Common use of Responsibility of User Clause in Contracts

Responsibility of User. The portion(s) of posted highway(s) and appurtenances shall be maintained to a level consistent with the existing state of repair at the time of the initial inspection. Preventative Maintenance projects to improve the posted highway beyond the existing state of repair may be performed pursuant to the authority granted by this Agreement, but the POSTING AUTHORITY may not require a USER to upgrade the condition of the posted highway beyond the existing state of repair without the USER’s consent. The USER may be required to provide a Maintenance Plan detailing expected maintenance procedures and related items to be employed by the USER and made a part of this agreement as though physically attached. The nonperformance of normal maintenance by the POSTING AUTHORITY shall under no circumstances constitute grounds for an offset or credit against any excess maintenance, preventative maintenance or restoration responsibilities of the USER. The POSTING AUTHORITY shall determine, at its discretion, whether the excess and preventative maintenance and restoration are satisfactory.