Common use of Construction, Maintenance and Use Clause in Contracts

Construction, Maintenance and Use. Grantee shall construct and maintain the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. Grantee's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Grantee must submit to Authority plans for any proposed improvements on the easement area (“Plans”), and the Plans must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two sets of final for-construction plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around the project site and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial of the Plans by the Authority shall be promptly made to Grantee within 30 Business Days after submittal. Further, Authority shall prepare detailed comments or responses to the Plans in order to direct Grantee on the action needed to have the Plans revised and approved. Within 60 days of the completion of the work depicted on the Plans, Grantee will provide Authority with one set of As-Built or Record Drawings on a standard engineering format (24” x 36” drawings) and in an electronic file format acceptable to the Authority.

Construction, Maintenance and Use. Grantee shall construct and maintain the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. GranteeXxxxxxx's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Grantee must submit to Authority plans for any proposed improvements on the easement area (“Plans”), and the Plans must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two sets of final for-construction plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around the project site and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial of the Plans by the Authority shall be promptly made to Grantee within 30 Business Days after submittal. Further, Authority shall prepare detailed comments or responses to the Plans in order to direct Grantee on the action needed to have the Plans revised and approved. Within 60 days of the completion of the work depicted on the Plans, Grantee will provide Authority with one set of As-Built or Record Drawings on a standard engineering format (24” x 36” drawings) and in an electronic file format acceptable to the Authority.

Construction, Maintenance and Use. Grantee shall construct and maintain as a condition precedent to Xxxxxxx’s right to enter upon the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards Gas Pipeline Easement Area for construction and maintenance purposes must submit to Authority, plans for the initial construction of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. Grantee's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Gas Pipeline; thereafter Grantee must submit to Authority plans for any proposed future modifications and improvements on to the easement area (“Plans”), Gas Pipeline constructed within the boundaries of the Gas Pipeline Easement. The Initial construction plans and plans for future modifications and improvements to the Plans Pipeline must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two (2) sets of final for-construction formal plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around proposed to be installed within the project site boundaries of the Gas Pipeline Easement and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial denial, of the Plans such revised initial construction plans or plans for future modifications and improvements, by the Authority shall be promptly made to Grantee within 30 thirty (30) Business Days after submittalAuthority’s receipt of the of such revised plans or plans. Further, Authority shall prepare detailed comments or responses to the Plans revised initial construction or plans modifications and improvements to the Gas Pipeline in order to direct Grantee on the action needed to have the Plans such plans revised and approved. Within 60 days The final plans for Gas Pipeline as ultimately approved by the Authority are referred to herein as the “Approved Plans”. Prior to the commencement of construction of the completion of the work depicted on the PlansGas Pipeline, Grantee will provide furnish Authority with one set of Asissued- for-Built or Record Drawings on construction drawings for the Gas Pipeline, if different than the Approved Plans. Grantee shall construct and maintain the Gas Pipeline in a standard engineering format (24” x 36” drawings) good and workmanlike manner and in an electronic file format acceptable compliance with all City of Corpus Christi building codes and other applicable governmental and industry standards for construction and maintenance of the same. Grantee shall bore under all rail crossing locations; and at such all such rail crossing locations the Gas Pipeline will be designed with sufficient pipe wall thickness, depth of cover, and/or other protective measures in order to meet Xxxxxx E-80 Railroad Live Load standards. In no event may the Authoritytop of the Gas Pipeline under any rail crossings be less than eleven feet (11’) below bottom of rail. At all other locations, the Gas Pipeline must be buried to a depth such that the top of the Gas Pipeline will be at least four feet (4’) below the surface of the ground. No above ground improvements may be installed in the Gas Pipeline Easement, except for pipeline markers and corrosion test stations which may only be installed adjacent to rail and road crossings. Pipeline markers may be installed at any other location required by law. Grantee shall be responsible for coordination of its construction and use in the Gas Pipeline Easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the Gas Pipeline Easement Area damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense.

