In accordance with this Section 7.1, prior to undertaking any work, Hydro will deliver
a copy of the work plan to the Grantor for its review and comment by the Grantor.
The Grantor will, no more than thirty (30) days after receiving the work plan, provide
to Hydro in writing any comments that it may have, and Hydro will use reasonable
efforts to accommodate any suggestions or requests made by the Grantor to Hydro
provided they do not result in delays, increased costs or technical difficulties.
8.0
RELOCATION OF WORKS DUE TO CHANGE
8.1
If a material change occurs to the Lands, such as erosion, which for any reason makes
the continued use of any portion of the Right of Way Area or the Excluded Right of
Way Area unsuitable for any of the Works, then the Grantor will consent, without
charge, to the relocation and replacement of such Works to a new location on the
Lands, as follows:
(a)
Hydro will before undertaking any work, deliver a work plan to the Grantor
indicating the contemplated relocation of the Works for approval by the
Grantor, which approval will not be unreasonably withheld, delayed or
conditioned;
(b)
Hydro will take into account any likely material effect of the relocated Works
on adjacent lands, and the Grantor will take into account the cost efficiencies
of the location selected by Hydro for the relocated Works in relation to
alternative locations;
(c)
the relocated Works will be covered by the terms and conditions of this
Agreement; and
(d)
provided the Grantor is not responsible for Hydro having to relocate the
Works, Hydro will pay the Grantor any difference between:
(i)
the then current fair market value of the new Right of Way Area, and,
(ii)
the then current fair market value of any area to be removed from the
Right of Way Area, or the Excluded Right of Way Area.
9.0
RELOCATION OF WORKS AT THE REQUEST OF THE GRANTOR
9.1
If the Grantor requires a portion of the Right of Way Area for other purposes, then
upon written request by the Grantor, Hydro will relocate any Works in the Right of
Way Area to a new location on the Lands, provided that:
(a)
the new location is, in the reasonable opinion of Hydro, suitable for use for the
relocated Works considering engineering feasibility, construction,
maintenance and operation, and cost factors;
(b)
the Grantor gives Hydro reasonable notice to permit proper design, planning
and construction of the Works to be relocated;
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