Common use of Work Generally Clause in Contracts

Work Generally. 4.1 Notwithstanding and without limiting any other term hereof, the Proponent agrees and undertakes that it will perform the Work at its own expense in accordance with and compliance with good engineering practices, any applicable industry standards, any applicable Plans or Permits approved by the County, this Agreement and Applicable Law. The Proponent shall ensure that its contractors have proper identification visible on the Work site that displays the name of the person for whom they work. 4.2 Notwithstanding and without limiting any other term hereof, the Parties acknowledge that the Work from time to time may require Traffic Effects. The Proponent agrees to: (a) give five (5) days’ notice of anticipated Traffic Effects to the County and affected residents and to coordinate with the County and local emergency services to minimize and mitigate any adverse impacts of the Traffic Effects and to ensure public safety; and (b) use commercially reasonable efforts to maintain adequate public access to and use of the Road Allowances while Work is in progress and to remove the Traffic Effects as soon as reasonably possible following the completion of the Work. 4.3 Following the completion of any Work, the Proponent shall leave the Road Allowances in a neat, clean and safe condition and free from nuisance, to the extent they were in before the Work was undertaken, all to the satisfaction of the County acting reasonably. Where it is necessary to break, remove, or otherwise xxxxxx the existing surface of any of the Road Allowances or any other municipal lands to undertake any Work, the Proponent shall in all cases repair, reinstate and restore such surface to the same condition that existed prior to the commencement of such Work. 4.4 The Proponent shall be responsible at all times for the repair, to the satisfaction of the County acting reasonably, of any damage to the travelled portion of Road Allowances caused by the Proponents’ use. Any repairs undertaken shall restore the road surface to the same condition that existed immediately prior to the Proponent’s use of the Road Allowances as provided in this Agreement. The Proponent shall, provided that the weather and weather-related conditions permit, complete these repairs within thirty (30) days of being notified by the County of the need for such repairs or within a shorter timeframe as specified by the County if the damage to the travelled portion of the road poses an immediate threat to safety in the sole opinion of the County. The Proponent shall be deemed to be released of all of its obligations pursuant to Section 4.3 and this Section 4.4 on the date which is fifteen (15) months following the Commercial Operation Date, save and except for any specific tasks or obligations of which the County, acting reasonably, has provided specific written notice to the Proponent prior to such date. 4.5 The Proponent agrees to make commercially reasonable efforts to rely on the County road maintenance staff where appropriate and when available, and the Proponent agrees to reimburse the County for the reasonable costs of any such work conducted by the County staff, including the County staff and supervisory time, materials and contracted services, provided that the Proponent, acting reasonably, shall have pre-approved in writing the quantum of any such costs prior to the performance of such work by the County unless the work is of an emergency nature and the Proponent cannot reasonably be expected to attend and repair immediately, then the County agrees to conduct the necessary work to eliminate the imminent threat to the travelled road and the Proponent agrees to reimburse the County for the reasonable costs of the emergency work. 4.6 The Parties agree to provide each other with a list of twenty-four (24) hour emergency contact personnel, which shall be kept current, and to cooperate with each other and with local emergency services and Hydro One Networks Inc. to develop and adopt protocols applicable in the event of an Emergency involving the Electrical Infrastructure or the Work. 4.7 Notwithstanding any other provision of this Agreement, in the event of any Emergency involving the Work or Electrical Infrastructure, the Proponent shall notify the local emergency services immediately upon becoming aware of the situation and shall do all that is necessary and desirable to control the Emergency, including such Work in and to the Electrical Infrastructure or the Road Allowances as may be required. The Proponent shall be responsible for any Work in respect of the Electrical Infrastructure associated with such Emergencies howsoever caused, without prejudice to its right to claim indemnity from the County or from any third party for costs and expenses incurred in connection therewith by reason of the fault or negligence of the County or any third party, as the case may be. 4.8 Notwithstanding the foregoing, the Proponent shall not be required to carry out and shall not be responsible for any costs associated with any maintenance, repairs or restoration of the Road Allowances other than as set out in this Agreement.

