Common use of FACILITY MAINTENANCE AND REPAIRS Clause in Contracts

FACILITY MAINTENANCE AND REPAIRS. Provider shall be responsible for all Maintenance in the Veterans Cemetery and must maintain in good and working condition, and in sufficient quantity, all Equipment necessary to operate and manage the Veterans Cemetery in a manner consistent with the requirements of this Contract. In addition, Provider shall replace obsolete or run-down Non-Capital Equipment and make Non-Capital Improvements as necessary to maintain a functional and attractive facility. Provider shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However, (i) if the subject Equipment or Improvement has exceeded its useful life and frequent repairs become necessary; (ii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition of Capital Equipment or Capital Improvement in Section 1.01 of this Contract the cost of such repair(s) shall be the responsibility of the Board. In each instance in which the Board and Provider have a good-faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or whether Provider properly performed its Maintenance obligations with respect thereto, or whether a Repair is necessitated by Provider negligence), Provider shall pay the first $1,000.00 of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider shall be responsible for the full cost of any Repair necessitated by the Provider’s negligence or intentional failure to perform its maintenance obligations under this Contract. Before performing any Repair the cost of which shall be the responsibility of the Board, Provider shall notify the Board (provided that if Provider reasonably believes that such Repair is needed immediately to avoid threatening the safety of the public, Provider shall proceed to make such Repair and shall notify the Board per emergency OAR procedures but shall not proceed with such Repair without the written approval of the Deputy Director of the Board’s TSVC program.) (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer’s specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board’s On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section.

FACILITY MAINTENANCE AND REPAIRS. Provider shall be responsible for all Maintenance in the Veterans Cemetery and must maintain in good and working condition, and in sufficient quantity, all Equipment necessary to operate and manage the Veterans Cemetery in a manner consistent with the requirements of this Contract. In addition, Provider shall replace obsolete or run-down Non-Capital Equipment and make Non-Capital Improvements as necessary to maintain a functional and attractive facility. Provider shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However,‌ (i) if the subject Equipment or Improvement has exceeded its useful life and an frequent repairs become necessary; (ii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition of Capital Equipment or Capital Improvement in Section 1.01 of this Contract the cost of such repair(s) shall be the responsibility of the Board. In each instance in which the Board and Provider have a good-faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or whether Provider properly performed its Maintenance obligations with respect thereto, or whether a Repair is necessitated by Provider negligence), Provider shall pay the first $1,000.00 of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider shall be responsible for the full cost of any Repair necessitated by the Provider’s negligence or intentional failure to perform its maintenance obligations under this Contract. Before performing any Repair Repair, the cost of which shall be the responsibility of the Board, Provider shall notify the Board (provided that if Provider reasonably believes that such Repair is needed immediately to avoid threatening the safety of the public, Provider shall proceed to make such Repair and shall notify the Board per emergency OAR procedures but shall not proceed with such Repair without the written approval of the Deputy Director of the Board’s TSVC program.) (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer’s specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board’s On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section.

FACILITY MAINTENANCE AND REPAIRS. Provider Operator shall be responsible for all Maintenance in the Veterans Cemetery Home and must maintain in good and working condition, condition and in sufficient quantity, quantity all Equipment necessary to operate and manage the Veterans Cemetery Home in a manner consistent with all Regulatory Agency requirements and all applicable laws, regulations, and the requirements of this ContractAgreement. In addition, Provider Operator shall replace obsolete or run-run- down Non-Capital Equipment and make Non-Capital Improvements on an “as necessary to maintain a functional and attractive facilityneeded” basis. Provider Operator shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However, Home, utilizing technicians certified or qualified to service subject Equipment or Improvements; however, (i) if any Repair on a single unit of Capital Equipment or Capital Improvement exceeds TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) (excluding taxes); (ii) if the subject Equipment or Improvement has exceeded its useful life and frequent repairs become necessary; are necessary to extend same; or (iiiii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition Improvement then, in any of Capital Equipment or Capital Improvement in Section 1.01 of this Contract such events, the cost of such repair(s) Repair shall be the responsibility of the Board. In Pursuant to OAR policy, in each instance in which the Board and Provider Operator have a good-good faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or ; whether Provider Operator properly performed its Maintenance obligations with respect thereto, in accordance with the subject item’s operations and maintenance manual and properly documented; or whether a Repair is necessitated by Provider Operator negligence), Provider Operator shall pay the first TWO THOUSAND FIVE HUNDRED DOLLARS ($1,000.00 2,500.00) per any single Capital Equipment unit of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider Operator shall be responsible for the full cost of any Repair necessitated by the ProviderOperator’s negligence or intentional failure to perform its maintenance obligations under this ContractAgreement. Before performing any Repair the cost of which shall be the responsibility of the Board, Provider Operator shall notify the Board (provided that if Provider Operator reasonably believes that such Repair is needed immediately to avoid threatening the safety and well-being of the publicResidents, Provider Operator shall proceed to make such Repair and shall notify the Board per emergency OAR procedures but shall not proceed with such Repair without the written approval of the Deputy Director of the Board’s TSVC programprocedures).) (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer’s specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board’s On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section.

