Common use of Existing Utility Lines Clause in Contracts

Existing Utility Lines. The Judicial Council assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the site at the time of commencement of construction under the SLA with respect to any such utility facilities that are not identified in the plans and specifications. Licensee shall not be assessed damages for delay in completion of the project caused by failure of Judicial Council or the owner of a utility to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by Judicial Council shall not be considered exact, but approximate within reasonable margin and shall not relieve Licensee of its responsibility to exercise reasonable care nor of the costs of repair due to Licensee’s failure to do so. Judicial Council shall compensate Licensee for the costs of locating, repairing damage not due to the failure of Licensee to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment necessarily idle during such work. Such compensation shall be paid as an adjustment to the Rent by Amendment to the Lease. Nothing in this Exhibit shall be deemed to require Judicial Council to indicate the presence of existing service laterals, appurtenances, or other utility lines, with the exception of main or trunk utility lines, whenever the presence of these utilities on the site can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the site. If Licensee, while performing work under this SLA, discovers utility facilities not identified by Judicial Council, Licensee shall immediately, but in no case longer than two (2) Business Days, notify Judicial Council and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to Judicial Council shall be borne by the Licensee.