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-4- <br /> of good cause by the Company. Should the County, in its sound discretion, not extend <br /> the completion date, the Company shall pay a penalty of One Thousand Dollars <br /> ($1,000.00) per day for each day past the completion date until restoration work is <br /> complete. If the Company has not commenced the restoration work before the <br /> completion date, the County may contract a third party to perform the road restoration. <br /> In that event,the County shall pay the reasonable cost of the third party's work from the <br /> Performance Guarantee, and the daily monetary penalty shall cease as of the date the <br /> County retains the third party. Notwithstanding the foregoing,the Company shall not be <br /> liable under this section if restoration work extends beyond the completion date if such <br /> delay was associated with circumstances caused by the County or within the County's <br /> control. <br /> 6. CHANGES IN RESTRICTIONS. If after commencement of the Project <br /> and the use of the Haul Route by the Company,the County reasonably determines that <br /> it is necessary to impose further restriction on the Company in the interest of public <br /> safety, the County shall consult with the Company to determine the details of such <br /> restrictions. Thereafter,the parties shall set forth, in writing,the reasonable specifics of <br /> the further restrictions imposed on the Company. The County may also require an <br /> increase in the Performance Guarantee if public safety circumstances so require. <br /> Restrictions, or changes in restrictions, as to any County Road designated in the Haul <br /> Route are set forth in Exhibit B, attached hereto and incorporated herein by reference. <br /> 7. INTERMEDIATE AND EMERGENCY INSPECTIONS. In addition to the <br /> regular weekly inspections, as described in paragraph 4 above,the County may request <br /> immediate emergency inspections when it is determined by the County that a condition <br /> exists in the subject County Road or Roads that creates a safety risk to the public. The <br /> County may, in emergency situations, and acting reasonably, and without giving any <br /> notice to the Company as required elsewhere in this Agreement,take immediate and all <br /> action necessary to complete repairs to the Haul Route Road or Roads, or require that <br /> the Company take immediate and all action necessary to complete repairs to the Haul <br /> Route Road, or Road, that the County deems necessary for public safety. As to <br /> whether an emergency situation exists,which situation could place human life and/or <br /> property in danger, shall be determined by the County through mutual consultation <br /> between the Lincoln County Sheriff, the County Commissioner of the subject District, <br /> and the Road Supervisor of the subject District. Every effort will be made to notify the <br /> Company when an emergency situation arises. The Company shall, provided that the <br /> weather and weather-related conditions permit, complete any necessary repairs or <br /> repairs which pose a risk to the motoring public within three(3) business days of being <br /> notified by the County of the need for such repairs. The Company acknowledges that <br /> the Haul Route, may be temporarily closed to Company travel until repairs are <br /> completed should the County determine that the condition of the Roads is a safety <br /> hazard to vehicles traveling on the Roads. <br /> -5- <br /> ActiveU5175104252v.1 <br />