05-17-2018
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05-17-2018
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6 <br />ARTICLE III. RIGHT OF SITE ACCESS Section 3.01 RIGHT OF SITE ACCESS FOR INSPECTION. To ensure the Metro Flood Diversion Authority is able to properly monitor and ensure proper completion of the Utility Location Project, the Metro Flood Diversion Authority shall be permitted in, on, over, and <br />across any and all Sites and shall have the right to access, enter, and inspect any Site on which Work has been done, is being done, or will be done as part of the Utility Location Project; <br />provided, however that the Metro Flood Diversion Authority shall notify the Utility pursuant to Section 3.04 herein and agrees to allow a Utility representative to be present at any and all Sites for any and all inspections conducted by the Metro Flood Diversion Authority. <br /> Section 3.02 RIGHT OF SITE ACCESS FOR DCAI CONSTRUCTION. To ensure the Metro Flood Diversion Authority is able to proceed with construction of the DCAI in a timely and <br />efficient manner, the Utility consents to the Metro Flood Diversion Authority’s use of a Site <br />for the construction of the DCAI. <br /> <br />Section 3.03 NON-REVOCABLE RIGHT OF THE METRO FLOOD DIVERSION AUTHORITY. <br />Nothing herein shall be construed as limiting or providing for the termination of the rights of access described herein as it pertains to the Metro Flood Diversion Authority. Section 3.04 NOTICE. The Metro Flood Diversion Authority shall provide at least <br />forty-eight(48) hour-notice before accessing a Site for the purposes described in Section 3.01. <br />Section 3.02 and Section 5.10, except for an instance in which the purpose for Site access described in Section 3.01, Section 3.02 or Section 5.10, arises from an event or occurrence the Metro Flood Diversion Authority reasonably believes may cause damage or pose a risk to the DCAI.. <br /> Section 3.05 DELAY FOR SAFETY PURPOSES. If the Metro Flood Diversion Authority attempts to exercise the rights of access described in this Article, but doing so would pose a safety hazard in the discretion of the Utility, the party shall be kept from accessing, entering, or inspecting the Site in question only for as long as is reasonably required to make the Site safe for <br />access, entry, and inspection. <br /> <br />Section 3.06 NOTICE OF RETURN. In the event that the Metro Flood Diversion Authority cannot access, enter, or inspect a Site for safety reasons, as described in Section 3.05, the party denied access shall provide the Utility with written notice of the date and time on which access, entry, and inspection must be allowed. If the time between the unsuccessful attempt to enter, access, or inspect and the subsequent attempt to enter, access, or inspect the same Site is less than forty-eight (48) hours, no formal notice shall be necessary. <br /> ARTICLE IV. REQUIRED REPORTS Section 4.01 REQUIRED REPORTS. The Utility will prepare any reports, analysis, or other information and materials reasonably related to the Natural Gas Transportation
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