Common use of Electrical Work Clause in Contracts

Electrical Work. 6.1 If buried Electrical Infrastructure routes need to cross the travelled surface of the Municipality's roads, such crossings shall be constructed by boring underneath the roads instead of breaking open the surface of the roads, provided that Biidaaske shall be entitled to utilize alternate construction methods for Electrical Work located between the roadside drainage ditch and the boundary of the Road Allowance of such City Property and Road Allowances, including without limitation utility plowing for buried cables. If buried Electrical Infrastructure routes need to cross the travelled surface of a road in a location where a boring is not possible for technical, right-of-way or environmental reasons, Biidaaske shall seek the permission of the Municipality with respect to installing the Electrical Infrastructure through an open cut. The Municipality agrees that it shall not unreasonably refuse to approve an open cut installation for such road crossings if required by local conditions. Biidaaske further agrees that all reasonable efforts will be made to install the Electrical Infrastructure, to the satisfaction of the Municipality: (a) in a defined corridor between the roadside drainage ditch and the boundary of the Road Allowance unless otherwise approved by the Municipality, such approval not to be unreasonably withheld; (b) at appropriate depths and/or elevations within the relevant Road Allowance so as to avoid conflicts with other existing infrastructure, to the satisfaction of the Municipality, acting reasonably; and (c) in consistent locations within the City Property and Road Allowances such that the number of road crossings is minimized, to the satisfaction of the Municipality, acting reasonably. 6.2 Biidaaske acknowledges and agrees that its rights under this Agreement to install Electrical Infrastructure over, along, across, within or under the City Property and Road Allowances are subject to the following rights: (a) the right of free use of the City Property and Road Allowances by all persons or parties otherwise entitled to such use; (b) the rights of the owners of the property adjoining any relevant Road Allowance to full access to and egress from their property and adjacent rights-of-way, highways, streets or walkways and the consequential right of such persons or parties to construct crossings and approaches from their property to any such right-of-way, highway, street, or walkway, subject to any necessary approvals from Public Authorities; and (c) the rights and privileges that the Municipality may have previously granted to any other person or party to such Road Allowance or lands. 6.3 Biidaaske agrees at its sole expense to: (a) ▇▇▇▇ the location of Electrical Infrastructure installed by Biidaaske within the City Property and Road Allowances with appropriate markings to the satisfaction of the Ontario Electrical Code and t he Municipality, acting reasonably; (b) participate in the "One Call" system to facilitate ongoing notice to the public of the location of the Electrical Infrastructure; and any future centralized utility location notification procedures of the Municipality with the Municipality and other Service Providers; (c) participate in utility coordinating meetings as may be requested by the Municipality; (d) upon request of the Municipality through its officials or authorized agents, or otherwise, properly and accurately identify the location of any Electrical Infrastructure within the Municipality, such reports to identify the depth of the relevant portion of the Electrical Infrastructure, such request to be made in writing to Biidaaske with advance notice of ten (10) business days prior to the Municipality or a third party commencing work that may conflict with the Electrical Infrastructure. 6.4 The Parties agree and acknowledge that Biidaaske shall be entitled to relocate installed Electrical Infrastructure or Entrances on its own initiative by complying with the terms of this Agreement respecting Alteration Work. 6.5 In the event that the Municipality, acting reasonably and with diligence, deems it necessary that installed Electrical Infrastructure be modified or relocated (the "Relocation"), then provided that the Municipality offers or otherwise confirms its agreement to a reasonable alternate location or locations within which Biidaaske may install such Electrical Infrastructure and each such location is reasonably proximate to the original location of the Electrical Infrastructure, the required Alteration Work and/or Installation Work shall be conducted by Biidaaske, within a reasonable period of time (but in any event not less than one hundred eighty (180) days), in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and subject to Sections 6.7 and 6.8, the Municipality shall reimburse Biidaaske the full cost (100%) of such Work if the request is made by the Municipality within the initial five (5) years after the date that the Municipality has approved the applicable Plan pursuant to Section 5, and one-half (50%) of the costs of such Work for the remainder of the term of this Agreement. 6.6 In the event that the Relocation is required by ▇▇▇▇ Sound’s Director of Public Works and Engineering to deal with a drainage problem caused by Biidaaske or its agents or contractors the full cost (100%) of such Work shall be borne by Biidaaske. 6.7 In the event that the Municipality, acting reasonably and with diligence, deems it necessary that installed Electrical Infrastructure or Entrances be modified or relocated as a result of work or uses undertaken or proposed by any third party ("Third Party Work"), the required Alteration Work and/or Installation Work shall be conducted by Biidaaske in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and the full cost (100%) of such Work shall be borne solely by the third party. Notwithstanding the foregoing, the Municipality agrees that it will not permit such Third Party Work, without the approval of Biidaaske, if such Third Party Work would adversely affect the Work, the Solar Project or the exercise of Biidaaske's rights under this Agreement. The Municipality agrees to give the Biidaaske ninety (90) days' notice of the need for any such Third Party Work and to require that the relevant third party or parties bear the full cost (100%) of the Alteration Work and/or Installation Work and indemnify the Biidaaske against all claims and liabilities arising from the required Alteration Work and/or Installation Work as a condition precedent to any grant, permit or approval from the Municipality for the Third Party Work.

