Common use of Minimum Grade Clause in Contracts

Minimum Grade. TNA reserves the right to refuse to construct a pavement unless minimum grades of 1% are possible for surface drainage. If construction is performed with less than a minimum grade of 1%, it is understood that water ponding may occur and that there is no warranty attached to the work as to satisfactory surface drainage. Depressions over ¾” can be filled. WATER DRAINAGE: TNA will make water drain as best as possible. However, we make no guarantees against drainage of new or old pavement of any type when resurfacing and not replacing the project in its entirety. The proposed price is contingent on the existing subsoil or base being adequate to support the pavement work. TNA shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as underground springs, contaminated soil, etc. If failure does occur, TNA will notify the client for inspection. Projects where the natural fall of the land is less than 2% and all patching projects. TNA does not guarantee that there will be total water drainage on pavements after repair and TNA shall not be held liable for ponding or retention in surrounding areas. ZONING REQUIREMENTS & REGULATIONS: TNA assumes no responsibility for determining whether Customer has the legal right or authority to perform the work as specified. Notwithstanding that such work might be deemed to violate any ordinance, zoning regulation, or other law, the Customer shall, nevertheless, be obligated to pay for the work performed as ordered.

Minimum Grade. TNA reserves the right to refuse to construct a pavement unless minimum grades of 1% are possible for surface drainage. If construction is performed with less than a minimum grade of 1%, it is understood that water ponding may occur and that there is no warranty attached to the work as to satisfactory surface drainage. Depressions over ¾” can be filled. WATER DRAINAGE: TNA will make water drain as best as possible. However, we make no guarantees against drainage of new or old pavement of any type when resurfacing and not replacing the project in its entirety. The proposed price is contingent on the existing subsoil or base being adequate to support the pavement work. TNA shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as underground springs, contaminated soil, etc. If failure does occur, TNA will notify the client for inspection. Projects where the natural fall of the land is less than 2% and all patching projects. TNA does not guarantee that there will be total water drainage on pavements after repair and TNA shall not be held liable for ponding or retention in surrounding areas. ZONING REQUIREMENTS & REGULATIONS: TNA assumes no responsibility for determining whether Customer has the legal right or authority to perform the work as specified. Notwithstanding that such work might be deemed to violate any ordinance, zoning regulation, or other law, the Customer shall, nevertheless, be obligated to pay for the work performed as ordered. REPRODUCTION OF CRACKS: When resurfacing existing pavement of any type, TNA is not responsible for the reproduction of cracks (“reflective cracking”) which may occur when resurfacing existing asphalt. STOCKPILING MATERIALS: TNA shall be permitted to stockpile materials necessary to perform its work on the Customer’s property or adjacent to the site of the work at no cost. HIDDEN OBJECTS: TNA assumes no responsibility for removing hidden objects encountered during the performance of their work, nor the cost associated with same.

Minimum Grade. TNA reserves the right to refuse to construct a pavement unless minimum grades of 1% are possible for surface drainage. If construction is performed with less than a minimum grade of 1%, it is understood that water ponding may occur and that there is no warranty attached to the work as to satisfactory surface drainage. Depressions over ¾” can be filled. WATER DRAINAGE: TNA will make water drain as best as possible. However, we make no guarantees against drainage of new or old pavement of any type when resurfacing and not replacing the project in its entirety. The proposed price is contingent on the existing subsoil or base being adequate to support the pavement work. TNA shall not be held liable for failure due to poor subgrade, moisture or other unforeseen circumstances such as underground springs, contaminated soil, etc. If failure does occur, TNA will notify the client for inspection. Projects where the natural fall of the land is less than 2% and all patching projects. TNA does not guarantee that there will be total water drainage on pavements after repair and TNA shall not be held liable for ponding or retention in surrounding areas. ZONING REQUIREMENTS & REGULATIONS: TNA assumes no responsibility for determining whether Customer has the legal right or authority to perform the work as specified. Notwithstanding that such work might be deemed to violate any ordinance, zoning regulation, or other law, the Customer shall, nevertheless, be obligated to pay for the work performed as ordered. REPRODUCTION OF CRACKS: When resurfacing existing pavement of any type, TNA is not responsible for the reproduction of STOCKPILING MATERIALS: TNA shall be permitted to stockpile materials necessary to perform its work on the Customer’s HIDDEN OBJECTS: TNA assumes no responsibility for removing hidden objects encountered during the performance of their work, nor the cost associated with same.