Evaluation of Designated Roads Sample Clauses

Evaluation of Designated Roads. As soon as practicable after the execution of the Development Agreement, but in any event prior to the commencement of construction at the Project site and before delivery of materials and equipment to the Project site, the County and the Developer shall agree on a method to evaluate the Designated Roads (“Initial Evaluation”) to be included by reference in Appendix B of this Agreement. The Developer shall inspect and structurally assess all bridges or structures on Designated Roads or Haul Roads and provide documentation to the reasonable satisfaction of the County Engineer of acceptable use of said bridges or structures, also to be included by reference in Appendix B of this Agreement. If the Developer submits updated versions of Appendices A and B to the County pursuant to section 1.1, the costs of each Initial Evaluation will be borne by the Developer. Additional evaluations shall be conducted only in the event the Parties mutually agree. Prior to commencement of the Project construction the Developer shall, at its expense, provide the County Engineer with videotape or other media documenting the preconstruction condition of all County and Township roads to be used during construction of the Project. This will be made available and approved by the County Engineer for accuracy and clarity and will be considered as the visual record of the preconstruction condition of the roads.
Sample 1
AutoNDA by SimpleDocs
Evaluation of Designated Roads. Developer shall conduct an Initial Evaluation of Designated Roads prior to commencement of construction of the Project. If, pursuant to Section 4.1, Developer submits to the County an updated version of Appendix A that designates an additional road as a Designated Road, Developer shall perform an Initial Evaluation with respect to such additional Designated Road. The costs of all Initial Evaluations will be borne by Developer. Evaluations in addition to Initial Evaluations shall be conducted upon mutual agreement of the Parties.
Sample 1
Evaluation of Designated Roads. Turtle Creek has retained an independent Iowa licensed professional civil engineer (the “Civil Engineer”) to perform a survey to record the pre-existing condition of the Designated Roads including culverts, bridges and other drainage structures (the “Road Condition Report”), which shall include, at the Civil Engineer’s election: videotaping of the Designated Roads, culverts, bridges and drainage structures and, boring and other such other tests deemed necessary by the Civil Engineer to determine the pre- construction condition of the Designated Roads. Such Road Condition Report shall reflect the existing drainage system, including open ditches, bridges, small structures and culvert pipes (the “Drainage Infrastructure”), and the direction of current flow of storm water drainage. The Road Condition Report is attached hereto as Appendix B. In connection with the Road Use Report, Turtle Creek shall have the right, but not the obligation, to bore and take core samples of the Designated Roads and perform other testing as deemed appropriate by Turtle Creek for the purposes of determining road condition and composition and shall repair any damage caused by such boring activities. In addition, within sixty (60) days after completion of construction of the Project Facilities, Turtle Creek shall, at its cost and expense, perform a survey to record the condition of the Roads that were used by Turtle Creek (the “Post-Construction Roadway Condition Survey”). The Post-Construction Roadway Condition Survey may include videotaping, photography and such other testing as deemed appropriate by Turtle Creek. Turtle Creek shall deliver a copy of the Post-Construction Roadway Condition Survey, if any, to the Designee. The Post-Construction Roadway Condition Survey shall be used to determine what damage, if any, was caused by the Turtle Creek Parties during the construction of the Project and what repairs are necessary to repair any such damage to the Designated Roads that were used by Turtle Creek. If the Designee does not give written notice of any objection to the completeness and accuracy of the Post-Construction Roadway Condition Survey within ten (10) business days after receipt, the Post- Construction Road Condition Survey shall be deemed accepted by the County and by the Designee. If written notice of objection is delivered within such ten (10) business day period, the Parties shall work in good faith to resolve any objections of the Designee. In the event the Parties can...
Sample 1
Evaluation of Designated Roads 
Sample 1Sample 2

Related to Evaluation of Designated Roads

  • If Designated If the HSP is Designated it will:

  • Release of Design Plan The Engineer (1) will not release any roadway design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the State’s ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the State.

  • Termination of Designation of Convalescent Care Beds (a) Notwithstanding section 6.3, the provisions in this section 6.5 apply to the termination of a designation of convalescent care Beds.

  • Coordination of Design and Construction Contract Documents 5.5.1 Review model(s), Drawings, Specifications and other Construction Documents as they are developed by A/E during the Schematic Design, Design Development, and Construction Documents design phases of the Project.

  • The Design Builder shall maintain an occurrence form commercial general liability policy or policies insuring against liability arising from premises (including loss of use thereof), personal injury or death, advertising injury, liability insured under an insured contract (including the tort liability of another assumed in a business contract) occurring on or in any way related to the premises or occasioned by reason of the operations of Design-Builder. Such coverage shall be written on an ISO occurrence form (ISO Form CG 00 01 12 07 or a policy form providing equivalent coverage) in an amount of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 aggregate. Unless otherwise provided, the policy or policies of insurance providing the liability coverage shall include:

  • Termination of Development Grant Agreement The obligations of the Recipient under the Development Grant Agreement shall terminate on the date 20 years after the date of the Development Grant Agreement.”

  • Closing Procedure The Company or its assigns shall effect the ----------------- Repurchase by delivering or mailing to the Grantee (and/or, if applicable, his Permitted Transferees) written notice within six (6) months after the Termination Event or Bankruptcy, specifying a date within such six-month period in which the Repurchase shall be effected. Upon such notification, the Grantee and his Permitted Transferees shall promptly surrender to the Company any certificates representing the Restricted Shares being purchased, together with a duly executed stock power for the transfer of such Restricted Shares to the Company or the Company's assignee or assignees (as contemplated by Section 6, if applicable). Upon the Company's or its assignee's receipt of the certificates from the Grantee or his Permitted Transferees, the Company or its assignee or assignees shall deliver to him, her or them a check for the purchase price of the Restricted Shares being purchased, provided, however, that the Company may pay the purchase price for such shares by offsetting and canceling any indebtedness then owed by the Grantee to the Company. At such time, the Grantee and/or any holder of the Restricted Shares shall deliver to the Company the certificate or certificates representing the Restricted Shares so repurchased, duly endorsed for transfer, free and clear of any liens or encumbrances. The Repurchase obligation specified herein shall survive and remain in effect as to Restricted Shares following and notwithstanding any public offering by or merger or other transaction involving the Company and certificates representing such Restricted Shares shall bear legends to such effect.

  • Data Conversion [insert City or Contractor] shall be responsible for the timely and accurate conversion of City’s data to the format required by the Programs [or, System], and for providing the test data specified in the Acceptance Test Plan [or, Design Specifications].

  • Common Terms In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 10 (Non-Petition and Limited Recourse) of the Common Terms.

  • CLOSING PROVISIONS (a) Subscriber agrees to be identified as a customer of JetBrains and agrees that JetBrains may refer to Subscriber by name, trade name and trademark, if applicable, and may briefly describe Subscriber’s business in JetBrains marketing materials, on JetBrains Site, and in public or legal documents. Subscriber hereby grants JetBrains a worldwide, non-exclusive, royalty-free license to use Subscriber’s name and any of Subscriber’s trade names and trademarks solely pursuant to this marketing section.

Time is Money Join Law Insider Premium to draft better contracts faster.