FACILITY MAINTENANCE AND REPAIRS. Provider Operator shall be responsible for all Maintenance in the Veterans Cemetery Home and must maintain in good and working condition, condition and in sufficient quantity, quantity all Equipment necessary to operate and manage the Veterans Cemetery Home in a manner consistent with all Regulatory Agency requirements and all applicable laws, regulations, and the requirements of this ContractAgreement. In addition, Provider Operator shall replace obsolete or run-run- down Non-Capital Equipment and make Non-Capital Improvements on an “as necessary to maintain a functional and attractive facilityneeded” basis. Provider Operator shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However, Home, utilizing technicians certified or qualified to service subject Equipment or Improvements; however, (i) if any Repair on a single unit of Capital Equipment or Capital Improvement exceeds Two Thousand Five Hundred Dollars ($2,500.00) (excluding taxes); (ii) if the subject Equipment or Improvement has exceeded its useful life and frequent repairs become necessary; are necessary to extend same; or (iiiii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition Improvement then, in any of Capital Equipment or Capital Improvement in Section 1.01 of this Contract such events, the cost of such repair(s) Repair shall be the responsibility of the Board. In Pursuant to OAR policy, in each instance in which the Board and Provider Operator have a good-good faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or ; whether Provider Operator properly performed its Maintenance obligations with respect thereto, in accordance with the subject item’s operations and maintenance manual and properly documented; or whether a Repair is necessitated by Provider Operator negligence), Provider Operator shall pay the first Two Thousand Five Hundred Dollars ($1,000.00 2,500.00) per any single Capital Equipment unit of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider Operator shall be responsible for the full cost of any Repair necessitated by the ProviderOperator’s negligence or intentional failure to perform its maintenance obligations under this ContractAgreement. Before performing any Repair the cost of which shall be the responsibility of the Board, Provider Operator shall notify the Board (provided that if Provider Operator reasonably believes that such Repair is needed immediately to avoid threatening the safety and well-being of the publicResidents, Provider Operator shall proceed to make such Repair and shall notify the Board per emergency OAR procedures but shall not proceed with such Repair without the written approval of the Deputy Director of the Board’s TSVC programprocedures).) (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer’s specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board’s On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section.

FACILITY MAINTENANCE AND REPAIRS. Provider shall be responsible for all Maintenance in the Veterans Cemetery and must maintain in good and working condition, and in sufficient quantity, all Equipment necessary to operate and manage the Veterans Cemetery in a manner consistent with the requirements of this Contract. In addition, Provider shall replace obsolete or run-down Non-Capital Equipment and make Non-Capital Improvements as necessary to maintain a functional and attractive facility. Provider shall make all Repairs on all Equipment and Improvements in the Veterans Cemetery. However, (i) if the subject Equipment or Improvement has exceeded its useful life and frequent repairs become necessary; (ii) if the need for such Repair results from a manufacturing, design, or construction defect of the Capital Equipment or a Capital Improvement; or (iii) if the Repair meets the definition of Capital Equipment or Capital Improvement in Section 1.01 of this Contract the cost of such repair(s) shall be the responsibility of the Board. In each instance in which the Board and Provider have a good-faith disagreement regarding the cause of the necessity for Repair or replacement (e.g., whether or not the subject Capital Equipment or Capital Improvement has exceeded its useful life, or whether Provider properly performed its Maintenance obligations with respect thereto, or whether a Repair is necessitated by Provider negligence), Provider shall pay the first $1,000.00 of the subject Repair or replacement and the Board shall pay the balance. Provider shall notify the Board before performing any Repair for which the Board has the responsibility to pay and may not proceed with such Repair without the express written approval of the Board. Notwithstanding the preceding sentence, Provider shall be responsible for the full cost of any Repair necessitated by the Provider’s negligence or intentional failure to perform its maintenance obligations under this Contract. Before performing any Repair the cost of which shall be the responsibility of the Board, Provider shall notify the Board (provided that if Provider reasonably believes that such Repair is needed immediately to avoid threatening the safety of the public, Provider shall proceed to make such Repair and shall notify the Board per emergency OAR procedures but shall not proceed with such Repair without the written approval of the Deputy Director of the Board’s TSVC program.) (a) Warranty Repairs Provider shall use its best efforts to obtain all necessary warranty repairs on all Capital and Non-Capital Equipment and Capital and Non-Capital Improvements, ensuring they are completed prior to the expiration of the applicable warranty. In complying with this provision, Provider shall not be obligated to incur any financial obligation, except for damages or liability resulting from negligent or intentional failure, omission, or neglect by Provider. (b) Scheduled Maintenance and Records Provider shall perform all scheduled or manufacturer-recommended maintenance on all Capital Equipment. Provider shall keep detailed maintenance records in accordance with the manufacturer’s specifications on all Capital Equipment at the Veterans Cemetery. Such records shall be made available for inspection to the Board or the Board’s On-Site Representative during regular business hours. Such records shall be the basis for determining reimbursement for Repairs under this section.