Common use of Access to Infrastructure Clause in Contracts

Access to Infrastructure. Subject to the following provisions, a Member or any representative of such Member shall be entitled to access and make use of the infrastructure and facilities that form part of the Nevada JV Assets for purposes of developing any Excluded Assets and/or carrying out closure obligations in respect of any Excluded Closure Properties owned by such Member: (a) such Member shall provide the Operating Member with reasonable advance written notice of its desire to access and use such infrastructure and facilities, including a detailed summary of the proposed access and use; (b) such access and use shall not adversely impact Nevada JV or its Operations, as determined by the Operating Member, acting reasonably; (c) such Member or its representatives, as applicable, shall at all times abide by applicable safety procedures of Nevada JV; and (d) any incremental costs incurred by Nevada JV or the Operating Member (including infrastructure or personnel related costs) or losses suffered by Nevada JV or the Operating Member as a result of such access and use shall be borne exclusively by the Member accessing and using the infrastructure and facilities of Nevada JV.