Common use of Damage to Public Way Clause in Contracts

Damage to Public Way. Whenever the removal or relocation of Equipment is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Way or Municipal Facilities to be damaged, Crown, at its sole cost and expense, shall promptly repair and return the Public Way and Municipal Facilities in and on which the Equipment are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Crown does not repair the site as just described, then the Local Government shall have the option, upon fifteen (15) days’ prior written notice to Crown, to perform or cause to be performed such reasonable and necessary work on behalf of Crown and to charge Crown for the proposed costs to be incurred or the actual costs incurred by the Local Government at the Local Government’s standard rates. Upon the receipt of a demand for payment by the Local Government, Crown shall promptly reimburse the Local Government for such costs.

Damage to Public Way. Whenever the removal or relocation of Equipment is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Way or Municipal Facilities to be damaged, Crown, at its sole cost and expense, shall promptly repair and return the Public Way and Municipal Facilities in and on which the Equipment are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Crown does not repair the site as just described, then the Local Government City shall have the option, upon fifteen (15) days’ prior written notice to Crown, to perform or cause to be performed such reasonable and necessary work on behalf of Crown and to charge Crown for the proposed costs to be incurred or the actual costs incurred by the Local Government City at the Local GovernmentCity’s standard rates. Upon the receipt of a demand for payment by the Local GovernmentCity, Crown shall promptly reimburse the Local Government City for such costscosts and in no event shall Crown fail to reimburse the City for such costs within 30 days of receipt of the City’s demand.