Work Generally. 4.1 Notwithstanding and without limiting any other term hereof, the Proponent Biidaaske agrees and undertakes that it will perform the Work at its own expense in accordance with the locations set forth in Schedule "A" attached hereto and the Plans submitted by Biidaaske and approved by the Municipality pursuant to Section 5 of this Agreement, as may be amended from time to time, and in compliance with good engineering practices, any applicable industry standards, any applicable Plans or Permits approved by the County, this Agreement and Applicable Law. The Proponent shall ensure that its contractors have proper identification visible on the Work site that displays the name of the person for whom they work. 4.2 Biidaaske agrees that all work carried out by Biidaaske or its agents under this Agreement shall be carried out expeditiously in a good and workmanlike manner, in accordance with good engineering and trade practice and so as to cause a minimum of nuisance or disruption to any other person. Biidaaske shall take all necessary and reasonable precautions to minimize dust, noise or traffic disturbances. 4.3 Notwithstanding and without limiting any other term hereof, the Parties acknowledge that the Work from time to time may require the temporary modification of traffic patterns or the imposition of temporary restrictions on public access to or use of the City Property and Road Allowances ("Traffic Effects"). The Proponent Biidaaske agrees to: (a) give five (5) business days’ ' notice of anticipated Traffic Effects to the County and affected residents Municipality and to coordinate with the County Municipality and local emergency services to minimize and mitigate any adverse impacts of the Traffic Effects and to ensure public safety; and (b) use commercially reasonable efforts to the satisfaction of the Municipality, acting reasonably, maintain adequate public access to and use of the City Property and Road Allowances while Work is in progress and to remove the Traffic Effects as soon as reasonably possible following the completion of the Work; (c) obtain consent from the Municipality (which consent shall not reasonably be withheld) in advance of undertaking any Work pursuant to this paragraph. 4.3 Following 4.4 Biidaaske further agrees that, in the completion of any Work, the Proponent shall leave the Road Allowances in a neat, clean and safe condition and free from nuisance, to the extent they were in before the Work was undertaken, all to the satisfaction of the County acting reasonably. Where event that it is becomes necessary to break, remove, or otherwise xxxxxx the existing surface of any of the Road Allowances or any other municipal lands to undertake any Work, or in the Proponent shall event that Biidaaske's use of the City Property and Road Allowances in connection with any Work causes any damage to the City Property and Road Allowances, reasonable wear and tear excepted, Biidaaske will in all cases repair, reinstate and restore such surface the City Property and Road Allowances forthwith to the same or better condition that which existed prior to the commencement of such Work. 4.4 The Proponent Work to the satisfaction of the Municipality, acting reasonably. Further thereto, Biidaaske also agrees that it shall be responsible at all times thereafter, for a period of eighteen (18) months following completion of the repair, reinstatement and restoration of the Road Allowance, monitor that portion of such restored City Property and Road Allowances, at the sole expense of Biidaaske, and repair any settling thereof caused by the Work, to the satisfaction of the County Municipality, acting reasonably. In the event that Biidaaske shall fail to repair, of any damage reinstate and restore such City Property and Road Allowances, and fails to the travelled portion of Road Allowances caused by the Proponents’ use. Any repairs undertaken shall restore the road surface to the same condition that existed immediately prior to the Proponent’s use of the Road Allowances as provided in this Agreement. The Proponent shall, provided that the weather and weather-related conditions permit, complete these repairs undertake such work within thirty ninety (3090) days of being notified by written notice of such failure from the County Municipality, then in such case, the Municipality may undertake the same and charge the reasonable costs thereof to Biidaaske or draw upon the security provided in accordance with Section 3.7 or 3.8 of this Agreement for the need for such purpose of making repairs. 