Compliance with Facility Standards. (a) The City shall be responsible for keeping the Ballpark in compliance with the Facility Standards. The City and Club acknowledge that the National Association on occasion conducts inspections of facilities and issues a report concerning whether a facility complies with the Facility Standards. Club shall provide to the City a copy of any such report. In the event the National Association or any other responsible party finds the Ballpark to be out of compliance with the Facility Standards, Club shall provide written notice to the City of any such finding(s). If the portion of the Ballpark that is found to be out of compliance with the Facility Standards is a Capital Maintenance and Repair Item, then any such condition shall be considered an “Out-of-Compliance Condition.”
(b) If the Out-of-Compliance Conditions can be corrected with funds remaining in Club’s Annual Maintenance and Repairs Obligation, Club shall make curing the Out-of- Compliance Condition a priority for use of the funds in Club’s Annual Maintenance and Repairs Obligation and will be responsible for correcting the Out-of-Compliance Condition. If, however, the Out-of-Compliance Condition is not a Capital Maintenance and Repairs Item, Club may request that the City make any modifications necessary to correct the Out-of-Compliance Condition. If, however, the Out-of-Compliance Condition is a Capital Maintenance and Repairs Item but there are insufficient funds available in Club’s Annual Maintenance and Repairs Obligation to correct the Out-of-Compliance Condition, Club shall propose to the City a plan for combining Club funds in an amount equal to the balance remaining in Club’s Annual Maintenance and Repairs Obligation, if any, with the City’s funds and/or resources to correct the Out-of-Compliance Condition. Notwithstanding the foregoing, Club represents and warrants to the City that it is not aware of any areas in which the Ballpark is, as of the date of this Agreement, not in compliance with the Facility Standards, except that the level of field lighting is not adequate for Triple-A baseball, which the Parties anticipate will be cured as a part of the projects described in Section 15.3.
(c) In the event the National Association adopts new Facility Standards after the date of this Agreement, and the new Facility Standards causes the Ballpark to be out of compliance with the Facility Standards, Club shall have the right to request the City to make any modifications that are necessary to bring...
Compliance with Facility Standards. All Chartered Homes shall initially meet and continuously adhere to the standards set forth for the physical building and facilities at Chartered Homes, currently accessible at xxxxx://xxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/facility-standards but subject to modification and relocation by Vanderburgh (Facility Standards), and other standards as defined in this Agreement. The Member shall ensure that each approved Chartered Home remains in compliance with the Facility Standards and other standards throughout the Term of the Charter. Member may be required to, at Member’s sole expense, produce floor plans, design plans, exit plans, safety plans, and other facility-related documentation required for the adherence to safety standards and Vanderburgh’s standards overall. and state building codes and regulations governing the operation of a communal housing resource for individuals in recovery from substance use disorder at the approved Chartered Home.
