Common use of Utility Company Clause in Contracts

Utility Company. If Contractor is a utility company, be such public or private, the following additional standards shall apply: A. Such utility shall be duly authorized and licensed to conduct business in Elkhart County, Indiana. B. The Installments described in section 1 to be installed, retained, adjusted, or relocated by Contractor on, over, along, or under the county highway/public road afore described, within the right-of-way limits thereof, shall be so placed, located, or accommodated by Contractor so that such will not impair in any fashion the planned or existing roadway, or any bridge or other support structure thereof; will not impede the construction or maintenance of such roadway or other structure; and will not interfere in any fashion with the safe use and operation thereof. Contractor further agrees to comply with the rules, regulations, and rulings of the Commissioners in servicing, maintaining, replacing, and removing the above described improvements or taking the above described actions, and to obtain the appropriate permit before performing any of such functions on any utility facilities, or otherwise addressing such improvements or taking such actions, to the extent located within the highway or bridge right-of-way at issue. C. Contractor agrees to assume all responsibility and liability for making any adjustments to the utility facilities, as may from time to time be requested by the Commissioners, and further agrees to assume the costs thereof, except where Contractor has a compensable property right therein or where reimbursement of such costs is prohibited by law. D. Contractor specifically acknowledges the provisions of Section XI of the Street Standards which are incorporated herein by reference; thus any Installation is subject to removal, relocation, or other alteration at the expense of Contractor per such Street Standards, and fines or other remedies set forth within said Section XI shall specifically apply to the Installation contemplated by this Road Impact Agreement.

Utility Company. If Contractor is a utility company, be such public or private, the following additional standards shall apply: A. Such utility shall be duly authorized and licensed to conduct business in Elkhart County, Indiana. B. The Installments Installation described in section Section 1 to be installed, retained, adjusted, or relocated by Contractor onContractor, overin the proximity of, alongunderground of, or under above ground of the county highway/public road Town corridor afore described, within the right-of-way limits thereof, shall be so placed, located, or accommodated by Contractor so that such will not impair in any fashion the planned or existing roadwaycorridor, or any bridge or other support structure thereof; will not impede the construction or maintenance of such roadway corridor or other structure; and will not interfere in any fashion with the safe use and operation thereof. Contractor further agrees to comply with the rules, regulations, and rulings of the Commissioners Town in servicing, maintaining, replacing, and removing the above above-described improvements or taking the above above-described actions, and to obtain the appropriate permit before performing any of such functions on any utility facilities, or otherwise addressing such improvements or taking such actions, to the extent located within the highway or bridge right-of-way at issue. C. Contractor agrees to assume all responsibility and liability for making any adjustments to the utility facilities, as may from time to time be requested by the CommissionersTown, and further agrees to assume the costs thereof, except where Contractor has a compensable property right therein or where reimbursement of such costs is prohibited by law. D. Contractor specifically acknowledges the provisions of Section XI of the Street Standards which are incorporated herein by reference; thus any Installation is subject to removal, relocation, or other alteration at the expense of Contractor per such Street Standards, and fines or other remedies set forth within said Section XI shall specifically apply to the Installation contemplated by this Road Impact Agreement.