Active Public Use Sample Clauses

Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use (subject to the construction periods contemplated herein) of the Premises and Improvements, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises and Improvements fully and continuously in light of these objectives, consistent with the operation of comparable residential apartment projects, and that it will use commercially reasonable efforts to maximize the County’s revenue therefrom in accordance with this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Sample 1
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Active Public Use. The parties acknowledge that the ultimate objective of this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, along with the generation and realization of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure, temporary interruption as necessary for maintenance and repair, or temporary interruption as necessary to accommodate renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease (collectively, “Operating Covenant Exceptions”)) in light of these objectives, consistent with the operation of comparable facilities, and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Sample 1
Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises and Improvements fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure or due to temporary interruption as necessary for the Renovation Work, maintenance, repair, renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease) in light of these objectives, consistent with the operation of comparable residential facilities, and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease, provided, that Lessee shall self-subsidize the Affordable Units from the rental income available to Lessee from the Premises and there shall be no “rent credits” or “subsidies” provided by County to Lessee for such Affordable Units. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Sample 1
Active Public Use. ‌ 3.3.1 The Parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use of the facilities and amenities located in Xxxx Point Harbor by and for the benefit of the public, without discrimination as to race, gender, religion, or sexual orientation, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will (a) operate the Property and Improvements located thereon fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure, temporary interruption as necessary for maintenance and repair, or temporary interruption as necessary to accommodate renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease (collectively, “Operating Covenant Exceptions”)) to accomplish these objectives and consistent with the operation of other comparable facilities or businesses within the County, (b) not to abandon or vacate the Property at any time, and (c) use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives. 3.3.2 Notwithstanding anything in this Lease to the contrary, the fishing pier identified on Exhibit A-2 shall at all times remain a fishing pier that is open and available to the general public for fishing and associated recreational uses, subject to only those temporary closures as may be necessary from time to time for the limited duration of any required maintenance to be performed by Lessee as and to the extent set forth in this Lease.‌
Sample 1
Active Public Use. The parties acknowledge that the ultimate objective of this Agreement is the complete and continuous use of the Premises by and for the benefit of the public, without discrimination as to race, gender or religion, along with the generation and realization of revenue therefrom. Accordingly, Concessionaire agrees and covenants that it will operate the Premises fully and continuously toward the end that the public may enjoy maximum benefits from the Premises and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Agreement. In the event of any dispute or controversy relating hereto, this Agreement shall be construed with due regard to the aforementioned objectives. However, nothing herein shall require the Premises to be open twenty four (24) hours per day or during such hours as comparable restaurants are not normally open and Concessionaire may, to the extent necessary, close the restaurant to make necessary repairs, renovations or to comply with Applicable Laws.
Sample 1
Active Public Use. The parties acknowledge that the ultimate objective of this Contract is the complete and continuous use of the Premises by and for the benefit of the public, without discrimination as to race, gender or religion, along with generation and realization of revenue therefrom. Accordingly, Concessionaire agrees and covenants that it will operate the Premises fully and continuously toward the end that the public may enjoy maximum benefits from the Premises and it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Contract. In the event of any dispute or controversy relating hereto, this Contract shall be construed with due regard to the abovementioned objectives.
Sample 1
Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Xxxxxx agrees and covenants that it will operate the Premises and Improvements located thereon fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure, temporary interruption as necessary for maintenance and repair, or temporary interruption as necessary to accommodate renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease (collectively, “Operating Covenant
Sample 1
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Active Public Use. The ultimate object of this Agreement is professional, safe, and convenient operation of the Facilities for the benefit of the public, the immediate object of this Agreement being the development and realization of the revenue therefrom. It is agreed that the immediate and ultimate objects of this Agreement are consistent and compatible. Accordingly, Concessionaire covenants and agrees that Concessionaire will operate the Facilities, at a minimum, as detailed below, and as may be amended from time to time by mutual agreement of Landlord and Concessionaire.
Sample 1

Related to Active Public Use

  • Public Use The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered, or otherwise disposed of, remains primarily for public use or benefit.

  • Public Works Installation work which is considered public works is excluded from purchase under this Contract. Historically, the New York State Bureau of Public Works has maintained that installation, maintenance, and repair of equipment attached to any wall, ceiling, or floor, or affixed by hard wiring or plumbing is public work. In contrast, installation of a piece of equipment which is portable or a “plug-in” free-standing unit would not be considered public work. Thus, this Contract does not authorize installation where the equipment becomes a permanent part of the building structure, or is otherwise incorporated into the fabric of the building (e.g. installation on a wall, ceiling, or floor in a fixed location, or affixed by hard-wiring or plumbing). See Xxxxxxxx X, §00 Prevailing Wage Rates – Public Works

  • Firearm and Ammunition Industries (Tex Gov. Code 2274)

  • ONLINE PUBLIC AUCTION PROCESS Bidders may browse through the PAH Website and select the properties they wish to bid online.

  • Enterprise Information Management Standards Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data, Analytics, and Performance. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets.

  • POST PUBLIC AUCTION 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum of Sale and pay the difference between 10% of the purchase price and the deposit paid under clause 3.5 above (“differential sum”) at the office of the Auctioneer within same day from the date of auction, failing which the deposit paid will be forfeited to the Assignee Bank and sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under clause 3.5 above and the differential sum paid under this clause (If any) to the Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person at EHSAN AUCTIONEERS SDN.

  • POST ONLINE PUBLIC AUCTION PROCEDURES 4.1. Successful E-bidders shall and undertake to sign the Memorandum of Sale at the office of the Auctioneer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee bank and the sale will be deemed cancelled/terminated and the property may be put up again for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum of Sale for stamping and thereafter forward the same together with the required deposit paid under Clause 2.4 above and the differential sum paid under this clause (if any) to the Assignee bank. 4.2. Any successful E-bidder who is unable to attend to sign the Memorandum of Sale at the Auctioneer's office may do so by authorising another person to sign the same of his/her behalf by inserting the particulars of the authorised person and furnishing a copy of his/her identity card and also a Letter of Authorisation for this purpose. 4.3. In the event that there is inconsistency between the personal details and the documents uploaded in the PAH Website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum of Sale and may at its discretion cancel the sale and proceed to put up property up for a new auction and the deposit paid shall be forfeited. 4.4. The Memorandum of Sale upon being signed by the Auctioneer, Solicitor for the Assignee bank and the successful Bidder/Authorised agent shall be conclusive evidence of the sale of the property to the successful bidder.

  • ONLINE PUBLIC AUCTION TERMS AND CONDITIONS The Terms and Conditions specified herein shall govern all users of xxxx.xxxxxxxx.xxx.xx. (PAH Website) IMPORTANT

  • Alcohol and Drug-Free Workplace City reserves the right to deny access to, or require Contractor to remove from, City facilities personnel of any Contractor or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City's ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re-entry of any such person previously denied access to, or removed from, City facilities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.

  • Commercially Useful Function A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of XXXX. XXXX’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

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