Exercise of Due Care. Purchaser shall permit Seller to have a representative present during all investigations and inspections conducted with respect to the Property. Purchaser shall take all reasonable actions and implement all reasonable protections necessary to ensure that all actions taken in connection with the investigations and inspections of the Property, and all equipment, materials and substances generated, used or brought onto the Property pose no material threat to the safety of persons or the environment and cause no damage to the Property or other property of Seller or other persons. ARTICLE 6
Exercise of Due Care. Licensee shall use, and shall cause its Agents (defined in Section 21 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City’s water pipelines, facilities, or other property and to native vegetation and natural attributes of the Combined License Area and to minimize slope erosion. Licensee shall not disturb the surface of the Combined License Area or perform any excavation work without City’s prior written approval, which City may withhold at its sole discretion. City may condition and/or oversee any permitted excavation work. At its own expense, Licensee shall mark the location of City’s water pipelines or other facilities within the Combined License Area and shall not use any pick, plow, or other sharp tool to remove the two feet of soil around the pipelines or other facilities, provided that Licensee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this License. Licensee shall immediately inform City of any actual or potential damage to the coating of the pipeline, and any such damage shall be promptly repaired by Licensee, at its own expense, to City’s satisfaction prior to backfilling; provided, at its sole discretion, City may elect to make any necessary repairs itself, at Licensee’s sole cost, by notifying Licensee of such fact. Upon completion of the repairs, City shall send to Licensee a bill therefor, which Licensee shall pay within thirty (30) days following receipt. Under no circumstances shall Licensee damage, harm, or take any rare, threatened, or endangered species present on or about the Combined License Area.
Exercise of Due Care. Licensee shall ensure that Licensee and its participants and vendors, and its and their employees, observe and exercise all necessary caution and discretion so as to avoid personal injuries and property damage.
Exercise of Due Care. The total principal amounts of the funds to be deposited into the Superfund Programs Trust Account, the Multi-Pathway Program Account and Superfund Management Account were calculated using a net discount rate of five percent (5%) per annum. The net discount rate of five percent (5%) was based on the following assumptions:
(i) such funds will earn interest at the average rate of seven percent (7%) per annum over a period of 100 years, and (ii) such funds will be subject to inflation at the average rate of two percent (2%) per annum over a period of 100 years. Neither (i) the failure of the funds to accrue interest at the average rate of seven percent (7%) per annum over a period of 100 years, or (ii) an inflation rate that exceeds an average rate of two percent (2%) per annum over a period of 100 years shall constitute a failure by BSB to exercise due care or failure to comply with the material terms of this Agreement pursuant to Sections 18.1, 18.2 or 18.3 hereof.
Exercise of Due Care. Permittee shall use, and shall cause its Agents (as defined below) to use, due care at all times to avoid any damage or harm to San Francisco's water pipelines or other property and to native vegetation and natural attributes of the Permit Area and to minimize slope erosion. Permittee shall not disturb the surface of the Permit Area or perform any excavation work without the prior written approval of San Francisco, which San Francisco may withhold in its sole discretion. San Francisco shall have the right to condition and/or oversee any permitted excavation work. Permittee shall mark, at its own expense, the location of the San Francisco's water transmission mains within the Permit Area and shall not use any pick, plow or other sharp tool to remove the two feet of soil around the transmission mains, provided that Permittee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this Permit. Permittee shall immediately inform San Francisco of any actual or potential damage to the coating of the pipeline, and any such damage shall be promptly repaired by Permittee, at its own expense, to the satisfaction of San Francisco prior to backfilling; provided, San Francisco may elect, in its sole discretion, to make any necessary repairs itself, at Permittee’s sole cost, by notifying Permittee of such fact. Upon completion of the repairs, San Francisco shall send to Permittee a bill therefore which Permittee shall pay within thirty (30) days following receipt. Under no circumstances shall Permittee damage, harm or take any rare, threatened or endangered species on or about the Permit Area.
Exercise of Due Care. During any entry on the PROW to perform any of the Permitted Activities, Permittee shall, at all times and at its sole cost, perform the Permitted Activities in a manner that maintains the PROW in a good, clean, safe, secure, sanitary, and attractive condition. Permittee shall use due care at all times to avoid any damage or harm to the PROW or any Improvements or property located thereon, and to take such soil and resource conservation and protection measures with the PROW as are required by applicable laws and as City may reasonably request in writing. Permittee shall not perform any excavation work without Public Works’ prior written approval. While on the PROW to perform the Permitted Activities, Permittee shall do everything reasonably within its power to prevent and suppress fires on and adjacent to the PROW attributable to such entry.
Exercise of Due Care. City shall use, and shall cause its employees to use, due care at all time to avoid damage or harm to BIAC’s personal property located on the Property. BIAC shall use, and shall cause its Agents (as defined below) to use, due care at all times to avoid any damage or harm to City's property or other surrounding property and to native vegetation and natural attributes of the Property and to minimize bay shoreline erosion. Except as otherwise provided in this Agreement, BIAC shall not disturb the surface of the Property or perform any excavation work without the prior written approval of City, which City may withhold in its sole discretion. City shall have the right to condition and/or oversee any permitted excavation work.
Exercise of Due Care. Permittee shall use, and shall cause its Agents to use, reasonable due care at all times to avoid injury to any person or any damage or harm to the Permit Area or any other portion of the ZSFG campus resulting from the Permitted Activities.
Exercise of Due Care. Due care shall be used at times to avoid any damage or harm SFPUC Facilities, or other property and to native vegetation and attributes of the Area and to minimize slope erosion. Holder shall not disturb the of the Easement Area or perform any excavation work without the prior written approval of San Francisco, which San Francisco may withhold in its sole discretion. San Francisco shall have the right to condition oversee any permitted excavation work. Holder shall not use any plow or other sharp to remove the two feet of soil around the transmission mains, provided that Holder may use hand shovels or pneumatic shovels in compliance with other terms and conditions of this Agreement. Holder shall immediately inform San Francisco of any actual or potential damage to the coating of the pipeline, and any such damage shall be promptly repaired by Holder, at its own expense, to the satisfaction of San Francisco prior to backfilling; provided, San Francisco may elect, in its sole discretion, to make any necessary repairs itself, at Xxxxxx's sole cost, by notifying Holder of such fact. Upon completion of the repairs, San Francisco shall send to Holder a bill therefore which Holder shall pay within (30) days following Under no circumstances shall Holder damage, harm or take any rare, threatened or endangered species on or about the Easement Area.
Exercise of Due Care. The County shall exercise due care in the operation of the Utility System so as not to create any obstructions or conditions which are or may become dangerous to the public. The County's use of the streets, avenues, alleys and other easements shall be done in such manner so as to not unreasonably obstruct, interfere, or interrupt with the public's right of travel. The County shall use due diligence in making excavations or other repairs and after the completion of
