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WORK BY THE COMPANY Sample Clauses

WORK BY THE COMPANY. The COMPANY shall furnish or cause to be furnished, at the expense of the STATE, and in accordance with the stipulations as contained in the Federal-Aid Policy Guide, 23 C.F.R. §140.900, and supplements, all the labor, materials and work equipment required to perform and complete: (a) All temporary and permanent alterations or relocations of communication and signal wire lines, signals and railroad appurtenances on its right-of-way as may be necessitated by the construction of the PROJECT. (b) Engineering review of the plans, specifications and special provisions for the proposed structure over the railroad and engineering and inspection as set forth in this AGREEMENT. (c) The furnishing of flagman as required for protection of railroad traffic in conjunction with the work to be performed by the STATE or its contractors as set forth in this AGREEMENT. It is estimated that one (1) flagger will be required for approximately 150 days. (d) Incidental work necessary to complete the items hereinabove specified. The estimated cost of COMPANY’s work set forth above is $ as shown on the detailed estimate(s) attached hereto and marked as Exhibit . Per the Alternative Federal-State procedure in 23 CFR § 646.220, the STATE will certify that the work at the job site is complete, acceptable and in accordance with the terms of this AGREEMENT. A representative of the STATE shall be present at the job site during construction to inspect the work and to assure that all work and materials meet the requirements as set forth in the STATE’s “Standard Specifications for Road and Bridge Construction” adopted April 1, 2016, and the “Supplemental Specifications and Recurring Special Provisions” in effect on the date of the invitation for bids. Each PARTY shall give the other PARTY a seventy-two (72) hour notice in advance of commencement of the work set forth in this AGREEMENT.
Sample 1
WORK BY THE COMPANY. The COMPANY shall furnish or cause to be furnished, in accordance with the stipulations as contained in the Federal-Aid Policy Guide, Chapter I, Subchapter B, Part 140, Subpart I, (23 CFR 140 I) and supplements, all the labor, materials and work equipment required to perform and complete: (a) All temporary alterations, relocations and/or removal of communication and signal wire lines, signals and railroad appurtenances on its ROW as may be necessitated by the construction of the new highway underpass structure. (b) Engineering review of the structural plans and calculations for the proposed railroad structure over the roadway as set forth in this AGREEMENT. (c) The installation and later removal of the temporary shoo-fly track within the PROJECT limits as shown in Exhibit 1 (sheets 1 through 5 and sheets 122 through 150) attached hereto and made part of this AGREEMENT by reference. (d) The installation of a 28’ cantilever & a 30’ gate arm (combo gate/cantilever unit) for eastbound direction of temporary US Route14 with existing & shoofly COMPANY tracks, as shown in Exhibits 1 (sheets 4 through 5). (e) The installation of a 28’ cantilever & a 30’ gate arm (combo gate/cantilever unit) for westbound direction of temporary US Route14 with existing & shoofly COMPANY tracks, as shown in Exhibits 1 (sheets 4 through 5). (f) The installation of two pedestrian gates at the proposed sidewalk which will be constructed at the north side of temporary US Route14 as shown in the attached Exhibit 1 (sheets 4 and 5). (g) The installation and later removal of approximately 115’ of crossing surface material where the COMPANY’s shoofly track crosses the temporary US Route 14. This new crossing installation must happen during track/roadway stage-1 as shown in Exhibit 1 (sheet 130). This newly constructed crossing will have to be removed during stage 7. (h) The installation and later removal of approximately 131’ of crossing surface material where the COMPANY’s existing mainline track crosses the temporary US Route 14. This new crossing installation work must take place during track/roadway stage-3 as shown in Exhibit 1 (sheet 130). This newly constructed crossing will have to be removed during stage 8. (i) The performance of all other necessary crossing signal work by COMPANY’s forces as related to the PROJECT. (j) The furnishing and installation of all new ballast, ties, rails, turnouts, signal material, and all other track material necessary to construct COMPANY’s final main...
Sample 1
WORK BY THE COMPANY. The COMPANY shall furnish or cause to be furnished, at the expense of the STATE, and in accordance with the stipulations as contained in the Federal-Aid Policy Guide, 23 C.F.R. §140.900, and supplements, all the labor, materials and work equipment required to perform and complete: (a) All temporary (if necessary) and permanent alterations, relocations and/or removal of communication and signal wire lines, signals and railroad appurtenances on its right-of-way as may be necessitated by the reconstruction of the highway. (b) Reasonable and essential engineering review of the traffic signal / railroad interconnect plans, roadway plans, specifications and special provisions as set forth in this AGREEMENT. (c) Extend the length of the existing crossing surface of all three tracks located on 47th street by adding nine (9) feet of new concrete crossing surface material at the north end of the crossing in order to accommodate the proposed pedestrian path on the north side of 47th street. See Exhibit 1-3 for location of additional crossing proper. (d) The proposed lengthening of the existing crossing proper on 47th street shall commence during stage-1 maintenance of traffic as shown on Exhibit 1-7. The COMPANY shall coordinate its work with the STATE and the STATE’s contractor(s) work schedule. (e) The furnishing and installation of one (1) 36-foot gate west of the crossing, for eastbound traffic on 47th Street. See Exhibit 1-3 for the locations of the proposed railroad equipment. (f) The furnishing and installation of one (1) 35-foot railroad cantilever mast arm with light-emitting diode (LED) flashing light signals west of the crossing, for eastbound traffic on 47th Street. This said proposed cantilever mast arm shall be designed and manufactured to accommodate the installation of 4 sets of overhead railroad LED flashing light signals, and any sign panels and traffic signal heads required as per the traffic signal plans. See Exhibit 1-3 for the location of the proposed railroad equipment. (g) The furnishing and installation of one (1) 29-foot railroad cantilever mast arm/gate combo unit (with a 34-foot gate) with light-emitting diode (LED) flashing light signals east of the crossing, for westbound traffic on 47th Street. This said proposed cantilever mast arm/gate combo unit shall be designed and manufactured to accommodate the installation of 4 sets of overhead railroad LED flashing light signals, and any sign panels and traffic signal heads required as per the ...
Sample 1
WORK BY THE COMPANY. The COMPANY shall furnish or cause to be furnished, at the expense of the STATE, and in accordance with the stipulations as contained in the Federal-Aid Policy Guide, 23 C.F.R. §140.900, and supplements, all the labor, materials and work equipment required to perform and complete: (a) All temporary and permanent alterations or relocations of communication and signal wire lines, signals and railroad appurtenances on its right-of- way as may be necessitated by the construction of the PROJECT. (b) Engineering review of the plans, specifications, and special provisions for the proposed structure over the railroad and engineering and inspection as set forth in this AGREEMENT. (c) The furnishing of flagman as required for protection of railroad traffic in conjunction with the work to be performed by the STATE or its contractors as set forth in this AGREEMENT. It is estimated that one (1) flagger will be required for approximately 360 days. (d) Incidental work necessary to complete the items hereinabove specified. The estimated cost of COMPANY’s work set forth above is $ 199,617.00 , Per the Alternative Federal-State procedure in 23 CFR § 646.220, the STATE will certify that the work at the job site is complete, acceptable and in accordance with the terms of this AGREEMENT. A representative of the STATE shall be present at the job site during construction to inspect the work and to assure that all work and materials meet the requirements as set forth in the STATE’s “Standard Specifications for Road and Bridge Construction” adopted January 1, 2022, and the “Supplemental Specifications and Recurring Special Provisions” in effect on the date of the invitation for bids. Each PARTY shall give the other PARTY a seventy- two (72) hour notice in advance of commencement of the work set forth in this AGREEMENT.
Sample 1

