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General Maintenance Obligation Sample Clauses

General Maintenance Obligation. LESSEE, at its own expense, shall so protect, preserve, maintain and repair the LEASED PROPERTY, that the same will at all times be kept in at least as good condition as when received, less ordinary wear and tear and/or loss or damage for which XXXXXX is not specifically liable hereunder.
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General Maintenance Obligation. Throughout the Maintenance Period, Design-Build (DB) Contractor shall be responsible for and shall carry out Maintenance Services for the Maintained Elements within the Maintenance Limits. DB Contractor shall establish and maintain an organization that effectively manages all Maintenance Services in a manner set forth in the approved Maintenance Management Plan (MMP) and consistent with the requirements of the Capital Maintenance Contract (CMC) Documents. DB Contractor shall: ▪ conduct inspections at the specified frequency within the Maintenance Limits, providing TxDOT the opportunity to attend; ▪ identify and record from inspections and all other available sources, conditions that are unsafe or have the potential to become unsafe or conditions that could adversely affect the Maintained Elements; ▪ develop, maintain and implement a Maintenance Management System (MMS) to record the category, status, intended action and repair for all Defects in Maintained Elements; ▪ facilitate access to such system by TxDOT to allow the notification and categorization by TxDOT of Defects that TxDOT identifies in the course of its maintenance inspections; ▪ mitigate hazards, provide temporary repairs, and permanently repair all Defects, including those identified by TxDOT, the DB Contractor and third parties within the specified periods; ▪ minimize delay and inconvenience to Users when performing the Maintenance Services; ▪ perform the Maintenance Services to preserve the safety of Users, adjacent communities and transportation workers; ▪ minimize the risk of damage, disturbance, or destruction of third-party property during the performance of Maintenance Services; ▪ report to TxDOT the status of its Maintenance Services including Nonconforming Work; and ▪ perform all other obligations identified in this Item 9 and the CMC Documents.
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General Maintenance Obligation. Borrower will cause Mortgage Borrower to maintain or cause to be maintained in good repair, working order and condition all material properties used in the business of Mortgage Borrower, including the Property (subject to ordinary wear and tear and the provisions of this Agreement with respect to Casualty and Condemnation), and will cause Mortgage Borrower to make or cause to be made all appropriate repairs, renewals and replacements thereof. Borrower shall not permit Mortgage Borrower to remove, demolish or alter the Improvements or Equipment (except for alterations performed in accordance with Section 7.4(C) below, normal replacement of Equipment with Equipment of equivalent value and functionality and disposition of obsolete or worn out personal property). Without limitation of the foregoing, Borrower will cause Mortgage Borrower to operate and maintain the Property in accordance with the annual budget and capital expenditures budget prepared by Mortgage Borrower, and during a Cash Management Period, the Approved Operating Budget and Approved Capital Expenditures Budget. Borrower shall cause Mortgage Borrower to promptly repair, replace or rebuild any part of any Individual Property that becomes damaged, worn or dilapidated (subject to ordinary wear and tear and the provisions of this Agreement with respect to Casualty and Condemnation) and shall complete and pay for any Improvements at any time in the process of construction or repair.
Sample 1
General Maintenance Obligation. Borrower will maintain or cause to be maintained in good repair, working order and condition all material properties used in the business of Borrower, including the Property (subject to ordinary wear and tear and the provisions of this Agreement with respect to Casualty and Condemnation), and will make or cause to be made all appropriate repairs, renewals and replacements thereof. Borrower shall not remove, demolish or alter the Improvements or Equipment (except for alterations performed in accordance with Section 7.4(C) below, normal replacement of Equipment with Equipment of equivalent value and functionality and disposition of obsolete or worn out personal property). Without limitation of the foregoing, Borrower will operate and maintain the Property in accordance with the annual budget and capital expenditures budget prepared by Borrower, and during a Cash Management Period, the Approved Operating Budget and Approved Capital Expenditures Budget. Borrower shall promptly repair, replace or rebuild any part of any Individual Property that becomes damaged, worn or dilapidated (subject to ordinary wear and tear and the provisions of this Agreement with respect to Casualty and Condemnation) and shall complete and pay for any Improvements at any time in the process of construction or repair.
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General Maintenance Obligation. Owner, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and repaired the Property and all related on-site improvements and landscaping thereon, including, without limitation, buildings, parking areas, lighting, signs and walls in a quality condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction, at Owner’s sole cost and expense. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings, and other landscaping in a healthy condition; and (iii) the reasonable repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such pavings at all times be kept in a level and smooth condition. In addition, Owner shall be required to maintain the Property or cause the Property to be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within one thousand (1,000) feet of such portion of the Property.
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General Maintenance Obligation. The Operator must carry out Maintenance Work: (a) on all Assets, including any database owned and operated by the Operator in which information about the Services is stored; (b) in such a way as to ensure that the Assets are always in a condition which enables the Operator to comply with its obligations under this Contract; (c) so that the Assets are protected and preserved and in good working order and always capable of being operated fully, efficiently, effectively and safely (subject to any Scheduled Maintenance Work in accordance with this clause 9); (d) for the purpose, and to the capacity, for which they were designed; (e) in compliance with all applicable Laws and Approvals; and (f) in accordance with the Maintenance Management Plan which must be prepared, submitted, reviewed and updated in accordance with clause 9.5 and the Asset Management Plan.
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General Maintenance Obligation. The Lessor is solely responsible for the maintenance and repair of the leased premises as well as any and all Lessor improvements erected on the leased premises, and those items listed in Schedule B (See Paragraph 8.2, Maintenance by Lessor, of the Solicitation for exclusions). The Lessor, at its own expense, shall at all times protect, preserve, maintain, and repair the leased premises, together with any and all improvements located thereon (excluding equipment furnished and installed by the Government, sterilizers, and washer/sanitizers), and shall keep the same in good order and condition. The Lessor shall exercise due diligence at all times in the protection of the leased premises, together with any and all improvements located thereon, against damage or destruction by fire and other causes.
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General Maintenance Obligation. (a) PPP Co. will, at all times during the Term, at its own expense, maintain, repair, refurbish and renew the Project Facility to ensure that: (i) the Services are continuously available in accordance with the terms of Schedule 3 (Works Requirements) and Schedule 10 (Services Requirements), PPP Co. Proposals and the terms of this Project Agreement; (ii) it can maintain the design life23 of the Buildings and Assets to achieve the required life expectancy as set out in Schedule 2 (Handback Requirements); (iii) the Buildings are kept in good structural and decorative order (subject to fair wear and tear) in accordance with this Project Agreement; (iv) the Open Spaces are maintained in good order in accordance with this Project Agreement; and (v) the [Project Facility][Buildings[Open Spaces] are handed back to the Authority on the Expiry Date in a condition complying with the applicable requirements of Clause 41 (Handback) and Schedule 2 (Handback Requirements).
Sample 1

