Common use of Service Roads Clause in Contracts

Service Roads. In addition to and not in substitution for all other obligations of the Contractor under this Agreement in relation to the Service Roads, the Contractor shall: (a) design and construct the Service Roads in compliance with all applicable municipal requirements; (b) complete construction of the Service Roads and open the Service Roads to vehicle traffic, at the times specified in the Project Requirements; and (c) warrant each Service Road to be free from any defect or failure to withstand climatic conditions, maintenance and normal operating conditions, all in accordance with applicable municipal requirements, for a period of two years following the earlier of: (i) the date on which the Service Road is opened to traffic with the approval of the Province acting reasonably; and (ii) the date of Construction Completion. The Province shall, during the warranty period, notify the Contractor of required warranty work as the Province becomes aware of the need for such warranty work, and the Contractor shall diligently perform such warranty work as soon as practicable following receipt of such notice. If the Contractor fails to complete warranty work on the Service Road within one month after expiry of the warranty (or, in the event that the warranty work is seasonally delayed or reasonably requires more time to complete, fails to within one month after expiry of the warranty provide the Province with a reasonable plan and timetable for completing the warranty work, and thereafter diligently carry out such plan in accordance with such timetable), the Province may upon so notifying the Contractor make other arrangements for performance of the warranty work, and set off the cost of the work against the Payment. The Province shall by April 17, 2010 arrange for the Contractor to have all rights of access to the Service Roads reasonably required for the construction of the Service Roads and the performance of the warranty work, except for the Service Road located at ▇▇ ▇▇▇▇▇▇ ▇▇/▇▇▇▇▇▇▇ ▇▇, as illustrated on Drawing 18-A-12 of Schedule 18 (Technical Requirements), for which the Province shall arrange for the Contractor to have such access by December 31, 2010.

Service Roads. In addition to and not in substitution for all other obligations of the Contractor under this Agreement in relation to the Service Roads, the Contractor shall: (a) design and construct the Service Roads in compliance with all applicable municipal requirements; (b) complete construction of the Service Roads and open the Service Roads to vehicle traffic, at the times specified in the Project Requirements; and (c) warrant each Service Road to be free from any defect or failure to withstand climatic conditions, maintenance and normal operating conditions, all in accordance with applicable municipal requirements, for a period of two years following the earlier of: (i) the date on which the Service Road is opened to traffic with the approval of the Province acting reasonably; and (ii) the date of Construction Completion. The Province shall, during the warranty period, notify the Contractor of required warranty work as the Province becomes aware of the need for such warranty work, and the Contractor shall diligently perform such warranty work as soon as practicable following receipt of such notice. If the Contractor fails to complete warranty work on the Service Road within one month after expiry of the warranty (or, in the event that the warranty work is seasonally delayed or reasonably requires more time to complete, fails to within one month after expiry of the warranty provide the Province with a reasonable plan and timetable for completing the warranty work, and thereafter diligently carry out such plan in accordance with such timetable), the Province may upon so notifying the Contractor make other arrangements for performance of the warranty work, and set off the cost of the work against the Payment. The Province shall by April 17June 1, 2010 2012 arrange for the Contractor to have all rights of access to the Service Roads reasonably required for the construction of the Service Roads and the performance of the warranty work, except for the Service Road located at ▇▇ ▇▇▇▇▇▇ ▇▇/▇▇▇▇▇▇▇ ▇▇, as illustrated on Drawing 18-A-12 of Schedule 18 (Technical Requirements), for which the Province shall arrange for the Contractor to have such access by December 31, 2010.

Service Roads. ‌ In addition to and not in substitution for all other obligations of the Contractor under this Agreement in relation to the Service Roads, the Contractor shall: (a) design and construct the Service Roads in compliance with all applicable municipal requirements; (b) complete construction of the Service Roads and open the Service Roads to vehicle traffic, at the times specified in the Project Requirements; and (c) warrant each Service Road to be free from any defect or failure to withstand climatic conditions, maintenance and normal operating conditions, all in accordance with applicable municipal requirements, for a period of two years following the earlier of: (i) the date on which the Service Road is opened to traffic with the approval of the Province acting reasonably; and (ii) the date of Construction Completion. The Province shall, during the warranty period, notify the Contractor of required warranty work as the Province becomes aware of the need for such warranty work, and the Contractor shall diligently perform such warranty work as soon as practicable following receipt of such notice. If the Contractor fails to complete warranty work on the Service Road within one month after expiry of the warranty (or, in the event that the warranty work is seasonally delayed or reasonably requires more time to complete, fails to within one month after expiry of the warranty provide the Province with a reasonable plan and timetable for completing the warranty work, and thereafter diligently carry out such plan in accordance with such timetable), the Province may upon so notifying the Contractor make other arrangements for performance of the warranty work, and set off the cost of the work against the Payment. The Province shall by April 17October 1, 2010 2016 arrange for the Contractor to have all rights of access to the Service Roads reasonably required for the construction of the Service Roads and the performance of the warranty work, except for the Service Road located at ▇▇ ▇▇▇▇▇▇ ▇▇/▇▇▇▇▇▇▇ ▇▇, as illustrated on Drawing 18-A-12 of Schedule 18 (Technical Requirements), for which the Province shall arrange for the Contractor to have such access by December 31, 2010.