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 the Service Roads to be free from any defect or failure to withstand climatic conditions, maintenance and normal operating conditions for a period of two years following 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 Roads within one month after expiry of the warranty (or, in the event that the warranty work is seasonally delayed, 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 June 30, 2007 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.

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 the Service Roads to be free from any defect or failure to withstand climatic conditions, maintenance and normal operating conditions conditions, all in accordance with applicable municipal requirements, for a period of two years following 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 Roads within one month after expiry of the warranty (or, in the event that the warranty work is seasonally delayed, 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 June 30May 1, 2007 2009 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.