Utility Facilities. A. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged.
B. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
C. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work.
D. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.
E. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
F. The right is reserved by the City and its authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of its facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
G. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to xxxx utilities.
Utility Facilities all personal property and real property owned or controlled by the District, including Poles and anchors.
Utility Facilities. The L.L.C. shall have the right to enter into agreements with public and private utility companies. the Band, the State of Utah or any of the state's political subdivisions to provtide utility services necessary for the full development and enjoyment of the Leased Premises in accordance with this Lease. Upon entering into any such agreement, the L.L.C. shall furnish the Band and t' Secretary with executed copies thereof together with a plat or diagram showing the true location the utility lines and facilities to be constructed. The L.L.C. shall be responsible for-contracting for solid waste removal Erom the Facility Site.
Utility Facilities. 12.1 Licensee covenants and agrees (as a specific condition of this Agreement) that Licensee and Licensee's agents, contractors, employees, invitees, and customers will not, under any circumstances whatsoever, touch, handle, tamper with or contact directly or indirectly, any of UTILITY's facilities other than the UTILITY Pole, without the express written consent of UTILITY, which consent UTILITY may withhold in its sole and absolute discretion. Licensee covenants and agrees that UTILITY shall not be held responsible for, and UTILITY is hereby expressly relieved from all liability by reason of injury (including death) or damage of any nature whatsoever to Licensee, or to its agents, contractors, employees, invitees, customers and others who are on the UTILITY Poles under, through or by the authority of Licensee, or to property in, upon or about the UTILITY Poles, except if such liability results from the sole negligence or willful misconduct of UTILITY. Licensee further hereby releases and waives any right to ask for and demand damages of any nature or kind for any matter or thing, however caused. In the event of a casualty or loss which results in the damage or destruction of UTILITY's facilities to which Licensee's Equipment is attached or located, UTILITY shall have no obligation hereunder to rebuild or restore the UTILITY's facilities; provided that if the UTILITY elects not to rebuild or restore UTILITY's facilities, the Permit in question shall immediately terminate. UTILITY reserves the right to make periodic inspections of the entire plant of Licensee located on UTILITY Poles, or a portion of that plant, as often as conditions warrant. If UTILITY determines that corrections or changes need to be made in order to meet the NESC or UTILITY's service or operating requirements, including, but not limited to considerations of economy and safety, Licensee agrees that it will cause such corrections or changes to be made at its own expense, within thirty (30) days, or as mutually agreed. Licensee shall reimburse UTILITY for the cost of any damage to UTILITY Poles or UTILITY facilities caused by Licensee or its contractors within thirty (30) days of receipt of a bill therefor.
Utility Facilities. The Developer reserves the right to approve the necessary construction, installation and maintenance of utility facilities and service lines for, on, over or under the Property or any portion thereof, including but not limited to telephone, cable T.V., electricity, gas, water and sewage systems, which may be in variance with these restrictions.
Utility Facilities. Appropriate certifications from the Architects evidencing that the Premises on which the Project is to be constructed will have adequate water supply, storm and sanitary sewerage facilities, fire protection, means of ingress and egress to and from the Premises and public highways, and other required public utilities.
Utility Facilities. Landlord agrees to cause to be provided and maintained the necessary mains, conduits and other facilities necessary to supply, if applicable, water, electricity, heating, ventilation and air-conditioning, telephone service and sewerage service to the Premises, in accordance with and subject to the provisions of this Article XIV.
Utility Facilities. Landlord warrants that as of the Commencement Date, water, sewer, gas, electricity and telephone and Internet facilities shall be available at and to the Demised Premises.
Utility Facilities. The network of pipes, lines, conduits, wires and other interconnecting facilities within the Center through which heat, air conditioning, water, sewage, storm drainage, telephone, communications, electricity, gas and other utility services utilized by any occupant in the Center are received, transmitted or discharged.
Utility Facilities. Where utility facilities (including infrastructure) such as power lines and pipelines are, in the mutual opinion of the landowner and Rangeland Trust, likely to be constructed through the Easement Area, where existing utility facilities are being relocated, or where such facilities will not significantly impair the conservation values, the Landowner and Rangeland Trust may negotiate both compensation for and location of such facilities in order to avoid or reduce the impacts of such facilities on the Conservation Values. Any compensation shall be shared as provided in Paragraph 29 below and the Rangeland Trust’s portion shall be used exclusively to further conservation either within or without the Easement Area. Renewable power generation facilities, such as solar, wind and hydroelectric, may be constructed within the Easement Area only with the prior written consent of the Rangeland Trust. The consent shall be granted only upon demonstration that such facilities will be properly permitted, located so as to minimize their visibility from the vantage of public roads, and located so as to not impair the Conservation Values. Solar panels for buildings on the Easement Area and located on the roof, or within 100 feet of that building may be constructed without the consent of the Rangeland Trust.