4.5 If repairs or within a shorter timeframe as specified by the County if the damage are made to the travelled portion of Road Allowance as required by Section 4.4, in addition to the road poses an immediate threat to safety in post- Work inspection required immediately after the sole opinion of the County. The Proponent Work by section 3.4, Biidaaske shall be deemed to be released of all of its obligations pursuant to Section 4.3 and this Section 4.4 on the at a date which is fifteen no earlier than twelve (1512) months following the Commercial Operation Date, save and except for any specific tasks or obligations repair ensure that a second post-Work inspection is carried out in accordance with section 3.4 of which the County, acting reasonably, has provided specific written notice to the Proponent prior to such date. 4.5 The Proponent agrees to make commercially reasonable efforts to rely on the County road maintenance staff where appropriate and when available, and the Proponent agrees to reimburse the County for the reasonable costs of any such work conducted by the County staff, including the County staff and supervisory time, materials and contracted services, provided that the Proponent, acting reasonably, shall have pre-approved in writing the quantum of any such costs prior to the performance of such work by the County unless the work is of an emergency nature and the Proponent cannot reasonably be expected to attend and repair immediately, then the County agrees to conduct the necessary work to eliminate the imminent threat to the travelled road and the Proponent agrees to reimburse the County for the reasonable costs of the emergency workthis Agreement. 4.6 The Parties agree to provide each other with a list of twenty-four (24) hour emergency contact personnel, which shall be kept current, and to cooperate with each other and with local emergency services and Hydro One Networks Inc. other local utilities to develop and adopt protocols applicable in the event of an Emergency emergency involving the Electrical Infrastructure or the Work prior to the commencement of any Installation Work. 4.7 Notwithstanding any other provision of this Agreement, in the event of any Emergency emergency involving the Work or Electrical Infrastructure, the Proponent Biidaaske shall notify the local emergency services immediately upon becoming aware of the situation and shall do all that is necessary and desirable to control the Emergencyemergency, including such Work work in and to the Electrical Infrastructure or the City Property and Road Allowances as may be requiredrequired for such purpose. The Proponent For the purposes of this provision, "emergency" shall mean a sudden unexpected occasion or combination of events necessitating immediate action. As soon as practical after the emergency is discovered, Biidaaske shall advise the Municipality by telephone and keep the Municipality advised through the emergency. If it becomes necessary for Biidaaske to exercise its emergency powers under this paragraph, Biidaaske shall forthwith make a written report to the Municipality of what work was done and the further work to be responsible for any Work in respect undertaken, if any, and seek the approval of the Electrical Infrastructure associated with such Emergencies howsoever caused, without prejudice to its right to claim indemnity from Municipality for the County or from any third party for costs and expenses incurred in connection therewith by reason of the fault or negligence of the County or any third party, as the case may befurther work. 4.8 Notwithstanding the foregoing, the Proponent Biidaaske shall not be required to carry out and shall not be responsible for any costs associated with any maintenance, repairs or restoration of the any City Property and Road Allowances or other property owned or controlled by the Municipality, other than as set out those City Property and Road Allowances identified in Schedule "A" of this Agreement, with the exception of those City properties subject to other agreements with Biidaaske or its affilitates. 4.9 The Company shall conform and shall be responsible for the conformance by its officers, employees, agents, contractors and invitees to all health and safety laws, including any regulations requiring installation of safety devices or appliances, and any applicable traffic laws or regulations (collectively “Safety Rules”). The City may, on twenty-four (24) hours written notice to the Company, or sooner if in the opinion of the City the likelihood of harm to persons is imminent, suspend Work performed by or on behalf of the Company on that portion of the Equipment located in, on, under, along or across Service Corridors where there appears to be a lack of compliance with the Safety Rules or because conditions of danger exist that would likely result in injury to any person. Such suspension shall continue until the lack of compliance or the danger is eliminated.

