CONSTRUCTION AND MAINTENANCE AGREEMENT Sample Clauses

CONSTRUCTION AND MAINTENANCE AGREEMENT. “Construction and Maintenance Agreement” means any agreement executed by Authority and Local Agency detailing Facility Work specific to a particular Facility’s Relocation.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. Prior to construction on Railroad Right-of-Way, Applicants must have an executed a C & M Agreement with the Railroad.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. Each Construction and Maintenance Agreement will set forth, among other things, scope of work, schedule, cost, cost apportionment, billing, payment, documentation, documentation retention, accounting and coordination as it relates to Facility Work.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. 95 SECTION 6.15. CHANGES TO CONFIGURATION.......................96 SECTION 6.16. LEASES.........................................96 SECTION 6.17. CHANGE OF OFFICE OR JURISDICTION OF ORGANIZATION.................................96 SECTION 6.18. CHANGE OF NAME.................................97 SECTION 6.19.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. JOINT ANTELOPE VALLEY AUTHORITY BIG T ROADWAY AND BRIDGES; and EAST LEG ROADWAY AND BRIDGES
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CONSTRUCTION AND MAINTENANCE AGREEMENT. In order to proceed with this project, Halton Region is required to enter into a Railway Crossing Improvement/Cost Sharing Agreement with Goderich-Exeter Railway for the construction and maintenance of the crossing improvements. Subject to the appropriate review and approval of the draft agreement by the Director of Legal Services and the Commissioner of Public Works, staff is requesting the authority to enter into the agreement. The estimated cost for the design and construction of the improvements is $229,919. The Region’s portion of 12.5 per cent is $29,246 (including all applicable taxes) and will be funded through project R2514A which has $40,000 as set out in Attachment #2. Future maintenance costs for the barrier arm/crossing signal warning system will be divided equally between Halton Region and the Goderich-Exeter Railway. The Region’s share will be funded through the annual Transportation Roads Operating Budget and is expected to be approximately $3,000 per year.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. The Borrower shall not, and shall not permit any of its Subsidiaries to, (a) make any payments pursuant to Paragraph 11.4 of the C&MA not provided for in the then current Operating Budget, (b) permit any additional capital costs to be incurred in accordance with Paragraph 9.1 of the C&MA not provided for in the then current Operating Budget or from Permitted Sources, (c) include under the Construction Contract (or otherwise become obligated to pay for) equipment and services which are associated with the Project but which are not included in the Submarine System or Segments X-1 and X-2 as contemplated by Paragraph 7.3 of the C&MA unless such obligation is provided for in the then current Operating Budget or unless the Borrower shall have received Dollars from a PTT or shall have Permitted Sources in an amount equal to the obligation to be incurred or (d) vote its interest on the Management Committee except in the best interests of the Borrower and so long as any such decision could not reasonably be expected to have a Material Adverse Effect.
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CONSTRUCTION AND MAINTENANCE AGREEMENT. ‌ When construction work is required on railroad facilities that are not already subject to a highway easement, or when new property rights are acquired, a Construction and Maintenance Agreement is required. This type of agreement also is commonly referred to as a “Railway-Highway Agreement.” This binding agreement between the State and the railroad establishes who will perform the work (i.e., the railroad’s forces or the Department’s contractor). It also sets the method of payment, either actual cost or lump sum. The agreement grants right of entry to the State for construction of the project prior to receipt of an executed easement from the railroad. The agreement contains railroad insurance requirements and a flagging protection clause. These provisions are mandatory when the State’s contractor is to perform work on the railroad right-of-way. The State prepares any easements required by the Construction and Maintenance Agreement, as described in Section 46-2.5. These easements constitute a covenant in the agreement. Representatives of the Utilities Section, the affected railroad, and the District Administrator’s office perform a field review if needed to establish the most satisfactory and economical method of adjustment. The railroad facilities, as shown on the preliminary construction plans, are checked against the actual configuration on the ground to ensure that topography is correctly shown. The review also allows for evaluation of minor changes to the Department’s road design if that will result in a more economical method of adjustment to the railroad facilities. When the plans and work proposals are acceptable to all parties, if needed the railroad submits a formal and complete estimate to the Department. The submission includes detailed plans, establishing the method and manner of the railroad adjustment. The Utilities Section reviews and approves, or requests modifications to, the estimate.
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Related to CONSTRUCTION AND MAINTENANCE AGREEMENT

