2.5a ERMUSR 06-13-2023 - Laserfiche WebLink

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DocuSign Envelope ID: 58FE3CF5-7330-4F18-9C60-B177A84C616D 31. Site, Supervision, and Safety The Sites will be furnished to Distributor by ERMU in its presently existing condition, and Distributor shall leave the Sites in the same condition as it was received, except as otherwise provided herein. Distributor shall be responsible for furnishing proper protection for the health and life of personnel, for the public, for the Work and all materials, machinery, equipment, tools, and supplies used in the performance thereof, and for the property of others. Distributor shall make sure its personnel are informed of dangers associated with electric distribution systems, line facilities, and communications facilities and know how to exercise proper precautions and follow appropriate safety procedures. Distributor shall provide regular and appropriate safety briefings for its personnel and others involved in the Work. Distributor shall provide a competent superintendent who shall be present at all times during working hours to supervise the Work. Distributor shall employ, in connection with the construction of the Work, capable, experienced and reliable foremen and such skilled workers as may be required for the various classes of Work to be performed. Directions and instructions given to the superintendent by ERMU shall be binding upon those doing the Work. Distributor shall at all times take all reasonable precautions for the safety of employees and of the public, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes, as well as the safety rules and regulations of ERMU. The following provisions shall not limit the generality of the above requirements: (a) Distributor shall at no time and under no circumstances cause or permit any employee of Distributor to perform any Work upon energized lines, or upon poles carrying energized lines. (b) Distributor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways. (c) Distributor shall provide and maintain all such guard lights and other protection for the public as may be required by industry standards and applicable statutes, ordinances, and regulations. 32. Termination ERMU may terminate this Agreement, in whole or in part, at any time by written notice to Distributor. In such an event, ERMU shall pay Distributor the contract price for all labor and material costs incurred prior to such termination notice. Upon receipt of a notice of termination of some or all of the Work, Distributor shall discontinue the Work and make every effort to cancel all subcontracts, orders, and other agreements, or portions thereof that involve the terminated Work. ERMU shall not be liable for any damage to any subcontractor in case of termination. Elk River Municipal Utilities 22 Core & Main LP 61