Common use of Access and Utility Easements Clause in Contracts

Access and Utility Easements. (a) The City reserves the right to retain public easements for utilities, multi- use trails, and other public purposes on, over, under, across, and along the Real Property. In addition, UBP agrees to grant reasonable utility easements on, over, under, across and along the Liberty Bridge to the City and/or utility companies for use in the installation, operation and maintenance of public utilities. The City agrees to use good faith efforts to determine the location of utility easements in collaboration with UBP’s design of the rehabilitation work to maximize the timely prosecution of the construction schedule. The granting of such easements is conditioned and subject to the City and public utilities: (i) being in compliance with the engineering and other design standards of the Liberty Bridge; (ii) not interfering with the construction, operation or maintenance of the Liberty Bridge; and (iii) not resulting in material economic loss to UBP. (b) With respect to such easements set forth in Section 10(a) above, the City will reserve its rights of access on the Real Property without compensation to UBP, but the City shall remain responsible for all construction and maintenance costs for the installation, operation, maintenance, and removal of the City-owned utilities or public utilities for which the access rights are reserved, and for any loss or damages incurred by UBP as a result of the use or activities performed within such easements, including, without limitation, the installation, operation, maintenance, or removal of the City- owned utilities associated with the easement(s). (c) The City and UBP will coordinate the permitting and location of Directional Signage along the rights-of-way leading to and from the Liberty Bridge for the purpose of maximizing the use of, and ability to direct the traveling public to, the Liberty Bridge, which Directional Signage shall be subject to all applicable federal, City, state and county ordinances, laws and regulations, as amended from time to time, and permitting application procedures, as well as future conditions which may necessitate the relocation of such Directional Signage, provided that, any such relocation will be to a location with comparable visibility as the original location.

Access and Utility Easements. (a) The City reserves the right to retain public easements for utilities, multi- use trails, and other public purposes on, over, under, across, and along the Real Property. In addition, UBP agrees to grant reasonable utility easements on, over, under, across and along the Liberty Independence Bridge to the City and/or utility companies for use in the installation, operation and maintenance of public utilities. The City agrees to use good faith efforts to determine the location of utility easements in collaboration with UBP’s design of the rehabilitation work to maximize the timely prosecution of the construction schedule. The granting of such easements is conditioned and subject to the City and public utilities: (i) being in compliance with the engineering and other design standards of the Liberty Independence Bridge; (ii) not interfering with the construction, operation or maintenance of the Liberty Independence Bridge; and (iii) not resulting in material economic loss to UBP. (b) With respect to such easements set forth in Section 10(a) above, the City will reserve its rights of access on the Real Property without compensation to UBP, but the City shall remain responsible for all construction and maintenance costs for the installation, operation, maintenance, and removal of the City-owned utilities or public utilities for which the access rights are reserved, and for any loss or damages incurred by UBP as a result of the use or activities performed within such easements, including, without limitation, the installation, operation, maintenance, or removal of the City- owned utilities associated with the easement(s). (c) The City and UBP will coordinate the permitting and location of Directional Signage along the rights-of-way leading to and from the Liberty Independence Bridge for the purpose of maximizing the use of, and ability to direct the traveling public to, the Liberty Independence Bridge, which Directional Signage shall be subject to all applicable federal, City, state and county ordinances, laws and regulations, as amended from time to time, and permitting application procedures, as well as future conditions which may necessitate the relocation of such Directional Signage, provided that, any such relocation will be to a location with comparable visibility as the original location.