  • Construction and Maintenance There are on-going maintenance, renovation and construction projects taking place in and around the residences. The work typically takes place during regular business hours, but may begin earlier or extend into evenings or weekends. On-going construction or renovation projects will continue through midterm and final exam periods. The University will take measures to ensure that prudent construction practices are followed, but there may be noise, dust and temporary interruption of some services. Residents may be required to temporarily or permanently relocate to facilitate construction or renovation to their residence area. There will be no compensation or reduction to your residence fees due to disruption and/or relocation.

  • Operation and Maintenance 17.1 O&M obligations of the Concessionaire 17.1.1 During the Operation Period, the Concessionaire shall operate and maintain the Bus Terminal in accordance with this Agreement either by itself, or through the O&M Contractor and if required, modify, repair or otherwise make improvements to the Bus Terminal to comply with the provisions of this Agreement, Applicable Laws and Applicable Permits, and conform to Specifications and Standards and Good Industry Practice. The obligations of the Concessionaire hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Bus Terminal during normal operating conditions. Buses of other state road transport corporations shall be parked inside the Bus Terminal for which no charges shall be payable to the Concessionaire and if any charges are applicable for such parking then it shall be realized by Authority only; (b) minimising incidents affecting the safety and use of the Bus Terminal by providing a rapid and effective response and maintaining liaison with emergency services of the State; (c) carrying out periodic preventive maintenance of the Bus Terminal; (d) undertaking routine maintenance including prompt repairs of ticket counters, Workshops, Authority's Office and other infrastructure as mentioned in the Operation and Maintenance Schedule; (e) undertaking major maintenance such as per the Maintenance Schedule of the major infrastructure in the Bus Terminal; (f) preventing, with the assistance of the concerned law enforcement agencies, any encroachments on the Bus Terminal; (g) protection of the environment and provision of equipment and materials therefor; (h) operation and maintenance of all communication, control and administrative systems necessary for the efficient operation of the Bus Terminal; (i) maintaining a public relations unit to interface with and attend to suggestions from the Users, passengers, government agencies, media and other agencies; (j) complying with Safety Requirements in accordance with Article 18; (k) operation and maintenance of all Project Assets diligently and efficiently and in accordance with Good Industry Practice; (l) maintaining punctuality and reliability in operating the Bus Terminal; and (m) maintaining a high standard of cleanliness and hygiene in the Bus Terminal. 17.1.2 The Concessionaire shall remove promptly from the Bus Terminal all surplus construction machinery and materials, waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Bus Terminal in a clean, tidy and orderly condition,

  • Maintenance Agreement The parties will abide by the terms of the Maintenance Agreement including the capacity to dispute the classification in accordance with the Maintenance Agreement (Information Appendix C).

  • Yield Maintenance Agreement The Trustee is hereby authorized and directed to, and agrees that it shall, enter into the Yield Maintenance Agreement on behalf of the Trust Fund.

  • Installation and Maintenance Except for the bi‐directional and production metering equipment owned by the City, all equipment on Customer’s side of the delivery point, including the required disconnect device, shall be provided and maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of the Customer. The City will bear no responsibility for the installation or maintenance of Customer’s equipment or for any damage to property as a result of any failure or malfunction thereof. The City shall not be liable, directly or indirectly for permitting or continuing to allow the interconnection of the Facility or for the acts or omissions of Customer or the failure or malfunction of any equipment of Customer that causes loss or injury, including death, to any party.

  • Support and Maintenance Where Licensee purchases support and/or maintenance services, Licensee’s initial support and/or maintenance term will begin upon delivery to Licensee of the Licensed Software and continue for one (1) year thereafter (or the length of the term if less than a year for any subscription/term license) unless otherwise specified in the applicable annual support and/or maintenance agreement, Product Order, or other written agreement executed between Licensor and Licensee. Where Licensee purchases support and/or maintenance for any Licensed Software, Licensee hereby agrees that it shall purchase such support and/or maintenance services for all of Licensee’s licensed units of such Licensed Software product. Support and/or maintenance services provided by Licensor will be subject to Licensor’s then current applicable standard annual support and/or maintenance agreement unless otherwise agreed by the parties in writing.

