Common use of Construction Work Clause in Contracts

Construction Work. 7 The City reserves the right to permit to be laid electric conduits, water and gas 8 pipes and lines, cables, sewers, and to do and permit to be done any underground work 9 that may be deemed necessary or proper by the City or other governmental body having 10 jurisdiction in, across, along, or under any street, alley, public way, easement, place, or 11 other public rights of way. Whenever, by reason of establishing a grade or by reason of 12 changes in the grade of any street, or by reason of the widening, grading, paving, or 13 otherwise improving present or future streets, alleys, or other public rights of way, or in 14 the location or manner of construction of any water pipes, electric conduits, sewers, or 15 other underground structure, it shall be deemed necessary by the City or other 16 governmental body to alter, change, adapt, or conform any portion of the Distribution 17 System of the Company hereto, such alterations, or changes, shall be made by the 18 Company as ordered in writing by the City or other governing body, without claim for 19 reimbursement. If the City shall require the Company to adapt or conform any portion of 20 its Distribution System or in any way to alter, relocate or change its property to enable 21 any other person or entity to use said street, alley, easement, highway or public rights-of- 23 person or entity desiring or occasioning such alteration, relocation or change to reimburse 1 the Company for any loss, cost or expense caused by or arising out of such change, 2 alteration or relocation of any portion of the Company’s facilities. The Company further 3 agrees that it will not intentionally interfere with, change, or injure any water pipes, 4 drains, or sewers of said City unless it has received specific permission from the City or 5 its duly authorized representative.

Construction Work. 7 135 The City Village reserves the right to permit to be laid electric conduits, water and gas 8 pipes 136 and lines, cables, sewers, and to do and permit to be done any underground work 9 that may be 137 deemed necessary or proper by the City or other governmental body having 10 jurisdiction Village in, across, along, or under any street, alley, public way, easement, place, or 11 other public rights of Right-of-way. 138 Whenever, by reason of establishing a grade or by reason of 12 changes in the grade of any streetRight- 139 of-way, or by reason of the widening, grading, paving, or 13 otherwise improving present or future streets, alleys, or other public rights of 140 Rights-of-way, or in 14 the location or manner of construction of any water pipes, electric 141 conduits, sewers, or 15 other underground structurestructure located within the Rights-of-way, it shall be 142 deemed necessary by the City or other 16 governmental body Village to alterremove, change, adaptrelocate, or conform disconnect any portion of the 143 Distribution 17 System of the Company heretohereto for such public purpose, such alterationsremoval, relocation, 144 or changes, disconnection shall be made by the 18 Company as ordered in writing by the City or other governing body, Village without 145 claim for 19 reimbursement. If the City Village shall require the Company to adapt remove, relocate, or conform 146 disconnect any portion of 20 its Distribution System or in any way to alter, relocate alter the placement or change its property 147 location of the Distribution System to enable 21 any other person or entity to use said streetRights-of-way of the 148 Village, alleyas part of its permitting or approval process, easement, highway or public rights-of- 23 the Village shall require the person or entity 149 desiring or occasioning such alterationremoval, relocation relocation, disconnection, or change alteration to reimburse 1 the 150 Company for any loss, cost cost, or expense caused by or arising out of such changeremoval, 2 relocation, 151 disconnection, or alteration or relocation of any portion of the Company’s facilitiesDistribution System. The Company further 3 152 agrees that it will not intentionally interfere with, change, or injure any water pipes, 4 drains, or 153 sewers of said City Village unless it has received specific permission from the City Village or 5 its duly 154 authorized representative.. 155 156 Section 10. FRANCHISE FEE 157 Subject to Section 11 below, within thirty(30) days after the close of the first full billing 158 month following the effective date of this Franchise Agreement, and each month thereafter 159 during the term of this Franchise Agreement, the Company, its successors, or assigns, shall 160 apply to the Village or its successors, a sum of money equal to six percent (6%) of the 161 Company’s Gross Revenue, less any adjustments for uncollectable accounts, from the sale of 162 Natural Gas to Customers within the corporate limits of the Village. The Franchise fee 163 payment shall be deemed paid on time if post-marked within thirty (30) days of the close of 164 the preceding billing month. 165 166 Section 11. IDENTIFICATION OF VILLAGE RESIDENTS 167 168 No less than thirty (30) days prior to the Effective Date, the Village shall deliver to the 169 Company such information (including Village limit streets and block numbers) as is needed 170 by the Company to determine which of its customer are located within the Village limits. The 171 Village shall also provide such information no less than thirty (30) days prior to the 172 effectiveness of any change in said limits, whether by addition, annexation, or consolidation, 173 or upon the Company’s request. The Company shall be relieved of any obligation to pay 174 franchise fees to the extent the Village has failed to provide information in accordance with 175 this Section 11. 176

Construction Work. 7 The City TOWN reserves the right to permit to be laid electric conduits, water and gas 8 pipes and lines, cables, sewers, and to do and permit to be done any underground work 9 that may be deemed necessary or proper by the City TOWN or other governmental body having 10 jurisdiction in, across, along, or under any streetof the public streets, alleyalleys, public waywaterways, easement, place, or 11 easements and other public rights places of waythe TOWN. Whenever, by reason of establishing a grade or by reason of 12 changes in the grade of any street, or by reason of the widening, grading, paving, or 13 otherwise improving present or future public streets, alleys, or waterways, easements and other public rights places of waythe TOWN, or in 14 the location or manner of construction of any water pipes, electric conduits, sewers, or 15 other underground structure, it shall be deemed necessary by the City TOWN or other 16 governmental body to alter, change, adapt, or conform any portion of the Distribution 17 System of the Company hereto, such alterations, or changes, shall be made by the 18 Company as ordered in writing by the City TOWN or other governing body, without claim for 19 reimbursement. The Company shall, to the best extent possible, conform to and comply with the efforts of the Town to maximize the use of the Town property and to minimize the impact of construction projects by merging projects. If the City TOWN shall require the Company to adapt or conform any portion of 20 its Distribution System or in any way to alter, relocate or change its property to enable 21 any other person Person or entity corporation to use said streetpublic streets, alleyalleys, easementwaterways, highway easements and other public places of the TOWN, as part of its permitting or public rights-of- 23 person or entity approval process, the TOWN shall require the Person desiring or occasioning such alteration, relocation or change to reimburse 1 the Company for any loss, cost or expense caused by or arising out of such change, 2 alteration or relocation of any portion of the Company’s 's facilities. The Company further 3 agrees that it will not intentionally interfere with, change, or injure any water pipes, 4 drains, or sewers of said City TOWN unless it has received specific permission from the City TOWN or 5 its duly authorized representative.