Construction, Maintenance and Use. Grantee shall construct and maintain as a condition precedent to Grantee’s right to enter upon the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards Water Pipeline Easement Area for construction and maintenance purposes must submit to Authority, plans for the initial construction of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. Grantee's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Water Pipeline; thereafter Grantee must submit to Authority plans for any proposed future modifications and improvements on to the easement area (“Plans”), Water Pipeline constructed within the boundaries of the Water Pipeline Easement. The Initial construction plans and plans for future modifications and improvements to the Plans Pipeline must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two (2) sets of final for-construction formal plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around proposed to be installed within the project site boundaries of the Water Pipeline Easement and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial denial, of the Plans such revised initial construction plans or plans for future modifications and improvements, by the Authority shall be promptly made to Grantee within 30 thirty (30) Business Days after submittalAuthority’s receipt of the of such revised plans or plans. Further, Authority shall prepare detailed comments or responses to the Plans revised initial construction or plans modifications and improvements to the Water Pipeline in order to direct Grantee on the action needed to have the Plans such plans revised and approved. Within 60 days The final plans for Water Pipeline as ultimately approved by the Authority are referred to herein as the “Approved Plans”. Prior to the commencement of construction of the completion of the work depicted on the PlansWater Pipeline, Grantee will provide furnish Authority with one set of Asissued- for-Built or Record Drawings on construction drawings for the Water Pipeline, if different than the Approved Plans. Grantee shall construct and maintain the Water Pipeline in a standard engineering format (24” x 36” drawings) good and workmanlike manner and in an electronic file format acceptable compliance with all City of Corpus Christi building codes and other applicable governmental and industry standards for construction and maintenance of the same. In the event, Grantee does not construct the Water Pipeline prior to April 1, 2021, then the AuthorityWater Pipeline Easement granted by this Agreement shall terminate and be of no further force and effect. Termination of the Water Pipeline Easement shall not affect the Road Easement or the Gas Pipeline Easement. Grantee shall bore under all rail crossing locations; and at such all such rail crossing locations the Water Pipeline will be designed with sufficient pipe wall thickness, depth of cover, and/or other protective measures in order to meet Xxxxxx E-80 Railroad Live Load standards. In no event may the top of the Water Pipeline under any rail crossings be less than eleven feet (11’) below bottom of rail. At all other locations, the Water Pipeline must be buried to a depth such that the top of the Water Pipeline will be at least four feet (4’) below the surface of the ground. No above ground improvements may be installed in the Water Pipeline Easement, except for pipeline markers and corrosion test stations which may only be installed adjacent to rail and road crossings. Pipeline markers may be installed at any other location required by law. Grantee shall be responsible for coordination of its construction and use in the Water Pipeline Easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the Water Pipeline Easement Area damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense.

Construction, Maintenance and Use. Grantee shall construct and maintain as a condition precedent to Grantee’s right to enter upon the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards Gas Pipeline Easement Area for construction and maintenance purposes must submit to Authority, plans for the initial construction of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. Grantee's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Gas Pipeline; thereafter Grantee must submit to Authority plans for any proposed future modifications and improvements on to the easement area (“Plans”), Gas Pipeline constructed within the boundaries of the Gas Pipeline Easement. The Initial construction plans and plans for future modifications and improvements to the Plans Pipeline must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two (2) sets of final for-construction formal plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around proposed to be installed within the project site boundaries of the Gas Pipeline Easement and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial denial, of the Plans such revised initial construction plans or plans for future modifications and improvements, by the Authority shall be promptly made to Grantee within 30 thirty (30) Business Days after submittalAuthority’s receipt of the of such revised plans or plans. Further, Authority shall prepare detailed comments or responses to the Plans revised initial construction or plans modifications and improvements to the Gas Pipeline in order to direct Grantee on the action needed to have the Plans such plans revised and approved. Within 60 days The final plans for Gas Pipeline as ultimately approved by the Authority are referred to herein as the “Approved Plans”. Prior to the commencement of construction of the completion of the work depicted on the PlansGas Pipeline, Grantee will provide furnish Authority with one set of Asissued- for-Built or Record Drawings on construction drawings for the Gas Pipeline, if different than the Approved Plans. Grantee shall construct and maintain the Gas Pipeline in a standard engineering format (24” x 36” drawings) good and workmanlike manner and in an electronic file format acceptable compliance with all City of Corpus Christi building codes and other applicable governmental and industry standards for construction and maintenance of the same. Grantee shall bore under all rail crossing locations; and at such all such rail crossing locations the Gas Pipeline will be designed with sufficient pipe wall thickness, depth of cover, and/or other protective measures in order to meet Xxxxxx E-80 Railroad Live Load standards. In no event may the Authoritytop of the Gas Pipeline under any rail crossings be less than eleven feet (11’) below bottom of rail. At all other locations, the Gas Pipeline must be buried to a depth such that the top of the Gas Pipeline will be at least four feet (4’) below the surface of the ground. No above ground improvements may be installed in the Gas Pipeline Easement, except for pipeline markers and corrosion test stations which may only be installed adjacent to rail and road crossings. Pipeline markers may be installed at any other location required by law. Grantee shall be responsible for coordination of its construction and use in the Gas Pipeline Easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the Gas Pipeline Easement Area damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense.

