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2020-01-27_PERMIT FILE - M2020002
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2020-01-27_PERMIT FILE - M2020002
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Last modified
1/27/2020 3:15:02 PM
Creation date
1/27/2020 2:32:38 PM
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Template:
DRMS Permit Index
Permit No
M2020002
IBM Index Class Name
PERMIT FILE
Doc Date
1/27/2020
Doc Name
Completeness Response
From
ARY Corp.
To
DRMS
Email Name
DC1
Media Type
D
Archive
No
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the other party. Notwithstanding the termination of this Agreement,the provisions of <br /> this Agreement, the provisions respecting liability and indemnification, to the extent of <br /> liabilities may have accrued prior to the termination, and provisions respecting <br /> settlement of accounts, shall remain in full force in accordance with their terms. All <br /> applicable County Roads on the Haul Route shall be restored and returned to original or <br /> better condition by the completion date set forth in this paragraph. The County may, at <br /> its discretion, extend the completion date and County Road restoration requirement <br /> upon good cause shown by the Company. Approval of a request from the Company to <br /> extend the completion date shall not be unreasonably withheld by the County. <br /> 4. COUNTY ROAD USE / HAUL ROUTE. The Company shall cooperate <br /> with the County to establish a Haul Route which shall be the designated County Road <br /> or Roads used by the Company to move goods, equipment, and materials for the <br /> Project. Upon agreement the Haul Route shall be identified on Exhibit A attached <br /> hereto and incorporated by reference. Use of the Haul Route by the Company may <br /> commence following a pre-inspection of the proposed route and a written report from <br /> the County as to the current condition of the road (which shall serve as the "original" <br /> condition for purposes of this Agreement) and the County expectations; such report to <br /> be issued within seven (7)days of the pre-inspection. The pre-inspection shall be done <br /> by the County Road Supervisor, and / or his designee, and a representative of the <br /> Company at a mutually agreed time within thirty (30) days before the planned start of <br /> construction. The pre-inspection shall include a video of the then condition of the <br /> County Road or Roads prior to use by the Company and instructions by the County <br /> Road Supervisor as to how the road must be maintained. The pre-inspection shall also <br /> include a list of restrictions as to the use of any of the involved County Roads by <br /> Company commercial vehicles (the restrictions shall not apply to personal vehicles and <br /> other light-duty vehicles). Upon commencement of the Project the County and <br /> Company shall conduct regular weekly inspections of the Haul Route and determine the <br /> condition and repairs that may be needed to keep the Haul Route roads in safe <br /> condition. Work by the Company shall not commence until the Company has furnished <br /> to the County Road Supervisor a complete construction schedule. Changes in the <br /> construction schedule shall be regularly updated to the County. <br /> In the event that the Haul Route is to be used by another company, or project, <br /> during the term of this agreement, the Company commits to engage in good faith <br /> negotiations to reach a multi-company agreement,with the County, to mutually allocate <br /> responsibilities and liabilities between the respective Companies or Projects. <br /> The Company shall only use the Haul Route Roads to move / haul goods, <br /> equipment, and materials related to the Project using commercial vehicles. The County <br /> and the Company agree to cooperate in the installation or placement of speed and other <br /> signage along the Haul Route, as determined by the County Sheriff and County Road <br /> Supervisor. The County agrees that the speed on the Haul Route shall not exceed 45 <br /> miles per hour unless otherwise determined by the Lincoln County Sheriff after <br /> consultation with the County Road Supervisor. Signage may be required to state the <br /> ActiveUS 175104252v.1 <br />
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