Work Generally. 4.1 Notwithstanding and without limiting any other term hereof, the Proponent agrees and undertakes that it will perform the Work at its own expense in accordance with and compliance with good engineering practices, any applicable industry standards, any applicable Plans or Permits approved by the County, this Agreement and Applicable Law. The Proponent shall ensure that its contractors have proper identification visible on the Work site that displays the name of the person for whom they work. 4.2 Notwithstanding and without limiting any other term hereof, the Parties acknowledge that the Work from time to time may require Traffic Effects. The Proponent agrees to: (a) give five (5) days’ notice of anticipated Traffic Effects to the County and affected residents and to coordinate with the County and local emergency services to minimize and mitigate any adverse impacts of the Traffic Effects and to ensure public safety; and (b) use commercially reasonable efforts to maintain adequate public access to and use of the Road Allowances while Work is in progress and to remove the Traffic Effects as soon as reasonably possible following the completion of the Work. 4.3 Following the completion of any Work, the Proponent shall leave the Road Allowances in a neat, clean and safe condition and free from nuisance, to the extent they were in before the Work was undertaken, all to the satisfaction of the County acting reasonably. Where it is necessary to break, remove, or otherwise xxxxxx the existing surface of any of the Road Allowances or any other municipal lands to undertake any Work, the Proponent shall in all cases repair, reinstate and restore such surface to the same condition than that which existed prior to the commencement of such Work. 4.4 The Proponent shall be responsible at all times for the repair, to the satisfaction of the County acting reasonably, of any damage to the travelled portion of Road Allowances caused by the Proponents’ use. Any repairs undertaken shall restore the road surface to the same condition than that which existed immediately prior to the Proponent’s use of the Road Allowances as provided in this Agreement. The Proponent shall, provided that the weather and weather-related conditions permit, complete these repairs within thirty (30) days of being notified by the County of the need for such repairs or within a shorter timeframe as specified by the County if the damage to the travelled portion of the road poses an immediate threat to safety in the sole opinion of the County. The Proponent shall be deemed to be released of all of its obligations pursuant to Section 4.3 and this Section 4.4 on the date which is fifteen (15) months following the Commercial Operation Datecompletion of these repairs, save and except for any specific tasks or obligations of which the County, acting reasonably, has provided specific written notice to the Proponent prior to such date. 4.5 The Proponent agrees to make commercially reasonable efforts to rely on the County road maintenance staff where appropriate and when available, and the Proponent agrees to reimburse the County for the reasonable costs of any such work conducted by the County staff, including the County staff and supervisory time, materials and contracted services, provided that the Proponent, acting reasonably, shall have pre-approved in writing the quantum of any such costs prior to the performance of such work by the County unless the work is of an emergency nature and the Proponent cannot reasonably be expected to attend and repair immediately, then the County agrees to conduct the necessary work to eliminate the imminent threat to the travelled road and the Proponent agrees to reimburse the County for the reasonable costs of the emergency work. 4.6 The Parties agree to provide each other with a list of twenty-four (24) hour emergency contact personnel, which shall be kept current, and to cooperate with each other and with local emergency services and Hydro One Networks Inc. to develop and adopt protocols applicable in the event of an Emergency involving the Electrical Infrastructure or the Work. 4.7 Notwithstanding any other provision of this Agreement, in the event of any Emergency involving the Work or Electrical Infrastructure, the Proponent shall notify the local emergency services immediately upon becoming aware of the situation and shall do all that is necessary and desirable to control the Emergency, including such Work in and to the Electrical Infrastructure or the Road Allowances as may be required. The Proponent shall be responsible for any Work in respect of the Electrical Infrastructure associated with such Emergencies howsoever caused, without prejudice to its right to claim indemnity from the County or from any third party for costs and expenses incurred in connection therewith by reason of the fault or negligence of the County or any third party, as the case may be. 4.8 Notwithstanding the foregoing, the Proponent shall not be required to carry out and shall not be responsible for any costs associated with any maintenance, repairs or restoration of the Road Allowances other than as set out in this Agreement.

