Access Road. County agrees that PCDC shall have the right, at its cost and expense, to make any improvements, modifications, enhancements or other changes to the access road to the Materials Repository, which access road area is shown on Exhibit “B-1” and the improvements, modifications, enhancements and other changes thereto, as presently contemplated (but which may be further modified as necessary for the operation of the Materials Repository) that are shown on Exhibit B-2 attached hereto (the “Access Road”), subject to (i) the prior written approval by County, which approval shall not be unreasonably withheld, and (ii) PCDC’s compliance with all applicable ordinances, rules and regulations of the County. PCDC shall have the right and responsibility, to undertake any road maintenance or repairs necessary so that all vehicles that use the Access Road will be able to do so on a road which is unobstructed and graded to ensure that driving on the Access Road will not damage those vehicles. The cost of maintenance or repairs performed on the Access Road by PCDC shall be borne by PCDC and shall not be deducted from the Host Fee payable hereunder. At no point shall PCDC improve, modify, enhance, or make any other change to the Access Road that would raise the elevation of the Access Road higher than the elevation of the Access Road on the Effective Date of this Agreement. PCDC shall notify County in writing following any maintenance or repairs on the Access Road performed by PCDC. PCDC shall require any contractor or subcontractor used for the performance of work or excavation work on the Access Road to be properly licensed pursuant to the laws of the state of Missouri and each contractor shall have the same obligations with respect to its work as if the work were performed by PCDC. It is understood that PCDC’s obligation to perform maintenance and repairs on the Access Road, is not abandonment of the Access Road by the County.
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Sources: Host Agreement, Host Agreement