Xxxxxx Removal. The Contractor shall be responsible for the removal of thatch buildup in the sod layer one time per year, in April. Thatch removal shall be performed in two directions with a power- driven verti-cutting machine. All grass clippings associated with this process shall be removed from the site and disposed of at the Contractor’s expense.
Xxxxxx Removal. Services1 in which the court was called upon to assess the validity of an unequal arbitration clause. In his judgment Xxxxxxx X.X stated that “there is nothing in its unequal operation to divest it, in our view, of the character attributed to arbitration clauses in general …” Reference was also made to the case of Pittalis v. Sherefettin2 where Xxx XX observed that: “Looking at the matter apart from authority, I can see no reason why, if any agreement between two persons confers on one of them alone the right to refer the matter to arbitration, the reference should not constitute an arbitration. There is a fully bilateral agreement which constitutes a contract to refer. The fact that the option is exercisable by one of the parties only seems to me to be irrelevant. The result in my view is that the parties are entitled, if they so choose, to confer a unilateral right to insist upon arbitration.” 1 (1948) 1 K.B 11 [2] On the basis of these authorities, it is argued that there is a valid arbitration clause which clearly provides a unilateral right to the 1st defendant to insist upon arbitration. The 1st defendant further refers the court to section 17(1) of the Arbitration Act which states as follows: “’Arbitration agreement’ is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.” [3] In summary, the 1st defendant argues that the instant agreement is a valid arbitration agreement within the contemplation of the Arbitration Act and the dispute relates to matters falling within the scope of the agreement. On that basis it is submitted that the 1st defendant is entitled to invoke the provisions of section 18(1) of that act, which mandates the court to stay the proceedings pending the outcome of arbitration. [4] The claimant argues that, contrary to the submissions of counsel for the 1st defendant, there is no arbitration agreement within the meaning of the Act. The claimant refers the court to the case of Xxxxxx x. Xxxxxxxxxx et al3 in support of the submission that the wording of section 14 of the contract does not constitute a binding agreement for mandatory arbitration. What the section does, according to the claimant, is to give a unilateral option to the 1st defendant to refer the matter to ...
Xxxxxx Removal. The Contractor shall remove and dispose of thatch build-up in the sod layer one (1) time per year. The Park Services Manager shall be notified with a written schedule one month prior to the date of thatch removal commencement. Thatch removal shall be performed with a power-driven thatching/verti-cutting knives. All grass clippings associated with this process shall be removed from the site and disposed of at the Contractor’s expense. Over seeding and topdressing shall be required at the Contractors expense where thinning of sod has occurred. The Parks Services Manager shall determine the top-dressing and seed application rate.
Xxxxxx Removal. The work shall include removal and disposal of brush and debris generated by said work. Waste material shall be disposed of at the contractor’s expense at a location designated and/or approved by the City. Waste material shall not be given away or sold as firewood. Waste material shall not be landfilled. Recycling of wood and wood chips through sustainable uses is strongly encouraged. Upon request, Contractor shall furnish data to the City on a monthly basis listing the type, quantity and disposal location of all debris generated by the work. All wood generated from removed trees is the property of the City and shall be disposed of at the direction of the Project Manager. No wood shall be left along public right-of-way unless approved by the Project Manager. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday. Debris resulting from Contractor’s operations shall not be left on any work sites overnight, unless given permission by the City to do so otherwise. Debris along major thoroughfares or active pedestrian and/or bikeways, at the discretion and direction of the City’s Inspector, may require chipping and cleanup within an hour of pruning to allow for the safe passage of traffic. All lawn areas shall be raked, all streets and sidewalks swept, and all brush, branches, and logs shall be removed from the site. Work areas are to be left in a condition equal to that which existed prior to the commencement of arboriculture operations. Xxxxx grindings shall be removed from site within forty-eight (48) hours from completion of actual grinding operation, unless instructed to do otherwise by the City. Chippers shall only be run at 15-20 minute intervals. To minimize offensive noise, chippers shall not be run continuously. Contractor shall be required to utilize electric/battery-powered leaf blowers. Contractor shall comply with all Federal, State and County regulations for pests, including but not limited to, Sudden Oak Death (SOD) and Light Brown Apple Moth. Contractor shall follow the Sudden Oak Death Guidelines for Arborists (California Oak Mortality Task Force, 2008) when working ...
Xxxxxx Removal. Xxxxxx is removed as a party to the Voting Agreement effective as of May 17, 2002.