Work Generally. 4.1 Notwithstanding and without limiting any other term hereof, the Proponent agrees and undertakes that it will perform the Work at its own expense in accordance with and compliance with good engineering practices, any applicable industry standards, any applicable Plans or Permits approved by the County, this Agreement and Applicable Law. The Proponent shall ensure that its contractors have proper identification visible on the Work site that displays the name of the person for whom they work. 4.2 The Proponent further agrees to use commercially reasonable efforts to undertake and complete all Work so as to avoid unnecessary adverse impacts on public use of the Road Allowances. 4.3 Notwithstanding and without limiting any other term hereof, the Parties acknowledge that the Work from time to time may require Traffic Effects. The Proponent agrees to: (a) give a minimum of five (5) days’ ' notice of anticipated Traffic Effects to the County and affected residents and to coordinate with the County and local emergency services to minimize and mitigate any adverse impacts of the Traffic Effects and to ensure public safety; (b) prepare and submit to the County a traffic control plan and ensure that all traffic control is in compliance with the latest version of the Ontario Traffic Manual – Book 7 – Temporary Conditions; and (bc) use commercially all reasonable efforts to maintain adequate public access to and use of the Road Allowances while Work is in progress and to remove the Traffic Effects as soon as reasonably possible following the completion of the Work. 4.3 Following the completion of any Work, the Proponent shall leave the Road Allowances in a neat, clean and safe condition and free from nuisance, to the extent they were in before the Work was undertaken, all to the satisfaction of the County acting reasonably. Where it is necessary to break, remove, or otherwise xxxxxx the existing surface of any of the Road Allowances or any other municipal lands to undertake any Work, the Proponent shall in all cases repair, reinstate and restore such surface to the same condition that existed prior to the commencement of such Work. 4.4 The Proponent shall be responsible at all times for the repair, to the satisfaction of the County acting reasonably, of any damage to the travelled any portion of Road Allowances caused by the Proponents’ Proponent's use. Any repairs undertaken shall restore the road surface a l l o w a n c e s to the same or better condition than that which existed immediately prior to the Proponent’s 's use of the Road Allowances as provided in this Agreement. The Proponent shall, provided that the weather and weather-related conditions permit, complete these repairs within thirty (30) days of being notified by the County of the need for such repairs or within a shorter timeframe as specified by the County if the damage to the travelled portion of the road poses an immediate threat to safety in the sole opinion of the County. The Proponent shall be deemed to be released of all of its obligations pursuant to Section 4.3 and this Section 4.4 on the date which is fifteen t h e l a t e r o f : (15a) twenty-four (24) months following a f t e r the Commercial Operation Date, save and except for any specific tasks or obligations of which the County, acting reasonably, has provided specific written notice to the Proponent prior to such date; or (b) the date which is twelve (12) months after all Repair Work has been completed pursuant to this agreement, save and except for any specific tasks or obligations of which the County, acting reasonably, has provided specific written notice to the Proponent prior to such date. 4.5 The Proponent agrees to make commercially all reasonable efforts to rely on the County road maintenance staff where appropriate and when availableto implement measures to mitigate the Traffic Effects pursuant to Section 4.3 of this Agreement, and the Proponent agrees to reimburse the County for the reasonable costs of any such work conducted by the County staff, including the County staff and supervisory time, materials and contracted services, provided that the Proponent, acting reasonably, shall have pre-approved in writing the quantum of any such costs prior to the performance of such work by the County unless the work is of an emergency nature and the Proponent cannot reasonably be expected to attend and repair immediately, then the County agrees to conduct the necessary work to eliminate the imminent threat to the travelled road and the Proponent agrees to reimburse the County for the reasonable costs of the emergency workCounty. 4.6 The Parties agree to provide each other with a list of twenty-four (24) hour emergency contact personnel, which shall be kept current, and to cooperate with each other and with local emergency services services, Ontario Power Generation (Lennox) and Hydro One Networks Inc. to develop and adopt protocols applicable in the event of an Emergency involving the Electrical Infrastructure or the Work. 4.7 Notwithstanding any other provision of this Agreement, in the event of any Emergency involving the Work or Electrical InfrastructureWork, the Proponent shall notify the local emergency services immediately upon becoming aware of the situation and shall do all that is necessary and desirable to control the Emergency, including such Work in and to the Electrical Infrastructure or the Road Allowances Emergency as may be required. The Proponent shall be responsible for any Work in respect of the Electrical Infrastructure associated with such Emergencies howsoever caused, without prejudice to its right to claim indemnity from the County or from any third party for costs and expenses incurred in connection therewith by reason of the fault or negligence of the County or any third party, as the case may be. 4.8 Notwithstanding the foregoing, the Proponent shall not be required to carry out and shall not be responsible for any costs associated with any maintenance, repairs or restoration of the Road Allowances other than as set out in this Agreement.