Other Terms and Conditions 1. The foregoing requirements are terms and conditions of service, pursuant to Section 16 of The SaskEnergy Act , and constitute an integral part of SaskEnergy’s Terms & Conditions of Service Schedule. 2. The Grantee shall arrange for locates through Sask 1st Call prior to commencing a Ground Disturbance. A minimum of two full working days notice to SaskEnergy is required. 3. SaskEnergy has the right, but not the obligation, at its sole discretion, to have a field representative onsite during the Work. 4. Absent an agreement in writing, any Work or Installations within the Right of Way or 1.5 metres of the Pipeline where no Right of Way exists, which is not expressly allowed herein, is prohibited and is deemed undertaken without SaskEnergy consent. 5. SaskEnergy will take reasonable care to avoid unnecessary damage to Work and Installations within the Right of Way or 1.5 metres of the Pipeline where no Right of Way exists, where such Work or Installations are authorized herein. SaskEnergy will pay reasonable damages to the owner, lessee of the land, or other person who is/are entitled for damage to Work or Installations in contravention of this clause. 6. Notwithstanding anything herein, SaskEnergy reserves all rights of ingress or egress, and other rights with respect to its Pipeline or Right of Way which would otherwise exist at law. 7. SaskEnergy will continue to identify any Work or Installation encroaching on a Right of Way, or within 1.5 metres of the Pipeline where no Right of Way exists, as encroachments, notwithstanding this Permission. Compliance with these conditions will not eliminate the encroachment itself, but will best ensure that removal of that encroachment is not required for safety or other reasons. Grantee performs any Work or Installations within the Right of Way, or within 1.5 metres of the Pipeline where no Right of Way exists, at its own risk. 8. Notwithstanding anything herein, any Work or Installations within a Right of Way or within 1.5 metres of the Pipeline where no Right of Way exists may be removed by SaskEnergy at the Grantee or owner’s expense if access is required to construct, inspect, maintain, alter, replace or repair the Pipeline or, if in the opinion of SaskEnergy the Work or Installation is or becomes a safety hazard, in SaskEnergy’s sole discretion. 9. All distances and locations are relative to the Pipeline not the line locate marker. Line locate markers (flags, stakes or paint) are deemed accurate if placed within one metre horizontal distance from the Pipeline, pursuant to Section 57 of The SaskEnergy Act. Exposure of the Pipeline by hand or hydro-vac is required to determine its precise location. 10. If the pipeline is exposed the person undertaking the Work shall ensure that the Pipeline is supported in order to prevent damage to the Pipeline during backfilling and any subsequent settlement of the ground. 11. By proceeding with the Work, the Grantee agrees that the Grantee, its servants, agents, contractors or employees shall be bound by and comply with the terms and conditions contained herein. 12. By proceeding with the Work, Grantee represents that it is the owner of the property or authorized by the owner to bind the owner of the property as owner’s agent. 13. The Grantee shall be liable to SaskEnergy for all loss, damages and expenses which SaskEnergy may suffer, sustain, pay or incur and shall indemnify and save harmless SaskEnergy against all actions, proceedings, claims, demands, and costs which may be brought against or suffered by SaskEnergy or which it may sustain pay or incur, by reason of any matter or thing arising out of or attributable to willful misconduct, any negligent act or omission or any breach of the terms and conditions herein by Grantee, its principals, servants, agents, contractors or employees. SaskEnergy shall be liable to Grantee for all loss, damages and expenses which Grantee may suffer, sustain, pay or incur and shall indemnify and save harmless Grantee against all actions, proceedings, claims, demands, and costs which may be brought against or suffered by Grantee or which it may sustain pay or incur, by reason of any matter or thing arising out of or attributable to willful misconduct, any negligent act or omission or any breach of the terms and conditions herein by SaskEnergy, its principals, servants, agents, contractors or employees. 14. In the event that SaskEnergy’s facility suffers contact damage or other damage as a result of the Grantee’s work, SaskEnergy shall be notified forthwith and its repair shall be carried out as directed by SaskEnergy at the Grantee’s cost. 15. The Grantee shall remove and dispose of all SaskEnergy stakes once the Work is completed. 16. Unless otherwise defined herein, all capitalized terms shall have the meaning given to them in the Terms & Conditions of Service Schedule. 17. Each party shall at all times comply with any and all applicable codes, statutes, laws, regulations, permits, licenses, orders and directions of any governmental authority from time to time in force. The minimum applicable technical standards therein shall apply to both parties unless more stringent standards are provided for in this Appendix. If compliance with any provision of this Appendix would result in violation of any applicable codes, statutes, laws, regulations, permits, licenses, orders and directions of any governmental authority, such code, statute, law, regulation, permit, license, order and direction of any governmental authority shall prevail and this Appendix shall be deemed to be amended accordingly. 18. In the event of a conflict between this Appendix and the Terms and Conditions of Service Schedule this Appendix shall govern. In the event of a conflict between paragraphs 1 to 19 of Other Terms and Conditions and the remainder of this Appendix, the Other Terms and Conditions shall govern. In the event of a conflict between this Appendix and a written Easement, Right of Way or permission to construct agreement, the written agreement shall govern. Provided that, if consent of SaskEnergy would be otherwise required, no damages shall be payable by SaskEnergy with respect to Work or Installations authorized herein except in accordance with the terms hereof.
SaskEnergy Terms and Conditions of Service – Appendix F
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