Related to WORK BY THE COMPANY

  • Release by the Company As a material inducement to Xx. Xxxx to enter into this Agreement, the Company, on its own behalf and on behalf of the subsidiaries and affiliated entities which it controls, hereby irrevocably and unconditionally releases, acquits and forever discharges Xx. Xxxx, his personal and legal representatives, executors, administrators, heirs, distributees, devisees and legatees (collectively, the "King Releasees") from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any charges, complaints, claims, liabilities, obligations, controversies and expenses arising out of alleged violations of any contracts, express or implied, or any covenant of good faith and fair dealing, express or implied, which the Company or any of such subsidiaries or affiliated entities now has, owns or holds, or claims to have, own or hold, or which the Company or any of such subsidiaries or affiliated entities at any time heretofore had, owned, or held, or claimed to have, own or hold, against Xx. Xxxx or any other King Releasee relating to the performance of Xx. Xxxx'x duties as an officer or employee of the Company or any of its divisions, subsidiaries or affiliates; provided, however, that the foregoing shall not release Xx. Xxxx or any King Releasee from (1) any obligations under this Agreement or under the Indemnification Agreement, (2) any claims arising after October 18, 1999 or (3) any claims arising out of any conduct by Xx. Xxxx which was knowingly fraudulent or deliberately dishonest or for which Xx. Xxxx would not be entitled to indemnification by the Company under the Indemnification Agreement.

  • Cooperation by the Company If any Shareholder shall transfer any Registrable Securities pursuant to Rule 144, the Company shall cooperate, to the extent commercially reasonable, with such Shareholder and shall provide to such Shareholder such information as such Shareholder shall reasonably request.

  • Actions by the Company Any action, election or determination by the Board or any committee thereof pursuant to or relating to this Agreement will be effective if, and only if, it is taken or made by (or with the prior approval of) a majority of the members of the Board who are not at the time employees of Holdings or any of its Subsidiaries.

