CONSTRUCTION AND MAINTENANCE OF FACILITIES Sample Clauses

CONSTRUCTION AND MAINTENANCE OF FACILITIES. Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s attachments can render service. Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees. The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein shall be understood to include attachments of Licensee in space reserved for Licensor o...
AutoNDA by SimpleDocs
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee attachments can render service.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. The Owner will, at its sole cost and expense, construct and maintain the Facilities in accordance with plans approved by the City and the City's Engineering Standards and Specifications. After the completion of construction by the Owner and approval by the City of the Facilities, the Owner will dedicate the Facilities to the City. Notwithstanding this dedication, the Owner will, at its sole cost and expense, perpetually maintain the Facilities in good condition and conduct all necessary repairs and regular maintenance to ensure that the Facilities remain in good working condition and in compliance with all of the City's laws, codes, and regulations. In the event the City determines, in its sole and absolute discretion, that proper maintenance of the Facilities is not performed at any time, the City, after five (5) days prior written notice to the Owner, may, but shall not be obligated to, enter upon any or all of the Easement Premises, as well as all portions of the Subject Property necessary to provide access to the Easement Premises, for the purpose of performing maintenance work on and to the Facilities. In the event that the City shall cause to be performed any work pursuant to this Section 3, the City shall have the right to charge the Owner an amount sufficient to defray the entire cost of such work or action, including administrative costs, either before or after such cost is incurred. If the amount so charged is not paid by the Owner within thirty (30) days following a demand in writing by the City for such payment, such charge, together with interest and costs of collection, shall become a lien upon the Subject Property and the City shall have the right to collect such charge, with interest and costs, and to enforce such lien as in foreclosure proceedings as permitted by law.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. 6.1 CenturyLink retains the right, in its sole judgment, to determine the availability of space on Poles/Innerduct. When modifications to a CenturyLink spare conduit include the placement of innerduct, CenturyLink retains the right to install the number of innerducts required to occupy the conduit structure to its full capacity. In the event CenturyLink determines that rearrangement of the existing facilities on Poles/Innerduct is required before WSP’s Facilities can be accommodated, the cost of such modification will be included in the WSP’s nonrecurring charges for the associated Poles/Innerduct Order.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (1) All Facilities shall be constructed and installed so as to interfere as little as possible with traffic over and public use of the Streets and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Streets. All Facilities shall be constructed in accordance with established gas distribution construction practices and in a manner which protects the Facilities from all traffic loads. Without unreasonable additional cost to Questar Gas, all Facilities that are installed during the term of the Franchise shall be sited to be visually unobtrusive and to preserve the natural beauty and neighborhood aesthetics within the City limits.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall, at its own expense, make and maintain its pole and anchor attachments in a safe condition and in thorough repair, and in a manner acceptable to Licensor, and so as not to conflict with the use of said poles and anchors by Licensor or by other authorized users of said poles and anchors, or interfere with other facilities thereon or which may from time to time be placed thereon. Licensee shall, at its own expense, upon five (5) days' notice from Licensor, relocate or replace its facilities placed on said poles or anchors, or transfer them to substituted poles or anchors, or perform any other work in connection with said facilities that may be required by Licensor provided, however, that in cases of emergency, Licensor may arrange to relocate or replace the attachments placed on said poles or anchors by Licensee, transfers them to substituted poles or anchors or perform any other work in connection with said facilities that may be required by Licensor; provided, however, that in cases of emergency, Licensor may arrange to relocate or replace the attachments placed on said poles or anchors by Licensee, transfer them to substituted poles or anchors or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of said poles or anchors or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor and Licensee shall reimburse Licensor for the expense thereby incurred. 9
CONSTRUCTION AND MAINTENANCE OF FACILITIES. 6.1 Qwest retains the right, in its sole judgment, to determine the availability of space on Poles/Innerduct. When modifications to a Qwest spare conduit include the placement of innerduct, Qwest retains the right to install the number of innerducts required to occupy the conduit structure to its full capacity. In the event Qwest determines that rearrangement of the existing facilities on Poles/Innerduct is required before CLEC’s Facilities can be accommodated, the cost of such modification will be included in the CLEC’s nonrecurring charges for the associated Poles/Innerduct Order.
AutoNDA by SimpleDocs
CONSTRUCTION AND MAINTENANCE OF FACILITIES 

Related to CONSTRUCTION AND MAINTENANCE OF FACILITIES

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission.

  • 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.

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

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

  • 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.

  • Operation and Maintenance of Properties The Borrower, at its own expense, will, and will cause each Subsidiary to:

  • 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.

  • 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.

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!