Electrical Work. 6.1 If buried The Proponent is currently planning to install Electrical Infrastructure routes need below-grade within the Road Allowances identified in Schedule “A” and the County agrees that such Road Allowances shall be available for Electrical Infrastructure, subject to cross the travelled surface County’s approval of specific Plans as provided in Section 5. 6.2 The Parties acknowledge and agree that the Proponent, when undertaking the Electrical Work, will install Electrical Infrastructure below-grade within the Road Allowances except where the Proponent in consultation with the County identifies environmental, topographical or other features, obstacles, or circumstances that, in the opinion of the Municipality's roadsProponent acting reasonably, require the installation of poles or other above-grade Electrical Infrastructure to permit the transmission of electricity over, around or across such crossings shall be constructed feature or obstacle. Any Plans submitted by boring underneath the roads instead of breaking open the surface of the roads, provided that Biidaaske shall be entitled to utilize alternate construction methods for Proponent in connection with Electrical Work located between shall identify the roadside drainage ditch and locations in which the boundary of the Road Allowance of such City Property and Road Allowances, including without limitation utility plowing for buried cables. If buried Proponent proposes to install above-grade Electrical Infrastructure routes need to cross and shall set out the travelled surface of a road in a location where a boring is not possible for technical, right-of-way or environmental reasons, Biidaaske shall seek the permission of the Municipality with respect to installing the Electrical Infrastructure through an open cut. reasons therefor. 6.3 The Municipality agrees that it shall not unreasonably refuse to approve an open cut installation for such road crossings if required by local conditions. Biidaaske Proponent further agrees that all to make commercially reasonable efforts will be made to install the Electrical Infrastructure, to the satisfaction of the Municipality: (a) in a defined corridor appropriate locations between the roadside drainage ditch outer limit of the travelled portion of the relevant Road Allowance and the boundary property line of the Road Allowance unless otherwise approved by the Municipality, such approval not to be unreasonably withheldAllowance; (b) at appropriate depths and/or elevations within the relevant Road Allowance so as to avoid conflicts with other existing infrastructure, to the satisfaction of the Municipality, acting reasonably; and (c) in consistent locations within the City Property and Road Allowances such that the number of road crossings is minimized, to the satisfaction of the Municipality, acting reasonably. 6.2 Biidaaske acknowledges and agrees that its rights under this Agreement to install Electrical Infrastructure over, along, across, within or under the City Property and Road Allowances are subject to the following rights: (a) the right of free use of the City Property and Road Allowances by all persons or parties otherwise entitled to such use; (b) the rights of the owners of the property adjoining any relevant Road Allowance to full access to and egress from their property and adjacent rights-of-way, highways, streets or walkways and the consequential right of such persons or parties to construct crossings and approaches from their property to any such right-of-way, highway, street, or walkway, subject to any necessary approvals from Public Authorities; and (c) the rights and privileges that the Municipality may have previously granted to any other person or party to such Road Allowance or lands. 6.3 Biidaaske 6.4 The Proponent agrees at its sole expense to: (a) ▇▇▇▇ mark the location of Electrical Infrastructure installed by Biidaaske the Proponent within the City Property and Road Allowances with appropriate markings to the satisfaction of the Ontario Electrical Code and t he Municipality, acting reasonablymarkings; (b) participate in the "“Ontario One Call" ” system to facilitate ongoing notice to the public of the location of the Electrical Infrastructure; and any future centralized utility location notification procedures of the Municipality with the Municipality and other Service Providers;and (c) participate in utility coordinating meetings as may be requested by the Municipality; (d) upon request of the Municipality County through its officials or authorized agents, or otherwise, properly and accurately identify the location of any Electrical Infrastructure within the MunicipalityRoad Allowance, such reports to identify the depth of the relevant portion of the Electrical Infrastructure, such request to be made in writing to Biidaaske the Proponent with advance notice of ten fifteen (1015) business days prior to the Municipality County or a third party commencing work that may conflict with the Electrical Infrastructure. 