Related to General Maintenance Obligation

  • Tenant’s Maintenance Obligations Tenant, at all times during the Term and at Tenant’s sole cost and expense, shall keep the Premises and every part thereof in good condition and repair, and in compliance with applicable Laws, including the replacement of any facility of City used by Tenant which requires replacement by reason of Tenant’s use thereof, excepting (a) ordinary wear and tear, and (b) damage due to casualty with respect to which the provisions of Section 14 [Damage or Destruction] shall apply. Tenant hereby waives all right to make repairs at the expense of City or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1941 and 1942 or any other law, statute or ordinance now or hereafter in effect. In addition, if it becomes reasonably necessary during the term of this Lease, as determined by Director, Tenant will, at its own expense, redecorate and paint fixtures and the interior of the Premises and improvements, and replace fixtures, worn carpeting, curtains, blinds, drapes, or other furnishings. Without limiting the generality of the foregoing, at all times, Tenant shall be solely liable for the facade of the Premises separating the Premises from the Terminal common areas, including the external face thereof, all windows and display areas therein, and all finishes thereon. As provided below in Section 15.4 [City’s Right to Perform], in the event Tenant fails to perform its maintenance and repair obligations hereunder, City shall have the right to do so, at Tenant’s expense. The parties acknowledge and agree that Tenant’s obligations under this Section are a material part of the bargained-for consideration under this Lease. Tenant’s compliance obligations shall include, without limitation, the obligation to make substantial or structural repairs and alterations to the Premises (including the Initial Improvements), regardless of, among other factors, the relationship of the cost of curative action to the Rent under this Lease, the length of the then remaining Term hereof, the relative benefit of the repairs to Tenant or City, the degree to which curative action may interfere with Tenant’s use or enjoyment of the Premises, the likelihood that the parties contemplated the particular requirement involved, or the relationship between the requirement involved and Tenant’s particular use of the Premises. No occurrence or situation arising during the Term, nor any present or future requirement, whether foreseen or unforeseen, and however extraordinary, shall relieve Tenant of its obligations hereunder, nor give Tenant any right to terminate this Lease in whole or in part or to otherwise seek redress against City. Tenant waives any rights now or hereafter conferred upon it by any existing or future requirement to terminate this Lease, to receive any abatement, diminution, reduction or suspension of payment of Rent, or to compel City to make any repairs to comply with any such requirement, on account of any such occurrence or situation.

