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 a. 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. RFP No. XXX 00-00 - Xxxxxxxx Xx. 0 - 00/00/0000
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CONSTRUCTION AND MAINTENANCE AGREEMENT. JOINT ANTELOPE VALLEY AUTHORITY BIG T ROADWAY AND BRIDGES; and EAST LEG ROADWAY AND BRIDGES JOINT ANTELOPE VALLEY AUTHORITY FEDERAL AID PROJECT CM-55(144), CONTROL NO. 11215e, BIG T ROADWAY AND BRIDGES; and PROJECT STPC-5257(1), CONTROL NO. 00000x, XXXX XXX XXXXXXX AND BRIDGE. THE BNSF RAILWAY COMPANY THE CITY OF LINCOLN, NEBRASKA, A POLITICAL SUBDIVISION OF THE STATE OF NEBRASKA THE JOINT ANTELOPE VALLEY AUTHORITY (JAVA), A JOINT ADMINISTRATIVE ENTITY CREATED UNDER THE NEBRASKA INTERLOCAL COOPERATION ACT (NEB. REV. STAT. § 13-801 ET.SEQ.) BY AGREEMENT OF APRIL 15, 2000 AS AMENDED (JAVA INTERLOCAL AGREEMENT) BETWEEN THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA, A PUBLIC BODY CORPORATE AND GOVERNING BODY OF THE UNIVERSITY OF NEBRASKA (UNIVERSITY), THE CITY OF LINCOLN, NEBRASKA, A MUNICIPAL CORPORATION (CITY), AND THE LOWER PLATTE SOUTH NATURAL RESOURCES DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF NEBRASKA (LPSNRD) FOR THE PURPOSES OF IMPLEMENTING THE PHASE ONE PRIORITY PROJECTS OF ANTELOPE VALLEY AMENDED DRAFT SINGLE PACKAGE. This Amendment No. 2 to the Construction and Maintenance Agreement, dated October 5, 2004, is made by and between the Burlington Northern Santa Fe Railway Company, hereinafter referred to as the “Railroad” and sometimes referred to as the “BNSF”, the City of Lincoln, Nebraska, a political subdivision of the State of Nebraska, hereinafter referred to as the “City” and the Joint Antelope Valley Authority, hereinafter referred to as “JAVA”, a joint entity created through interlocal agreement to implement and coordinate the design, development, right-of-way acquisition and construction of the Antelope Valley Roadway and Bridge Projects, Antelope Creek Channel Improvement Projects and Antelope Valley Community Revitalization components.
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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. 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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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. FINANCIAL/PROGRAM IMPLICATIONS 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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Related to CONSTRUCTION AND MAINTENANCE AGREEMENT

  • Operation and Maintenance 17.1 O&M obligations of the Concessionaire

  • 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.

  • 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 OF COMMON AREAS During the Term, Landlord shall operate all Common Areas within the Building and the Project. The term “Common Areas” shall mean all areas within the Building, Project and other buildings in the Project which are not held for exclusive use by persons entitled to occupy space.

  • Installation and Maintenance of Meters The Servicer shall cause to be installed, replaced and maintained meters in accordance with the Servicer Policies and Practices.

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • 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.

  • Repairs and Maintenance The Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

  • Repair and Maintenance Except in the case of damage to or destruction of the Leased Premises, the Building, the Outside Areas or the Property caused by an act of God or other peril, in which case the provisions of Article 10 shall control, the parties shall have the following obligations and responsibilities with respect to the repair and maintenance of the Leased Premises, the Building, the Outside Areas, and the Property.

  • Property Maintenance Maintain all of its property that is necessary to or useful in the proper conduct of its business in good working condition, ordinary wear and tear excepted.

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