CITY COVENANTS. CITY covenants and agrees:
(a) to provide all available information, data, reports, records and maps to which CITY has possession or control which are necessary for CONSULTANT to perform the scope of services provided for herein;
(b) to provide reasonable assistance and cooperation to CONSULTANT in obtaining any information or documentation which are necessary for CONSULTANT to perform the scope of services provided for herein;
(c) to designate a representative authorized to act on the CITY’s behalf with respect to the project. Unless otherwise provided, said CITY representative shall be the Director of Public Works;
(d) to permit access to the subject public property and obtain permission to access necessary private property for CONSULTANT to complete the scope of services;
(e) to provide reasonable assistance to CONSULTANT in applying for and obtaining any necessary Federal, State or local government permits for the scope of services;
CITY COVENANTS. CITY covenants and agrees:
(a) to provide all available information, data, reports, records and diagrams to which CITY has possession or control which are necessary for CONTRACTOR to perform the scope of services provided for herein;
(b) to provide reasonable assistance and cooperation to CONTRACTOR in obtaining any information or documentation which are necessary for CONTRACTOR to perform the scope of services provided for herein;
(c) to designate a representative authorized to act on the CITY’s behalf with respect to the project. Unless otherwise provided, said CITY representative shall be the Dalton City Information Technology Director;
(d) to permit access to the subject property virtually and obtain permission to extend temporary access necessary for CONTRACTOR to complete the scope of services;
(e) to provide reasonable assistance to CONTRACTOR in registering subject equipment to the manufacturer for the scope of services;
CITY COVENANTS. 1. The City shall provide primary promotion/marketing/communication services for City-sponsored events and shall work cooperatively with ARFOP staff to promote/market/communicate City-sponsored events that benefit the OPABG, DRCF and OPPA. (See Marketing and Communication Services per Section III.1)
2. The City shall provide secondary promotion/marketing/communication services for ARFOP-sponsored events and shall work cooperatively with ARFOP to promote/market/communicate ARFOP-sponsored events that benefit the OPABG, DRCF and OPPA. (See Marketing and Communications Services per Section III.1)
3. Subject to the City first providing its written consent pursuant to Section III.5. below, the City shall provide, as is practical and reasonable and at no cost, the use of City facilities, including the OPABG, DRCF, and other City-owned facilities for promotion of ARFOP’s mission and objectives and raising funds and donations. Provided, the funds raised are used to promote/market/communicate or support programs, projects and events offered by the City or those programs, projects and events supported by the City that provide cultural arts opportunities and recreational activities for the residents of and visitors to the City.
4. The City shall make available at no cost office space for the ARFOP staff.
5. The City shall pay ARFOP the equivalent value for a Worker’s Compensation policy for ARFOP staff and volunteers. ARFOP shall be required to separately contract for and purchase said policy.
6. The City shall maintain and annually provide to ARFOP a prioritized and approved list of donor projects consisting of capital and operational programs, projects and events in need of ARFOP funding and assistance with dates and timeframes to build the capital projects and institute the programs and events (the “Project Funding List”).
7. During the term of this Agreement, the City, at its cost and expense, shall obtain and continuously maintain insurance for General Liability, Automobile Liability, and Workers’ Compensation and Employer’s Liability. Upon request, the City will provide ARFOP with a Certificate of Insurance verifying the above insurance coverages.
CITY COVENANTS. The City makes the following covenants to GEC and the Tribe:
(i) While this Option Agreement is in effect, the City will neither negotiate nor enter into any back up contract for the sale of any portion of the Land or improvements thereon.
(ii) While this Option Agreement is in effect, the City shall not enter into any new leases or other rights of occupancy with respect to any portion of the Land or improvements thereon for a term expiring any time on or after Closing (it being expressly agreed, for purposes of clarification, that the City shall be permitted to enter into any new leases or occupancy agreements for parking and temporary entertainment events (e.g., carnivals, car and/or boat shows, food, cultural and convention-related events) only, provided the same expire, otherwise terminate prior to, or no longer affect the Land as of, Closing), except that the City may enter into (i) any amendment or other modification of the Amtrak Lease to extend and continue the term of the existing Amtrak Lease post- Closing without the prior approval of GEC and the Tribe so long as Amtrak’s rights to parking spaces on the Land or otherwise within the Project do not exceed 103 reserved spaces for Amtrak’s use, including use by customers and passenger buses, provided that the City will use commercially reasonable efforts to obtain Amtrak’s agreement to relocate one or more of such parking spaces to locations proximate to the Amtrak station (which spaces shall be located on the Land) so long as such parking spaces are provided by GEC and the Tribe at no cost to the City and, at the City’s election, at no cost to Amtrak or its customers or other end users, as more fully set forth in Section 4.6(b)(iii) below, it being agreed that, during construction of the Project only, GEC and the Tribe shall be permitted to temporarily provide such 103 reserved spaces in a location not located on the Land but reasonably proximate to the Amtrak station so long as GEC and the Tribe provide a professional shuttle service at all times or at such times as reasonably agreed to by the parties between such temporary spaces and the Amtrak station, at no cost to the City, Amtrak, its customers or other end users, and (ii) any amendment or other modification of the Tides Lease (hereinafter defined) so long the Tides Lease will not affect the Land post- Closing.
(iii) The City agrees to assist GEC and the Tribe with any applications for any City approvals required herein. GEC and the Tribe ack...
CITY COVENANTS. CITY shall forebear proceeding with the foreclosure of the CITY’S Claim Of Lien during the term of this Agreement.
CITY COVENANTS. City, and its successors or assigns, covenants that during the Term:
(a) City shall not offer any financial incentives to or assist in establishing or locating any other professional baseball franchise within City. As used in this section “financial incentives” includes without limitation, cash payments, tax abatements, transferring interests in real estate or personal property, loans, guarantees, or any other form of financial accommodations. The Parties agree that the above restrictions are necessary to allow this transaction to be economically viable for the Parties, and that without these restrictions, the Parties would not be able to accomplish the goal of bringing a Double A Minor League baseball franchise to City for the benefit of the public.
CITY COVENANTS. Section 11(a) of the Agreement is hereby deleted and replaced with the following Sections 11(a) and (b), and the remaining subsections of Section 11 shall be relettered accordingly:
CITY COVENANTS. The City agrees to provide, as is practical and reasonable and at no cost, the use of facilities for the promotion of ARFOP’s mission and objectives and raising funds and donations, provided the funds raised are used to support programs, projects and events offered by the City or those programs, projects and events supported by the City that provide cultural arts opportunities and recreational activities for the residents of and visitors to the City.
CITY COVENANTS. The City shall provide notice to the Consumer of its intention to undertake routine maintenance of the delivery system.
CITY COVENANTS. 5.4.1 City shall comply with applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. City shall comply with any City permit issued in connection with the Fiber Optic Infrastructure within the public right-of-way. City shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of City's Infrastructure.
5.4.2 City shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf in, on or about the Leased Infrastructure, Additional Leased Infrastructure or Lessee's Infrastructure, which is prohibited by or will in any way conflict with any laws now in force or which may hereafter be enacted or promulgated. However, if any laws, rules, ordinances, resolutions or other regulations which are enacted or promulgated by a governmental entity (other than the City) after the Effective Date of this Agreement materially (a) change the economics of this Agreement, or (b) interfere with Lessee's or Lessor's rights provided hereunder, City shall provide Lessee sixty (60) days notice of the required change and if the Lessee does not agree to comply, City shall have the right to terminate this Agreement without penalty.