6.4 6.5 The Parties agree and acknowledge that Biidaaske the Proponent shall from time to time be entitled to relocate installed Electrical Infrastructure or Entrances on its own initiative by complying with the terms of this Agreement respecting Alteration Installation Work, with the necessary modifications. 6.5 6.6 The County shall not install or grant rights to any third party to install any infrastructure within 1 metre on either side of the Electrical Infrastructure installed by the Proponent in the Road Allowance. The County shall not install or grant rights to any third party to install any infrastructure within 3 metres on either side of the Electrical Infrastructure installed by the Proponent in the Road Allowance without coordinating with the Proponent. 6.7 In the event that the MunicipalityCounty, acting reasonably and with diligencediligence and a bona fide municipal purpose, deems it necessary that for the County or the County’s agents or contractors to modify or change the location of any part of the installed Electrical Infrastructure be modified or relocated Entrances (the "“Relocation"”), then provided that the Municipality offers or otherwise confirms its agreement to a reasonable alternate location or locations within which Biidaaske may install such Electrical Infrastructure and each such location is reasonably proximate to the original location of the Electrical Infrastructure, the required Alteration Work and/or Installation Work shall be conducted by Biidaaskethe Proponent, within a reasonable period of time (but in any event not less than one hundred eighty (180) days)of the County’s written request therefore, in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and subject to Sections 6.7 and 6.8to 6.10, the Municipality County shall reimburse Biidaaske the full cost (Proponent 100%) % of its costs of such Work if the request is made by the Municipality within modifications or relocations during the initial five ten (510) years after the date that the Municipality County has approved the applicable Plan pursuant to Section 5, 5.3 and one-half (50%) of the its costs of such Work modifications or relocations for the remainder of the term of this Agreement. 6.6 6.8 If the provisions of Section 6.7 are triggered as a result of the County’s compliance with a legislative requirement, Ministerial order or other law or order of a body which has the ability to force the County to act, then the Proponent shall bear one hundred percent (100%) of the costs of the alteration or relocation of the installed Electrical Infrastructure. 6.9 In the event that the Relocation is required by ▇▇▇▇ Sound’s Director of Public Works and Engineering to deal with a drainage problem caused by Biidaaske or its agents or contractors the full cost (100%) of such Work shall be borne by Biidaaske. 6.7 In the event that the MunicipalityCounty, acting reasonably and with diligence, deems it necessary to modify the conceptual design of the future Haldimand County Sanitary or Water Transmission Lines along Haldimand Road 55 (as shown in Schedule “C”) to accommodate the Electrical Infrastructure, the Proponent will bear 100% of the increase in cost resulting solely from such modification or relocation. 6.10 In the event that the County, acting reasonably and with diligence and a bona fide municipal purpose, deems it necessary that installed Electrical Infrastructure or Entrances be modified or relocated as by a result of work or uses undertaken or proposed by any third party ("“Third Party Work"”), the required Alteration Work and/or Installation Work shall be conducted by Biidaaske the Proponent in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and the full cost (100%) costs of such Installation Work shall be borne solely by the third party. Notwithstanding the foregoing, the Municipality agrees that it will not permit such Third Party Work, without the approval of Biidaaske, if such Third Party Work would adversely affect the Work, the Solar Project or the exercise of Biidaaske's rights under this Agreement. The Municipality County agrees to give the Biidaaske ninety Proponent sixty (9060) days' ’ notice of the need for any such Third Party Work and to require that the relevant third party or parties bear the full cost (100%) of the Alteration Work and/or Proponent’s Installation Work and indemnify the Biidaaske Proponent against all claims and liabilities arising from the required Alteration Work and/or Installation Work as a condition precedent to any grant, permit or approval from the Municipality County for the Third Party Work. 6.11 Notwithstanding anything to the contrary contained herein, the County agrees to obtain the Proponent’s prior approval to any relocation or modification of the Proponent’s Electrical Infrastructure to the extent such Electrical Infrastructure is comprised of underground wires under this Article 6 if and to the extent the effect of such relocation or modification would, in the Proponent’s opinion acting reasonably, require the Proponent to use above-ground wires rather than underground wires.

