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A-2004-182
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ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
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A-2004-182
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Last modified
1/3/2012 2:32:52 PM
Creation date
1/25/2005 10:32:36 AM
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Contracts
Company Name
e County Transportation Authority
Contract #
A-2004-182
Agency
Public Works
Council Approval Date
9/7/2004
Expiration Date
7/31/2014
Destruction Year
2019
Notes
A-2002-147
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<br />. . <br /> <br />Liq'msee on the Facility or the License Property shall be performed: (a) at Licensee's sole <br />cost and expense; (b) in accordance with any and all applicable laws, rules and <br />regulations (including aCTA's rules and regulations); and (c) in a manner which is (i) equal <br />to or greater than the then applicable standards of the industry for such work, and (ii) <br />reasonably satisfactory to aCTA. Licensee shall prepare detailed work plans (the 'Work <br />Plans") setting forth any and all construction, reconstruction, installation, restoration, <br />alteration, repair, maintenance, replacement, removal and landscaping (hereinafter, <br />"Construction Work") Licensee plans to perform on the License Property. Such Work <br />Plans shall be submitted to aCTA for its review and approval prior to any work being <br />performed, and shall be developed, altered and/or changed so as to meet the <br />requirements of aCTA. Licensee shall not perform, nor cause any of Licensee's Parties <br />to perform, any Construction Work on License Property until it has received written <br />approval of the relevant Work Plans from OCTA. Changes to approved Work Plans are <br />allowed hereunder. However, all such changes must be reviewed and approved in writing <br />by aCTA prior to their implementation. Any Construction Work to be performed on the <br />License Property must be carried out pursuant to Work Plans or changes approved in <br />writing by aCTA. In no event shall approval by aCTA of any plans for any Construction <br />Work be a representation that any such plans comply with any applicable laws nor shall <br />aCTA bear any liability or responsibility for the work performed on the License Property. <br />Licensee shall comply with all laws applicable to any Construction Work, and shall be <br />solely responsible for obtaining all required approvals and permits for the same and for <br />any liability for the same. <br /> <br />4.2. Initial Construction of Facilitv. With respect to the initial construction and <br />installation of the Facility, Licensee shall ensure that neither it nor any of Licensee's <br />Parties shall enter upon the License Property until Licensee and each of Licensee's <br />Parties which plan to enter the License Property have met all of the requirements of <br />SCRRA and aCTA, which may include a requirement that each of such Licensee's Parties <br />enter into a written right-of-entry agreement with SCRRA and aCTA. Licensee's request <br />for such SCRRA and aCTA requirements shall be made in writing and must be delivered <br />to SCRRA and aCTA, at the addresses set forth in Items 8 and 9 of this Agreement's Part <br />I, at least ten (10) working days prior to any of Licensee's Parties proposed entry onto the <br />License Property. Said notice to SCRRA is not required for work on the License Property <br />performed by SCRRA at the behest of Licensee. <br /> <br />4.3 Work Performed After Initial Construction. Except for emergency work and <br />normal day-to-day maintenance work, the provisions of Sections 4.1 and 4.2 of this <br />Agreement's General License Provisions shall also apply to all work performed on the <br />Facility or the License Property after the initial construction and installation of the Facility. <br />In cases of emergency, Licensee shall notify aCTA's representative personally or by <br />phone and obtain authorization prior to commencing such work. Normal, day-to-day <br />maintenance work on the Facility or the License Property may be performed by Licensee <br />or authorized Licensee's Parties without written notice to aCTA or SCRRA, without Work <br />Plans and without Work Plan approval by aCTA (subject to the other provisions of this <br />Agreement), so long as Licensee and its authorized Licensee's Parties performing such <br />day-to-day maintenance; (i) have previously met aCTA's and SCRRA's requirements as <br /> <br />Page 2 of 7 <br />
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