Common use of Additional Conditions of Use Clause in Contracts

Additional Conditions of Use. The use of Designated Roads by Atlantic and the Atlantic Parties is subject to the following conditions: a) In the event of an exceptional circumstance and Atlantic and the Atlantic Parties determine it is necessary for the Project to use the Designated Roads outside the Period of Use, then Atlantic or, if applicable, the Atlantic Parties shall seek approval of the Designees, describing in detail such use and the reasons therefore. The Designees will take into account weather conditions and the conditions of the roads in making their determination to grant permission for use of the Designated Roads outside of the Period of Use under this Section 1.3, which permission shall not be unreasonably withheld. In the event that the Designees fail to respond within three (3) business days, the Designees shall be deemed to have agreed to such use. b) In the event Atlantic and the Atlantic Parties determine it is necessary for the Project to use roads and highways of the Towns and County not identified on Appendix A as Designated Roads, then Atlantic or, if applicable, the Atlantic Parties shall notify the Designees, describing in detail such use and the reasons therefore. Atlantic shall provide the Designee reasonable notice that it anticipates the use of substitute roads. Substitute roads may only be used on consent of the Designees and such consent shall not be unreasonably withheld. In the event that the Designees do not respond within three (3) business days of a request to use a substitute road, the Designees shall be deemed to have agreed to such substitute road being used. c) Once construction begins on the Project, the Designee shall be entitled, at any time, to notify Atlantic and the Atlantic Parties that use of the Designated Roads may result in excessive damage to the Designated Roads due to weather conditions. Atlantic shall work with the Designee to develop a plan to mitigate or prevent the effect of such weather conditions. If the Parties are able to develop a plan to mitigate or prevent such damage, then Atlantic and the Atlantic Parties may continue to use such roads provided such mitigation is implemented. If the Parties are unable to develop such a plan, Atlantic and the Atlantic Parties may propose an alternate route to the Project site for approval by the Designees of the Towns (such approval not to be unreasonably withheld).

Additional Conditions of Use. The use of Designated Roads by Atlantic OYA and the Atlantic OYA Parties is subject to the following conditions: a) In the event of an exceptional circumstance and Atlantic OYA and the Atlantic OYA Parties determine it is necessary for the Project to use the Designated Roads outside the Period of Use, then Atlantic OYA or, if applicable, the Atlantic OYA Parties shall seek approval of the Designees, describing in detail such use and the reasons therefore. The Designees will take into account weather conditions and the conditions of the roads in making their determination to grant permission for use of the Designated Roads outside of the Period of Use under this Section 1.3, which permission shall not be unreasonably withheld. In the event that the Designees fail to respond within three five (35) business days, the Designees shall be deemed to have agreed to such usesuchuse. b) In the event Atlantic OYA and the Atlantic OYA Parties determine it is necessary for the Project to use roads and highways of the Towns Town and County not identified on Appendix A as Designated Roads, then Atlantic OYA or, if applicable, the Atlantic OYA Parties shall notify the Designees, describing in detail such use and the reasons therefore. Atlantic OYA shall provide the Designee reasonable notice that it anticipates the use of substitute roads. Substitute roads may only be used on consent of the Designees and such consent shall not be unreasonably withheld. In the event that the Designees do not respond within three (3) business days of a request to use a substitute road, the Designees shall be deemed to have agreed to such substitute road being used. c) Once construction begins on the Project, the Designee shall be entitled, at any time, to notify Atlantic OYA and the Atlantic OYA Parties that use of the Designated Roads may result in excessive damage to the Designated Roads due to weather conditions. Atlantic OYA shall work with the Designee to develop a plan to mitigate or prevent the effect of such weather conditions. If the Parties are able to develop a plan to mitigate or prevent such damage, then Atlantic OYA and the Atlantic OYA Parties may continue to use such roads provided such mitigation is implemented. If the Parties are unable to develop such a plan, Atlantic OYA and the Atlantic OYA Parties may propose an alternate route to the Project site for approval by the Designees of the Towns Town (such approval not to be unreasonably withheld).

Additional Conditions of Use. The acknowledgement of use of Designated Roads by Atlantic Number Three Wind and the Atlantic Number Three Wind Parties set forth in Section 1.1 shall be contained in special use permits issued by the Municipalities simultaneously herewith and is subject to the following conditions: a) In the event of an exceptional circumstance and Atlantic Number Three and the Atlantic Number Three Wind Parties determine it is necessary for the Project to use the Designated Roads outside the Period of Use, then Atlantic Number Three Wind or, if applicable, the Atlantic Number Three Wind Parties shall seek approval of the Designees, describing in detail such use and the reasons therefore. The Designees will take into account weather conditions and the conditions of the roads in making their determination to grant permission for use of the Designated Roads outside of the Period of Use under this Section 1.3, which permission shall not be unreasonably withheld. In the event that the Designees fail to respond within three (3five(5) business daysdays of receipt, the Designees shall be deemed to have agreed to such use. Notification shall be done as described in Section 12.4. b) In the event Atlantic Number Three Wind and the Atlantic Number Three Wind Parties determine it is necessary for the Project to use roads and highways of the Towns and County Municipalities not identified on Appendix A as Designated Roads, then Atlantic Number Three Wind or, if applicable, the Atlantic Number Three Wind Parties shall notify the Designees, describing in detail such use and the reasons therefore. Atlantic Number Three Wind shall provide the Designee Designees reasonable notice that it anticipates the use of substitute roads. Substitute roads may only be used on consent of the Designees and such consent shall not be unreasonably withheld. In the event that the Designees do not respond within three five (35) business days of receipt of a request to use a substitute road, the Designees shall be deemed to have agreed to such substitute road being used. c) Once construction begins on the Project, the Designee Designees shall be entitled, at any time, to notify Atlantic Number Three Wind and the Atlantic Number Three Wind Parties that use of the Designated Roads may result in excessive damage to the Designated Roads due to weather conditions. Atlantic Number Three Wind shall work with the Designee Designees to develop a plan to mitigate or prevent the effect of such weather conditions. If the Parties are able to develop a plan to mitigate or prevent such damage, then Atlantic Number Three Wind and the Atlantic Number Three Wind Parties may continue to use such roads provided such mitigation is implemented. If the Parties are unable to develop such a plan, Atlantic Number Three Wind and the Atlantic Number Three Wind Parties may propose an alternate route to the Project site for approval by the Designees of the Towns Municipalities (such approval not to be unreasonably withheld).