Diversionary Works Sample Clauses
Diversionary Works. (Type 1)
14.2.1 The Company may alter the timing or duration of Diversionary Works (Type 1) identified in the Construction Programme (a Type 1 Alteration).
14.2.2 Where a Type 1 Alteration arises as a consequence of any breach, act or omission of the Company (other than as required for compliance with this Agreement, the 1991 Act and/or the Pipeline Agreements), all additional costs arising as a consequence of the Type 1 Alteration shall be borne by the Company. The Contracting Authority shall remain liable for discharging its obligations under Clauses 21.2 and 21.3 in so far as they relate to the relevant Diversionary Works (Type 1).
14.2.3 Where the Company effects or reasonably believes that it will effect a Type 1 Alteration then, as soon as is reasonably practicable, it shall give the Contracting Authority a notice setting out the details of the Type 1 Alteration and shall consult with and provide to the Contracting Authority such supporting evidence as may be requested (including, where applicable, details of any inconsistency it believes exists between the requirements of this Agreement, the 1991 Act and/or the Pipeline Agreements). As soon as is reasonably practicable after issuance of said notice, the Parties shall meet to discuss the consequences of the Type 1 Alteration (or proposed Type 1 Alteration) with a view to mitigating both its impact on the Construction Programme and all costs associated with and arising as a consequence thereof and the Company shall have regard to the views expressed by the Contracting Authority.
Diversionary Works. (a) Without prejudice to Project Co's obligation to comply with the Transferred DCO Functions, where any Diversionary Works are necessary in connection with the Works or Services, Project Co shall notify TfL of the relevant Diversionary Works, including details of the relevant Apparatus, the required works and the relevant Statutory Undertaker for such Apparatus.
(b) Project Co shall be responsible for all costs, planning, coordination, programming, design, implementation, commissioning and all other incidental activities in connection with Diversionary Works, and shall make all payments due to and as may be agreed with Statutory Undertakers in accordance with the NRSWA, the NRSWA Regulations and the procedure referred to in Article 32 (Apparatus and rights of statutory undertakers in stopped up streets), Article 33 (Recovery of costs of new connection) and Schedule 13 (Protective Provisions) of the DCO.
