Laserfiche WebLink
Right of Way for any purpose, and if, in the reasonable judgment of the Grantor, the <br />System interferes with such construction, installation or use to the extent that it is <br />impracticable or substantially more expensive to accomplish such construction, <br />installation or use, or that such construction, installation or use may pose a hazard <br />because of the location, existence or use of the System, Grantee shall (after advance <br />notification from Grantor ais discussed herein) have the obligation to either, in <br />Grantee's sole discretion, (a) protect, modify or relocate the System at the sole cost <br />and expense of Grantee, so as to remove the interference or hazard to Grantor's <br />satisfaction, or (b) to reimburse Grantor for its added costs of design, construction <br />and installation to avoid such interference or hazard. In the event Grantor intends to <br />undertake any such construction and installation, Grantor shall give Grantee at least <br />six (6) months advance written notice of such intention together with preliminary <br />plans and specifications for such work, identifying the potential interference or <br />hazard and all design information relating thereto. In no event shall such notice and <br />plans be given less than six (6) months prior to the scheduled commencement of <br />work. <br />Within one month after receiving such notice from the Grantor or such other time <br />frame specified by Grantor's written notice, Grantee shall give written notice to <br />Grantor by which notice Grantee will elect to (a) protect, modify or relocate the <br />System, or (b) reimburse Grantor for its added costs. If the Grantee elects to protect, <br />modify or relocate the System it shall commence work promptly and diligently <br />prosecute such work to completion prior to the scheduled date of commencement <br />of Grantor's construction. If Grantee elects to pay Grantor's added costs, Grantee <br />shall give Grantor satisfactory assurance of payment of such costs at the time such <br />notice of election is given. If Grantee does not so elect one of the above -described <br />options by giving Grantor the required notice, Grantor shall be entitled to make such <br />an election on behalf of Grantee. Grantee agrees that this election shall be binding <br />upon Grantee and have the same effect as if made by Grantee. If Grantor so elects <br />option (a) described herein or if Grantee elects option (a) and fails to commence and <br />prosecute its work as contemplated herein, Grantor may, at its option, undertake <br />such work on behalf of Grantee as Grantor deems necessary pursuant to option (a) <br />and Grantee shall promptly pay Grantor for all costs incurred by Grantor in <br />performing such work. <br />11. Access: <br />Grantee shall design, construct, maintain and use the System in such fashion as to <br />permit reasonable and continuous access to the Right of Way in all directions, and in <br />such fashion as to accommodate and support vehicular travel over and across any of <br />Grantee's improvements, including travel by cranes and trucks with heavy loads. <br />Grantee shall at all times keep the Right of Way free and clear of all obstructions and <br />