Dedication of Utility Facilities and Easements Sample Clauses

Dedication of Utility Facilities and Easements. The Developer agrees to dedicate the Utility Facilities, exclusive of any service laterals, to Whitestown after final inspection by Whitestown, interconnection of the Utility Facilities to Whitestown’s facilities, and acceptance of the same in Whitestown’s sole discretion. The dedication of the Utility Facilities shall occur by the execution of a Xxxx of Sale and Easement Dedication, the form of which is attached hereto as Exhibit C. The Developer shall also provide adequate and necessary deeds or easements for all Utility Facilities that are acceptable to Whitestown, and shall record all necessary documents in the Xxxxx County Recorder’s Office in Whitestown’s name. The easements shall be substantially in the form attached hereto as Exhibit D, and the Developer shall provide Whitestown with copies of the final proposed easements for review and approval or rejection prior to initiating construction or recording the easements. The Developer shall ensure that all Utility Facilities are located within the easements provided to Whitestown (and not within the right-of-way, except for road crossings) and shall be responsible for indemnifying Whitestown and paying all costs associated with relocating Utility Facilities and/or easements in the event the Utility Facilities are not located within the easements. In the event the Developer cannot acquire the requisite easements at a reasonable cost, Whitestown, through attorneys and consultants retained at Whitestown’s sole discretion, will assist the Developer in acquiring the easements necessary or appropriate for the Utility Facilities, and the Developer shall pay all of Whitestown’s costs associated with any assistance provided or condemnation action initiated, including the Whitestown’s attorneys’ fees, acquisition costs, court costs, and any damages awarded by the court. The Developer shall convey the adequate land on which any lift station or similar improvement is located, including such lift station or improvement (collectively, the “Property”) to Whitestown by Warranty Deed free of any liens or encumbrances. If the Property is not accessible from a right-of-way, Developer shall provide or obtain all necessary easements to allow Whitestown to access the Property. If in Whitestown’s sole discretion, conveyance of the Property by Deed is impossible or unreasonably impractical, then Developer shall provide an easement providing Whitestown with sole and exclusive access to the Property, using a form of Easement p...
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Dedication of Utility Facilities and Easements

  • Utility Easements 2.1 Some properties may at the discretion of the Developer be subject to easements in favour of suppliers of water, power, gas, telephone, internet and wastewater utilities and services, including SaskPower for location of a transformer and SaskTel. The Property Owner acknowledges that the location of any transformer and which lots will be affected by any such easements, will not be known until such utility and service providers complete their design work and the Developer has negotiated the terms and conditions thereof. The Property Owner further specifically acknowledges and agrees that the Property may be subject to any such easement, and that the same shall not affect or result in a decrease or abatement of the purchase price of the Property.

  • Entrance Facilities 7.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by LIS.

  • LIS Entrance Facilities 7.3.1.1.1 Recurring and nonrecurring rates for LIS Entrance Facilities are specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use as LIS.

  • USE OF CITY FACILITIES The Association shall be permitted to use City facilities with prior Management approval for the purpose of holding meetings to the extent that such facilities are available to other organizations and individuals, and to the extent that such use of the facility will not interfere with normal departmental operations. Participating employees will attend said meetings on their own time unless other arrangements are made with management. If the use of a facility normally requires a fee for rental or special set-up, security, and/or cleanup service, the Association will provide or assume the cost of such service(s) or facility.

  • PUBLIC WORKS AND BUILDING SERVICES CONTRACTS Work being done under a resulting Authorized User Agreement may be subject to the prevailing wage rate provisions of the New York State Labor Law. Such work will be identified by the Authorized User within the RFQ. See “Prevailing Wage Rates – Public Works and Building Services Contracts’ in Appendix B, Clause 10, OGS General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility and rejection of proposal. The Prevailing Wage Case Number for this Contract is PRC# 2014011745. The Prevailing Wage Rates for various occupations and General Provisions of Laws Covering Workers on Article 8 Public Work Contract can be accessed at the following NYS Department of Labor website: xxxxx://xxxxxxxxxxxx.xxxxx.xx.xxx/wpp/xxxxXxxxXxxxxxx.xx?method=showIt  Insert PRC# 2014011745 in the box provided and click Submit.  Click Wage Schedule located underneath the main header of this page. The PDF file may be searched to obtain the Prevailing Wage Rate for a specific occupation. SHORT TERM EXTENSION In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to 3 months upon notice to the Contractor with the same terms and conditions as the original Contract including, but not limited to, prices and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to 6 months in lieu of 3 months. However, this extension terminates should the replacement Contract be issued in the interim. PROCUREMENT INSTRUCTIONS Authorized Users should refer to the documents attached as Appendix G – Processes and Forms Templates for specific instructions on the usage of this Contract. OGS reserves the right to unilaterally make revisions, changes, additions and/or updates to the documents attached as Appendix G - Processes and Forms Templates without processing a formal amendment and/or modification. SPECIFICATIONS During the term of the Contract, the Authorized User may request Product specifications for particular items that have been included by the Contractor in its Pricing Pages. These specifications will be provided by the Contractor at no cost.

  • Office Facilities During the Employment Period, the Company will furnish Executive, without charge, suitable office facilities for the purpose of performing his duties hereunder, which facilities shall include secretarial, telephone, clerical and support personnel and services and shall be similar to those furnished to employees of the Company having comparable positions.

  • Use of University Facilities Members may use the office assigned to them in connection with such professionally-related activities as preparation of professional manuscripts and materials, scholarly endeavors, approved consultancies, and service to professional associations, schools, or other groups or agencies for whom such service is appropriate. Upon request, faculty may use laboratories and studios for non-sponsored research and other scholarly activity. Upon request, faculty may use meeting rooms and other physical facilities for professionally-related groups subject to availability and prevailing policies of the University governing use of facilities. The facilities of the TRC, Print Shop, computer labs and the use of University equipment are available to the faculty in connection with professional writing, research, or approved service projects subject to availability and to reimbursement at prevailing rates charged by the University.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • BUILDING SERVICES CONTRACTS In compliance with Article 9, Section 230 of the New York State Labor Law:

  • Access Easement The Owner shall grant to VBWD the necessary easements and rights-of-way and/or maintain perpetual access from public rights-of-way to the Facility for VBWD, its agent, or contractor.

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