(d)
2.2
(b)
the Grantor will not unreasonably withhold, condition or delay
approval of such work plan, and shall take into consideration
the effect of the proposed work, the cost of the proposed work
compared to the cost of alternate solutions and the extent of the
risk of not undertaking the work. If Hydro and the Grantor
cannot agree on a work plan requested by Hydro within 30
days of receipt by the Grantor of the proposed work plan, then
either party may refer the disagreement to dispute resolution
under Article 14 of this Agreement;
(c)
Hydro will pay compensation for any damage resulting from
the work plan, or from any measure taken by Hydro pursuant to
this paragraph;
(d)
if Hydro determines that an emergency exists or there are
imminent safety concerns, Hydro may, without the approval of
the Grantor, undertake works and take such measures on the
Area of the Works and Area C as are reasonably required to be
taken immediately in order to protect the Works, or to protect
persons or property that may be at risk, and in that event Hydro
will as soon as reasonably possible notify the Grantor; and
generally, do all such other acts or things as may reasonably be necessary or
incidental to the business of Hydro in connection with any of the foregoing.
The rights, liberties and rights of way granted under this Agreement are for so long as
required and will terminate, without compensation to Hydro, when Hydro no longer
requires the Lands, and:
(a)
Hydro gives 90 days written notice to the Grantor; or
(b)
the Grantor gives 90 days written notice to Hydro.
3.0
RIGHT OF WAY AREA
3.1
[IF WORKS CONSTRUCTED] The parties acknowledge that they have made
reasonable efforts to identify all the existing Works and related Right of Way Area as
of the date of this Agreement. However, as there may still be some Works that were
missed in the identification process the parties agree that for such Works the Grantor
grants to Hydro for so long as required, a right of way over those portions of the
Lands upon which such Works are located on the following terms:
(a)
for such Works, Hydro holds the same rights, privileges and obligations as
apply to Hydro for the use of the Right of Way Area, the Area of the Works
and Area C under this Agreement, including the right of reasonable access
over the Lands for the purpose of gaining access to such Works; and
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