Construction, Maintenance and Use. Grantee shall construct and maintain as a condition precedent to Xxxxxxx’s right to enter upon the Distribution Line in a good and workmanlike manner and in compliance with all applicable governmental and industry standards Water Pipeline Easement Area for construction and maintenance purposes must submit to Authority, plans for the initial construction of the same, and in accordance with the Grantor’s current requirements as detailed in the Port of Corpus Christi Authorities current Project Manual. Grantee's use of the Easement herein granted and its operations in relation to it shall at all times comply with all laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the installation of the Distribution Line or any modification thereof an as-built drawing of the location of the Distribution Line and any such modification. Grantee shall be responsible for coordination of its construction and use in the easement area with any other existing users and easement holders near the Easement. Grantee shall promptly restore any portion of the easement area damaged by Grantee to substantially its original condition. All restoration work shall be appropriately tested at Grantee's expense. Water Pipeline; thereafter Grantee must submit to Authority plans for any proposed future modifications and improvements on to the easement area (“Plans”), Water Pipeline constructed within the boundaries of the Water Pipeline Easement. The Initial construction plans and plans for future modifications and improvements to the Plans Pipeline must be approved in writing by the Director of Engineering Services of Authority prior to the commencement of construction of the same, which approval shall not be unreasonably denied, delayed or conditioned. To facilitate the Authority’s review, two (2) sets of final for-construction formal plans that clearly define the project must be submitted to Authority along with electronic files for its prior approval. The drawings must be prepared on a standard engineering format (24” x 36” drawings) and show all physical features and improvements in and around proposed to be installed within the project site boundaries of the Water Pipeline Easement and must be signed and sealed by a Professional Engineer registered in the State of Texas. Any approval, comments or denial denial, of the Plans such revised initial construction plans or plans for future modifications and improvements, by the Authority shall be promptly made to Grantee within 30 thirty (30) Business Days after submittalAuthority’s receipt of the of such revised plans or plans. Further, Authority shall prepare detailed comments or responses to the Plans revised initial construction or plans modifications and improvements to the Water Pipeline in order to direct Grantee on the action needed to have the Plans such plans revised and approved. Within 60 days The final plans for Water Pipeline as ultimately approved by the Authority are referred to herein as the “Approved Plans”. Prior to the commencement of construction of the completion of the work depicted on the PlansWater Pipeline, Grantee will provide furnish Authority with one set of Asissued- for-Built or Record Drawings on construction drawings for the Water Pipeline, if different than the Approved Plans. Grantee shall construct and maintain the Water Pipeline in a standard engineering format (24” x 36” drawings) good and workmanlike manner and in an electronic file format acceptable compliance with all City of Corpus Christi building codes and other applicable governmental and industry standards for construction and maintenance of the same. In the event, Grantee does not construct the Water Pipeline prior to April 1, 2021, then the AuthorityWater Pipeline Easement granted by this Agreement shall terminate and be of no further force and effect. Termination of the Water Pipeline Easement shall not affect the Road Easement or the Gas Pipeline Easement. Grantee shall bore under all rail crossing locations; and at such all such rail crossing locations the Water Pipeline will be designed with sufficient pipe wall thickness, depth of cover, and/or other protective measures in order to meet Xxxxxx E-80 Railroad Live Load standards. In no event may the top of the Water Pipeline under any rail crossings be less than eleven feet (11’) below bottom of rail. At all other locations, the Water Pipeline must be buried to a depth such that the top of the Water Pipeline will be at least four feet (4’) below the surface of the ground. No above ground improvements may be installed in the Water Pipeline Easement, except for pipeline markers and corrosion test stations which may only be installed adjacent to rail and road crossings. Pipeline markers may be installed at any other location required by law. Grantee shall be responsible for coordination of its construction and use in the Water Pipeline Easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the Water Pipeline Easement Area damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense.