Common use of Existing Utility Lines Clause in Contracts

Existing Utility Lines. Pursuant to Government Code section 4215, Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Project site at the time of commencement of construction under this Contract with respect to any such utility facilities that are not identified in the plans and specifications. Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor of responsibilities to exercise reasonable care nor costs of repair due to Contractor’s failure to do so. Judicial Council shall compensate Contractor for the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment necessarily idle during such work. No provision herein shall be construed to preclude assessment against Contractor for any other delays in completion of the work. Nothing in this provision shall be deemed to require Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within the exception of main or trunk utility lines. Whenever the presence of these utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Project site. If Contractor, while performing work under this Contract, discovers utility facilities not identified by Judicial Council in the plans and specifications, Contractor shall immediately notify the Judicial Council and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the Judicial Council shall be borne by the Contractor. Contractor understands, acknowledges and agrees that the purpose for prompt notification to the Judicial Council pursuant to these provisions is to allow the Judicial Council an opportunity to investigate the condition(s) so that the Judicial Council shall have the opportunity to decide how the Judicial Council desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the Judicial Council in writing, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s).

Existing Utility Lines. Pursuant to Government Code section 4215, The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Project site at the time of commencement of construction under this Contract the SLA with respect to any such utility facilities that are not identified in the plans and specifications. Contractor Licensee shall not be assessed for liquidated damages for delay in completion of the Project project caused by failure of Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor Licensee of responsibilities its responsibility to exercise reasonable care nor of the costs of repair due to ContractorLicensee’s failure to do so. Judicial Council shall compensate Contractor Licensee for the costs of locating, repairing damage not due to the failure of Contractor Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment necessarily idle during such work. No provision herein Such compensation shall be construed paid as an adjustment to preclude assessment against Contractor for any other delays in completion of the workRent by Amendment to the Lease. Nothing in this provision Exhibit shall be deemed to require Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Project site. If ContractorLicensee, while performing work under this ContractSLA, discovers utility facilities not identified by Judicial Council Council, Licensee shall immediately, but in the plans and specificationsno case longer than two (2) Business Days, Contractor shall immediately notify the Judicial Council and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the Judicial Council shall be borne by the Contractor. Contractor understands, acknowledges and agrees that the purpose for prompt notification to the Judicial Council pursuant to these provisions is to allow the Judicial Council an opportunity to investigate the condition(s) so that the Judicial Council shall have the opportunity to decide how the Judicial Council desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the Judicial Council in writing, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s)Licensee.

Existing Utility Lines. Pursuant to Government Code section 4215, The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Project site at the time of commencement of construction under this Contract the SLA with respect to any such utility facilities that are not identified in the plans and specifications. Contractor Licensee shall not be assessed for liquidated damages for delay in completion of the Project project caused by failure of Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor Licensee of responsibilities its responsibility to exercise reasonable care nor of the costs of repair due to ContractorLicensee’s failure to do so. Judicial Council shall compensate Contractor Licensee for the costs of locating, repairing damage not due to the failure of Contractor Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment necessarily idle during such work. No provision herein Such compensation shall be construed paid as an adjustment to preclude assessment against Contractor the Fixed Price for any other delays in completion of Electricity by Amendment to the workSPPA. Nothing in this provision Exhibit shall be deemed to require Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Project site. If ContractorLicensee, while performing work under this ContractSLA, discovers utility facilities not identified by Judicial Council Council, Licensee shall immediately, but in the plans and specificationsno case longer than two (2) Business Days, Contractor shall immediately notify the Judicial Council and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the Judicial Council shall be borne by the Contractor. Contractor understands, acknowledges and agrees that the purpose for prompt notification to the Judicial Council pursuant to these provisions is to allow the Judicial Council an opportunity to investigate the condition(s) so that the Judicial Council shall have the opportunity to decide how the Judicial Council desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the Judicial Council in writing, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s)Licensee.

Existing Utility Lines. Pursuant to Government Code section 4215, The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Project site at the time of commencement of construction under this Contract the SLA with respect to any such utility facilities that are not identified in the plans and specifications. Contractor Licensee shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor Licensee of responsibilities its responsibility to exercise reasonable care nor of the costs of repair due to ContractorLicensee’s failure to do so. Judicial Council shall compensate Contractor Licensee for the costs of locating, repairing damage not due to the failure of Contractor Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment necessarily idle during such work. No provision herein Such compensation shall be construed paid as an adjustment to preclude assessment against Contractor the Fixed Price for any other delays in completion of Electricity by Amendment to the workSPPA. Nothing in this provision Exhibit shall be deemed to require Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Project site. If ContractorLicensee, while performing work under this ContractSLA, discovers utility facilities not identified by Judicial Council Council, Licensee shall immediately, but in the plans and specificationsno case longer than two (2) Business Days, Contractor shall immediately notify the Judicial Council and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the Judicial Council shall be borne by the Contractor. Contractor understands, acknowledges and agrees that the purpose for prompt notification to the Judicial Council pursuant to these provisions is to allow the Judicial Council an opportunity to investigate the condition(s) so that the Judicial Council shall have the opportunity to decide how the Judicial Council desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the Judicial Council in writing, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s)Licensee.

Existing Utility Lines. Pursuant to Government Code section 4215, Judicial Council District assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the construction Project site Site at the time of commencement of construction under this Contract with respect to any such utility facilities that are not identified in the plans Plans and specificationsSpecifications. Contractor shall not be assessed for liquidated damages for delay in completion of the Project Completion caused by failure of Judicial Council District or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council District shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor of responsibilities to exercise reasonable care nor costs of repair due to Contractor’s failure to do so. Judicial Council District shall compensate Contractor for the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans Plans and specifications Specifications with reasonable accuracy, and for equipment necessarily idle during such work. No provision herein shall be construed to preclude assessment against Contractor for any other delays in completion of the workProject Completion. Nothing in this provision Section shall be deemed to require Judicial Council District to indicate the presence of existing service laterals, appurtenances, or other utility lines, within with the exception of main or trunk utility lines. Whenever , whenever the presence of these utilities on the Site of the construction Project site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, trenches on or adjacent to the Project siteSite of the construction. If Contractor, while performing work Work under this Contract, discovers utility facilities not identified by Judicial Council District in the plans Contract Plans and specificationsSpecifications, Contractor shall immediately immediately, but in no case longer than two (2) Business Days, notify the Judicial Council District and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the Judicial Council District shall be borne by the Contractor. Contractor understands, acknowledges and agrees that the purpose for prompt notification to the Judicial Council pursuant to these provisions is to allow the Judicial Council an opportunity to investigate the condition(s) so that the Judicial Council shall have the opportunity to decide how the Judicial Council desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the Judicial Council in writing, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s).