Electrical Work. 6.1 If buried The Proponent is currently planning to install Electrical Infrastructure routes need to cross within the travelled surface of Road Allowances identified in Schedule “A” and the Municipality's roads, County agrees that such crossings Road Allowances shall be constructed by boring underneath the roads instead of breaking open the surface of the roads, provided that Biidaaske shall be entitled to utilize alternate construction methods available for Electrical Infrastructure, subject to the County’s approval of specific Plans as provided in Section 5. 6.2 Any Plans submitted by the Proponent in connection with Electrical Work located between shall identify the roadside drainage ditch and locations in which the boundary of the Road Allowance of such City Property and Road Allowances, including without limitation utility plowing for buried cables. If buried Proponent proposes to install above-grade Electrical Infrastructure routes need to cross and shall set out the travelled surface of a road in a location where a boring is not possible for technical, right-of-way or environmental reasons, Biidaaske shall seek the permission of the Municipality with respect to installing the Electrical Infrastructure through an open cut. reasons therefor. 6.3 The Municipality agrees that it shall not unreasonably refuse to approve an open cut installation for such road crossings if required by local conditions. Biidaaske Proponent further agrees that all to make commercially reasonable efforts will be made to install the Electrical Infrastructure, to the satisfaction of the Municipality: (a) in a defined corridor appropriate locations between the roadside drainage ditch outer limit of the travelled portion of the relevant Road Allowance and the boundary property line of the Road Allowance unless otherwise approved by the Municipality, such approval not to be unreasonably withheldAllowance; (b) at appropriate depths and/or elevations within the relevant Road Allowance so as to avoid minimize potential conflicts with other existing infrastructure, to the satisfaction of the Municipality, acting reasonably; and (c) in consistent locations within the City Property and Road Allowances such that the number of road crossings is minimized, to the satisfaction of the Municipality, acting reasonably. 6.2 Biidaaske acknowledges and agrees that its rights under this Agreement to install Electrical Infrastructure over, along, across, within or under the City Property and Road Allowances are subject to the following rights: (a) the right of free use of the City Property and Road Allowances by all persons or parties otherwise entitled to such use; (b) the rights of the owners of the property adjoining any relevant Road Allowance to full access to and egress from their property and adjacent rights-of-way, highways, streets or walkways and the consequential right of such persons or parties to construct crossings and approaches from their property to any such right-of-way, highway, street, or walkway, subject to any necessary approvals from Public Authorities; and (c) the rights and privileges that the Municipality may have previously granted to any other person or party to such Road Allowance or lands. 6.3 Biidaaske 6.4 The Proponent agrees at its sole expense to: (a) ▇▇▇▇ the location of Electrical Infrastructure installed by Biidaaske the Proponent within the City Property and Road Allowances with appropriate markings to the satisfaction of the Ontario Electrical Code and t he Municipality, acting reasonablymarkings; (b) participate in the "“Ontario One Call" ” system to facilitate ongoing notice to the public of the location of the Electrical Infrastructure; and any future centralized utility location notification procedures of the Municipality with the Municipality and other Service Providers;and (c) participate in utility coordinating meetings as may be requested by the Municipality; (d) upon request of the Municipality County through its officials or authorized agents, or otherwise, properly and accurately identify the location of any Electrical Infrastructure within the MunicipalityRoad Allowance, such reports to identify the depth of the relevant portion of the Electrical Infrastructure, such request to be made in writing to Biidaaske the Proponent with advance notice of ten fifteen (1015) business days prior to the Municipality County or a third party commencing work that may conflict with the Electrical Infrastructure. 6.4 6.5 The Parties agree and acknowledge that Biidaaske the Proponent shall from time to time be entitled to relocate installed Electrical Infrastructure or Entrances on its own initiative by complying with the terms of this Agreement respecting Alteration Installation Work, with the necessary modifications. 