HomeMy WebLinkAboutAgreement - Seismic
183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Fax: 888-361-7921
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
2021-04-22
AGREEMENT FOR
SEISMIC PROGRAMS
This Agreement Between:
(the “Applicant”)
And:
COUNTY OF NEWELL
Box 130, Brooks, AB T1R 1B2
(the “County”)
Whereas the Applicant has made application to begin a Seismic Program following location:
The County hereby gives consent to the Applicant to begin a Seismic Program under the following conditions:
NOW THEREFORE this Agreement witnessed that, in consideration of the premises, covenants and
agreements herein contained, the Parties agree as follows;
1. The County does hereby, in consideration of the sum of Three Hundred Dollars ($300.00) paid to the
County by the Applicant, the receipt of which sum is hereby acknowledged, and in consideration of the
covenants and conditions hereinafter set forth, grant transfer unto the Applicant the right, privilege and
licence to lay, construct, operate, and begin a Seismic Program (hereinafter referred to as “program”) by
the applicant at those locations described in the agreement.
2. The Applicant shall have a copy of the seismic agreement available at the work site, at all times.
3. If know at the time of this agreement, please provide contact information of the crew chief for the field
operations, in Schedule ‘A’ at the end of this document.
4. The Applicant shall ensure no damage occurs to the existing Counties’ road allowance, while work is
being performed in the program area, this includes heavy equipment work crossing the Counties’ road
allowance on the way to the program location.
Subd. File: ___________
Dev. Permit: __________
Rural Address: ________
LEGAL: PLAN: BLOCK: LOT:
PHYSICAL ADDRESS:
NAME: MAILING ADDRESS:
PHONE NUMBER: EMAIL:
183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Fax: 888-361-7921
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
2021-04-22
5. In the event that the Counties’ road allowance suffers damage as a result of the Applicants work, the
County shall be notified forthwith and its repair shall be carried out as directed by the Counties’
representative at the Applicants cost.
6. The Applicant shall furnish to the County detailed maps, plans and drawings of the program (hereinafter
referred to as the “Program Plans”) at time of application. Permits will not be issued otherwise.
7. The Applicant shall not begin the program without first obtaining approval of the Program Plans by the
County.
8. If the Applicant plans to lay cables across a County Road Allowance, the following conditions may apply:
a) The Applicant shall contact the Public Works Office at 403-362-3266, 24 hours prior to crossing.
b) In the event of snowfall, the Applicant shall remove any cables across the Road Allowance to
allow for snow removal equipment to perform their operations.
i. Any damage to the above cables due to snow removal operations, will not be the
responsibility of the County.
c) The applicant shall provide signage, indicating to motorists, indicating activity and/or hazards
within the road allowance.
9. The County will not be held responsible for any damage to public or private vehicles due to contact with
the programs cables, and or structures.
10. If the Applicant plans to place shot points within the Counties’ Road Allowance the following conditions
may apply:
a) The applicant must notify the County at 403-362-3266, 48 hours prior to the shot, to inspect the
road surfaces
b) The applicant must notify the County after the shot, to inspect the road surfaces
11. The Applicant does hereby agree that it shall not make or bring any claim, action, suit, proceeding or
demand against the County, it’s elected officials, officers, employees, servants, agents and contractors
with respect to any occurrence, incident, accident or happening relating in any matter whatsoever to this
Agreement and the rights and obligations arising therefrom, which, without limiting the generality of the
foregoing shall include any claim, action, suit, proceeding or demand arising in tort or contract, providing
such claim, action, suit, proceeding or demand is not the result of any wilful act or negligence of the
County, it’s elected officials, officers, employees, servants, agents or contractors.
183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Fax: 888-361-7921
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
2021-04-22
12. The Applicant hereby agrees that it shall indemnify and save harmless the County, it’s elected officials,
officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding
or demand made or brought against the County, it’s elected officials, officers, employees, servants,
agents and contractors by any third party with respect to any occurrence, incident, or happening relating
in any manner whatsoever to this Agreement and the rights and obligations arising therefrom, and which
indemnity shall, without restricting the generality of the foregoing, include all legal costs incurred by the
County in defending such a claim, action, suit, proceeding or demand providing such claim, action, suit,
proceeding or demand is not the result of any wilful act or negligence of the County, it’s elected officials,
officers, employees, servants, agents of contractors.
13. This Agreement shall not be assigned by the Applicant without written consent of the County, which
consent shall not be unreasonably withheld.
14. In the case of default by either of the Parties hereto in carrying out any of the terms, covenants and
provisions of this Agreement, either Party may give fifteen (15) days written notice of such default to the
other. In the event that the Party claimed to be in default does not commence to remedy such default
within the fifteen (15) day period, the other Party may take such steps that are appropriate and necessary
to remedy such default, and the Party in default shall be liable for and pay all reasonable costs and
expenses incurred with respect to the remedying of such default.
15. Any condiment, excusing or overlooking by either Party of any default, breach, or non-observance by the
other Party at any time or times in respect of any covenant, provisions, or condition herein contained
shall not operate as a waiver of the Party’s rights hereunder in respect of any subsequent default, breach
or non-observance by the other Party. No covenant, term or condition of the Agreement or any breach
thereof shall be deemed to have been waived by either Party unless such waiver is in writing and signed
by the Party waiving.
16. This Agreement shall be governed by the laws of the Province of Alberta and the rights and obligations
of the Parties hereto are subject to all present and future laws, rules, regulations and orders of any
legislative body or duly constituted authority now or hereafter having jurisdiction over the Parties or the
subject matter of this Agreement.
17. This agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective
successors and assigns.
18. If the defaulting Party has not remedied or commenced to remedy the default after the expiration of the
fifteen (15) day period set out in Article 27, then the other Party may terminate this Agreement by giving
six (6) months written notice to the defaulting Party.
19. This Agreement contains the entire Agreement between the Parties hereto and no understandings or
agreements, verbal or otherwise, exist between the Parties except as herein expressly set out.
183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Fax: 888-361-7921
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
2021-04-22
20. The Applicant has twelve (12) months to complete the program within the County. If the program has
not commenced prior to the twelve month period, a new seismic agreement will be required.
IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals under the hands of their
proper signing officers in that behalf to give effect to this Agreement the day and year first above written
notwithstanding the actual date or dates of execution.
The above terms accepted by Applicant (please complete the following information):
• Print Name ____________________________
• Signature ____________________________
• Date ____________________________
Approved By: County of Newell Approvals Officer or Designate:
183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Fax: 888-361-7921
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
2021-04-22
SCHEDULE ‘A’ FIELD REP CONTACT INFORMATION Name: Email: Primary contact number: Secondary contact number: