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representative or, if no representative has been designated, to the chief engineer or equivalent.
<br /> Any verbal communication of a Discovery shall be followed by written notice.
<br /> Documentary Evidence means all documentation, including without limitation,
<br /> photographs, maps, or Owner's records, showing installation, maintenance or operation of
<br /> facilities by Owner or its predecessors in interest that is provided by Owner to support Owner
<br /> claims of rights by prescription, adverse possession or other legal theory established by use.
<br /> Environmental Laws means all federal, state, county, municipal, local and other statutes,
<br /> laws, ordinances, and regulations that relate to or deal with human health and the environment,
<br /> as may be amended from time to time, and which govern handling of materials necessary for or
<br /> generated by Utility Work and/or mandate removal of materials as a result of conditions
<br /> discovered at the Utility site.
<br /> Environmental Work means tasks, duties and obligations necessary to comply with
<br /> Environmental Laws.
<br /> Excluded Environmental Work has the meaning prescribed to it in Article 7(c)(iii).
<br /> Force Majeure means fire; explosion; action of the elements; strike; interruption of
<br /> transportation; rationing; shortage of labor, equipment or materials; court action; illegality;
<br /> unusually severe weather; act of God; act of war; terrorism; or any other cause that is beyond
<br /> the control of the Party performing Utility Work on a Relocation (including the failure of the other
<br /> Party (including its Contractors), a relevant permitting authority, or any other third-party
<br /> contractor, to perform any task that is prerequisite to the Party claiming Force Majeure timely
<br /> performing under this URA) so long as that cause could not have been prevented by that Party
<br /> while exercising reasonable diligence.
<br /> Hazardous Materials means petroleum products and fractions thereof, asbestos,
<br /> asbestos-containing materials, polychlorinated biphenyls, medical waste, radioactive materials,
<br /> solid waste, and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals,
<br /> substances and wastes listed or identified in, or regulated by all applicable Environmental Laws,
<br /> and any excavated soil, debris, or groundwater that is contaminated with such materials.
<br /> Incidental Utility Work means tasks performed by any Party that (i) are duplicative of
<br /> Utility Work undertaken by the Designing or Constructing Party's Contractors (such as design
<br /> review where the Designing Party's Contractor has created the design), including without
<br /> limitation, each of the items referenced in (ii); or (ii) are staff or consultant time expended on:
<br /> exchange and review of documentation with respect to identifying Utilities or unidentified
<br /> utilities; meetings, whether internal or with the other Party or other affected utility owners,
<br /> jurisdictions, federal and state agencies, organizations or special districts or other affected third
<br /> parties; procurement of and coordination with Contractors; coordination and interfacing of
<br /> Owner's Relocation schedule with the Project design and construction schedules; cooperation
<br /> with one another's staff or Contractors or with other Project stakeholders (including other
<br /> affected utility owners, jurisdictions, federal and state agencies, organizations or special
<br /> districts); preparation, negotiation and execution of Work Orders and Work Order exhibits;
<br /> review of legal descriptions; review and acceptance of Relocation Plans; and construction
<br /> inspection and acceptance. Neither Party shall be reimbursed for costs incurred or time
<br /> expended in performing Incidental Utility Work.
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