Work by the City Clause Samples

Work by the City. 11.1 The City reserves the right to undertake or award contracts for the performance of the same or similar type work as contemplated herein, and to do so will not breach or otherwise violate the Agreement.

Work by the City. (1) The CITY shall construct and maintain the bike/pedestrian facilities related to the Crossing; (2) The CITY will place and maintain at and near the Crossing railroad advance warning signs and pavement markings in accordance with the current edition of the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways.

Work by the City. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby, except to the extent such Damages result from the gross negligence or willful misconduct of the City, its officers, agents, servants, employees, or subcontractors: (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company, at Company’s sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as far in advance as practicable prior to taking such action so that Company may advise and work with the City with respect to such action.

Work by the City. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man- made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks, and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Wireless Infrastructure, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for (A) any Damages, as defined in Section 7.1, that may occur to the Wireless Infrastructure or that Company may otherwise incur as a result of such a response and (B) any damages (including, but not limited to, lost revenue or profits) that may be incurred by the Company as a result of such a response, and (ii) agrees that Company, at Company’s sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Wireless Infrastructure that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state, and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Wireless Infrastructure, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action.

Work by the City. 14.1 Where the City must perform work that otherwise is the responsibility of the Micromobility Service Provider under this Agreement, the cost of the work may be recovered at the City's discretion and the City shall invoice the Micromobility Service Provider for the same. 14.2 The Micromobility Service Provider shall pay the invoices sent pursuant to subsection 14.1 within 30 days of receipt.

Work by the City. Work by or on Behalf of Company. In the event of an emergency directly that involves that portion of the Pipeline located in the Public Rights-of-Way and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the director of the City's Department of Transportation/Public Works and otherwise fully comply with the requirements of this Agreement.