6.5 6.6 The County shall not install or grant rights to any third party to install any infrastructure within 1 metre on either side of the Electrical Infrastructure installed by the Proponent in the Road Allowance. The County shall not install or grant rights to any third party to install any infrastructure within 3 metres on either side of the Electrical Infrastructure installed by the Proponent in the Road Allowance without coordinating with the Proponent. 6.7 In the event that the MunicipalityCounty, acting reasonably and with diligencediligence and a bona fide municipal purpose, deems it necessary that for the County or the County’s agents or contractors to modify or change the location of any part of the installed Electrical Infrastructure be modified or relocated Entrances (the "“Relocation"”), then provided that the Municipality offers or otherwise confirms its agreement to a reasonable alternate location or locations within which Biidaaske may install such Electrical Infrastructure and each such location is reasonably proximate to the original location of the Electrical Infrastructure, the required Alteration Work and/or Installation Work shall be conducted by Biidaaskethe Proponent, within a reasonable period of time (but in any event not less than one hundred eighty (180) days)of the County’s written request therefore, in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and subject to Sections 6.7 and 6.8to 6.10, the Municipality County shall reimburse Biidaaske the full cost (Proponent 100%) % of its costs of such Work if the request is made by the Municipality within modifications or relocations during the initial five ten (510) years after the date that the Municipality County has approved the applicable Plan pursuant to Section 5, 5.3 and one-half (50%) of the its costs of such Work modifications or relocations for the remainder of the term of this Agreement. 6.6 6.8 If the provisions of Section 6.7 are triggered as a result of the County’s compliance with a legislative requirement, Ministerial order or other law or order of a body which has the ability to force the County to act, then the Proponent shall bear one hundred percent (100%) of the costs of the alteration or relocation of the installed Electrical Infrastructure. 6.9 In the event that the Relocation is required by ▇▇▇▇ Sound’s Director of Public Works and Engineering to deal with a drainage problem caused by Biidaaske or its agents or contractors the full cost (100%) of such Work shall be borne by Biidaaske. 6.7 In the event that the MunicipalityCounty, acting reasonably and with diligence, deems it necessary to modify the conceptual design of the future Haldimand County Sanitary or Water Transmission Lines along Haldimand Road 55 (as shown in Schedule “C”) to accommodate the Electrical Infrastructure, the Proponent will bear 100% of the increase in cost resulting solely from such modification or relocation. 6.10 In the event that the County, acting reasonably and with diligence and a bona fide municipal purpose, deems it necessary that installed Electrical Infrastructure or Entrances be modified or relocated as by a result of work or uses undertaken or proposed by any third party ("“Third Party Work"”), the required Alteration Work and/or Installation Work shall be conducted by Biidaaske the Proponent in accordance with the terms of this Agreement respecting Alteration Work and/or Installation Work, and the full cost (100%) costs of such Installation Work shall be borne solely by the third party. Notwithstanding the foregoing, the Municipality agrees that it will not permit such Third Party Work, without the approval of Biidaaske, if such Third Party Work would adversely affect the Work, the Solar Project or the exercise of Biidaaske's rights under this Agreement. The Municipality County agrees to give the Biidaaske ninety Proponent sixty (9060) days' ’ notice of the need for any such Third Party Work and to require that the relevant third party or parties bear the full cost (100%) of the Alteration Work and/or Proponent’s Installation Work and indemnify the Biidaaske Proponent against all claims and liabilities arising from the required Alteration Work and/or Installation Work as a condition precedent to any grant, permit or approval from the Municipality County for the Third Party Work. 6.11 Notwithstanding anything to the contrary contained herein, the County agrees to obtain the Proponent’s prior approval to any relocation or modification of the Proponent’s Electrical Infrastructure to the extent such Electrical Infrastructure is comprised of underground wires under this Article 6 if and to the extent the effect of such relocation or modification would, in the Proponent’s opinion acting reasonably, require the Proponent to use above-ground wires rather than underground wires.