, Developer shall, at Developer’s expense, (i) determine which such regulated and private drains, which are known to the Developer or the County, lie under, or within one hundred feet (100') of, any point at which the Developer may conduct any Project construction activity or operate a motor vehi...
Use of Roads. Oil Company and Wind Company each agree that the other may use roads located on or serving as access to the Subject Premises that are constructed or maintained by either Party, to the extent that either Party has the right to grant such right to the other. Each Party agrees to repair all damage caused by its use to any jointly used road, and each of the parties agrees to bear and pay a proportionate share of the cost of maintaining such roads in good condition and to damage caused by that party.
Use of Roads. Grantee shall have the right to use Owner's existing road networks, whether currently existing or subsequently constructed, as are necessary to its exercise of the rights conveyed hereunder. The foregoing grant of rights is subject to any restriction or prohibition contained in any easements, permits or licenses granting Owner the right to utilize such roadways, including but not limited to absolute prohibitions against assignment, if any, hauling fees, traffic regulations, maintenance costs, construction costs, or other restrictions. Grantee in its use of roads, whether currently existing or hereafter constructed by either party, shall comply with all reasonable regulations promulgated by Grantor or Owner. Nothing contained herein shall prohibit Owner from modifying or terminating any easement, license, or permit granting Owner a right to use any road.
Use of Roads. Trucks used for hauling timber from this sale over roads under Forest Service jurisdiction are subject to State and County load, weight, length, height and width limitations. Any exceptions to these limitations are posted by individual road or road segment. Prospective bidders are urged to check out any questions on haul route with the District Ranger before submitting bids.