  • Acceptance by the Company The Company acknowledges that, by signing this Election or arranging for the scanned signature of an authorised representative to appear on this Election, the Company agrees to be bound by the terms of this Election.

  • Notice by the Company The Company shall give prompt written notice to a Responsible Officer of the Trustee at the Principal Office of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debentures pursuant to the provisions of this Article XV. Notwithstanding the provisions of this Article XV or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debentures pursuant to the provisions of this Article XV, unless and until a Responsible Officer of the Trustee at the Principal Office of the Trustee shall have received written notice thereof from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Article VI of this Indenture, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section at least 2 Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Debenture), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within 2 Business Days prior to such date. The Trustee, subject to the provisions of Article VI of this Indenture, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee or representative on behalf of such holder), to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder or holders. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment or distribution pursuant to this Article XV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XV, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

  • Termination by the Company This Agreement may be terminated and the Mergers may be abandoned at any time prior to the First Effective Time by action of the Board of Directors of the Company if: (a) the Board of Directors of Parent shall have made a Parent Change in Recommendation; provided, however, that the Company will not have the right to terminate this Agreement pursuant to this Section 7.03(a) if the Parent Requisite Vote has been obtained; or (b) there has been a breach of any representation, warranty, covenant or agreement made by Parent or the Merger Subs in this Agreement, or any such representation and warranty shall have become untrue after the date of this Agreement, such that Sections 6.03(a) or 6.03(b) would not be satisfied and such breach or failure to be true is not curable or, if curable, is not cured following written notice to Parent from the Company of such breach or failure by the earlier of (x) the 30th day following such written notice and (y) the Termination Date; provided that the Company shall not have the right to terminate this Agreement pursuant to this Section 7.03 if the Company is then in breach of any of its representations, warranties, covenants or agreements under this Agreement in a manner such that the conditions set forth in Sections 6.02(a) or 6.02(b) would not be satisfied (unless capable of being cured within 30 days). (c) at any time prior to the Company Requisite Vote being obtained, (i) if the Board of Directors of the Company authorizes the Company, to the extent permitted by and subject to complying with the terms of Section 5.02, to enter into an Alternative Company Acquisition Agreement with respect to a Company Superior Proposal that did not result from a material breach of this Agreement, (ii) concurrently with the termination of this Agreement, the Company, subject to complying with the terms of Section 5.02, enters into an Alternative Company Acquisition Agreement providing for a Company Superior Proposal that did not result from a material breach of this Agreement and (iii) prior to or concurrently with such termination, the Company pays to Parent in immediately available funds any fees required to be paid pursuant to Section 7.05(b).

  • Waiver by the Company The Company irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Eligible Subsidiary or any other Person.

  • Indemnity by the Company Subject to the provisions of Section 11.4, the Company shall indemnify any Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that such Person is or was a Member, Officer, director, Managing Member, Hotel Manager, controlling person, employee, legal representative or agent of the Company, or is or was serving at the request of the Company as manager, director, Managing Member, Hotel Manager, officer, partner, member, shareholder, controlling person, employee, legal representative or agent of another limited liability company, partnership, corporation, joint venture, trust or other enterprise (an “Indemnified Person”), from and against any and all claims, actions, suits, proceedings, liabilities, obligations, losses, damages, judgments, fines, penalties, amounts paid in settlement, interest, costs and expenses (including reasonable attorney’s and accountant’s fees, court costs and other out-of-pocket expenses actually and reasonably incurred in investigating, preparing or defending the foregoing) (including any such brought by or in the right of the Company) suffered or incurred by such Indemnified Person while serving in such capacity or that otherwise in any way relate to or arise out of any action or inaction by such Indemnified Person or the Company (collectively, “Indemnifiable Losses”), if such Indemnified Person acted in good faith and in a manner that such Indemnified Person reasonably believed to be in or not opposed to the best interests of the Company and not in violation of this Agreement or outside the scope of such Person’s authority, and, with respect to a criminal action or proceeding, had no reasonable cause to believe such Person’s conduct was unlawful; provided, that the Company shall have no obligation to indemnify or defend hereunder to the extent such action, suit or proceeding arises from fraud, bad faith, willful misconduct or gross negligence on the part of such Indemnified Person.

  • Delivery by the Company At the Closing, the Company shall register the Shares in the name of the Employee. Certificates relating to the Shares shall be held by the Secretary of the Company or his designee on behalf of the Employee.

  • TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certificate for Payment as provided in Paragraph 9.7 of these General Conditions or because the State has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven additional days written notice to the State and the Architect, terminate the Contract and recover from the State payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.

Most Referenced Clauses

Most Referenced Definitions