  • Operation and Maintenance Manuals Receipts for transmittal of Operation and Maintenance Manuals, Brochures and Data to the Design Professional (or Commissioning Agent) as required by Section 6.1.1.5.

  • Routine Maintenance, Construction, and Repair The NYISO or Connecting Transmission Owner may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. The NYISO or the Connecting Transmission Owner shall provide the Interconnection Customer with five Business Days notice prior to such interruption. The NYISO and Connecting Transmission Owner shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

  • Operating and Maintenance Costs The Participating Generator shall be responsible for all its costs incurred in connection with operating and maintaining the Generating Units identified in Schedule 1 for the purpose of meeting its obligations under this Agreement.

  • USE AND MAINTENANCE (a) Lessee shall (1) use the Equipment solely in the continental United States and in the conduct of its business, for the purpose for which the Equipment was designed, in a careful and proper manner, and shall not permanently discontinue use of the Equipment; (2) operate, maintain, service and repair the Equipment, and maintain all records and other materials relating thereto, (A) in accordance and consistent with (i) the Supplier’s recommendations and all maintenance and operating manuals or service agreements, whenever furnished or entered into, including any subsequent amendments or replacements thereof, issued by the Supplier or service provider, (ii) the requirements of all applicable insurance policies, (iii) the Supply Contract, so as to preserve all of Lessee's and Lessor's rights thereunder, including all rights to any warranties, indemnities or other rights or remedies, (iv) all applicable laws, and (v) the prudent practice of other similar companies in the same business as Lessee, but in any event, to no lesser standard than that employed by Lessee for comparable equipment owned or leased by it; and (B) without limiting the foregoing, so as to cause the Equipment to be in good repair and operating condition and in at least the same condition as when delivered to Lessee hereunder, except for ordinary wear and tear resulting despite Lessee's full compliance with the terms hereof; (3) provide written notice to Lessor not less than thirty (30) days after any change of the location of any Equipment (or the location of the principal garage of any Equipment, to the extent that such Equipment is mobile equipment) as specified in the Schedule; and (4) not attach or incorporate the Equipment to or in any other property in such a manner that the Equipment may be deemed to have become an accession to or a part of such other property. (b) Within a reasonable time, Lessee will replace any parts of the Equipment which become worn out, lost, destroyed, damaged beyond repair or otherwise unfit for use, by new or reconditioned replacement parts which are free and clear of all Liens and have a value, utility and remaining useful life at least equal to the parts replaced (assuming that they were in the condition required by this Lease). Any modification or addition to the Equipment that is required by this Lease shall be made by Lessee. Title to all such parts, modifications and additions to the Equipment immediately shall vest in Lessor, without any further action by Lessor or any other person, and they shall be deemed incorporated in the Equipment for all purposes of the related Schedule. Unless replaced in accordance with this Section, Lessee shall not remove any parts originally or from time to time attached to the Equipment, if such parts are essential to the operation of the Equipment, are required by any other provision of this Lease or cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value, utility and remaining useful life which the Equipment would have had without the addition of such parts. Except as permitted in this Section, Lessee shall not make any material alterations to the Equipment that diminishes its use or value. (c) Upon forty-eight (48) hours' notice, Lessee shall afford Lessor and/or its designated representatives access to the premises where the Equipment is located for the purpose of inspecting such Equipment and all applicable maintenance or other records relating thereto at any reasonable time during normal business hours; provided, however, if a Default or Event of Default shall have occurred and then be continuing, no notice of any inspection by Lessor shall be required. If any discrepancies are found as they pertain to the general condition of the Equipment, Lessor will communicate these discrepancies to Lessee in writing. Lessee shall then have thirty (30) days to rectify these discrepancies at its sole expense. Lessee shall pay all expenses of a re-inspection by Lessor’s appointed representative, if corrective measures were required.

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