Common use of Access to the Facilities Clause in Contracts

Access to the Facilities. Alliance shall have access to the Facilities along a roadway owned, used and controlled by Virginia Power (the “Roadway”). Except as provided in this Section 5, Virginia Power shall reasonably maintain the Roadway used for such access so as not to unreasonably impair Alliance’s performance under this Agreement and/or the Coal Supply Agreement; provided, however, Alliance shall be responsible for the restoration of said Roadway to its immediately prior condition for any damage to the condition of the Roadway: (i) caused by Alliance, its employees or subcontractor(s), and (ii) beyond reasonable wear and tear considering the intended use of the Roadway by Alliance, Virginia Power, and Virginia Power’s other subcontractors and suppliers.