  • Maintenance Obligations Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained.

  • Maintenance obligations of the Contractor (i) The Contractor shall maintain the Project Highway for a period of 5 (five) years, corresponding to the Defects Liability Period, commencing from the date of the Completion Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the Contractor shall be paid (if not included in the Schedule - H): (a) For flexible pavement with 5 years Maintenance Period including structures: no maintenance charges shall be paid for the first year; 0.50%of the Contract Price each for the second, third and fourth year; and 1% of the Contract Price for the fifth year (b) For rigid pavement with 10 years Maintenance Period including structures: 0.25% of the Contract Price each for the first, second and third year, 0.5% of the Contract Price each for fourth, fifth, sixth and seventh year, and 0.75% of the Contract Price each for eighth, ninth and tenth year. (c) For flexible perpetual pavement with 10 years maintenance period including structures: no maintenance charges shall be paid for the first year; 0.5% of the Contract Price each for the second, third and fourth year; 0.75% of the Contract Price each for the subsequent years till laying of the renewal layer or end of maintenance period, whichever is earlier. The requirement for the renewal layer shall be worked out based on the survey and investigation of the existing pavement and the cost of such renewal works shall be made separately to the Contractor based on the principles defined under clause 13.2(iii). After laying of the renewal layer, the Contractor shall be paid @ 0.5% of the original Contract Price each for the remaining years till the end of maintenance period. (d) For stand-alone Bridge/ Tunnel works: the contractor shall be paid @ 0.25% of the Contract Price each for the first five years and @ 0.50% of the Contract Price each for the remaining period of five years. (e) For any other works: The contractor shall be paid at the rate of 0.50% of the contract price for the entire duration of maintenance period.

  • General Maintenance Borrower shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the applicable provisions of the Anaheim Municipal Code. Borrower shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”): (i) The Project Site shall be maintained in conformance and in compliance with reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iii) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lender, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental Lender.

  • Account Maintenance Trade Allocations Trade Reporting; (Futures) Daily Trade Checkout Daily Statement Reconciliation

  • Operation and Maintenance 17.1 O&M obligations of the Concessionaire 17.1.1 During the Operation Period, the Concessionaire shall operate and maintain the Bus Terminal in accordance with this Agreement either by itself, or through the O&M Contractor and if required, modify, repair or otherwise make improvements to the Bus Terminal to comply with the provisions of this Agreement, Applicable Laws and Applicable Permits, and conform to Specifications and Standards and Good Industry Practice. The obligations of the Concessionaire hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Bus Terminal during normal operating conditions. Buses of other state road transport corporations shall be parked inside the Bus Terminal for which no charges shall be payable to the Concessionaire and if any charges are applicable for such parking then it shall be realized by Authority only; (b) minimising incidents affecting the safety and use of the Bus Terminal by providing a rapid and effective response and maintaining liaison with emergency services of the State; (c) carrying out periodic preventive maintenance of the Bus Terminal; (d) undertaking routine maintenance including prompt repairs of ticket counters, Workshops, Authority's Office and other infrastructure as mentioned in the Operation and Maintenance Schedule; (e) undertaking major maintenance such as per the Maintenance Schedule of the major infrastructure in the Bus Terminal; (f) preventing, with the assistance of the concerned law enforcement agencies, any encroachments on the Bus Terminal; (g) protection of the environment and provision of equipment and materials therefor; (h) operation and maintenance of all communication, control and administrative systems necessary for the efficient operation of the Bus Terminal; (i) maintaining a public relations unit to interface with and attend to suggestions from the Users, passengers, government agencies, media and other agencies; (j) complying with Safety Requirements in accordance with Article 18; (k) operation and maintenance of all Project Assets diligently and efficiently and in accordance with Good Industry Practice; (l) maintaining punctuality and reliability in operating the Bus Terminal; and (m) maintaining a high standard of cleanliness and hygiene in the Bus Terminal. 17.1.2 The Concessionaire shall remove promptly from the Bus Terminal all surplus construction machinery and materials, waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Bus Terminal in a clean, tidy and orderly condition,

  • 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.

  • Installation and Maintenance Except for the bi‐directional and production metering equipment owned by the City, all equipment on Customer’s side of the delivery point, including the required disconnect device, shall be provided and maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of the Customer. The City will bear no responsibility for the installation or maintenance of Customer’s equipment or for any damage to property as a result of any failure or malfunction thereof. The City shall not be liable, directly or indirectly for permitting or continuing to allow the interconnection of the Facility or for the acts or omissions of Customer or the failure or malfunction of any equipment of Customer that causes loss or injury, including death, to any party.

  • Operations and Maintenance Seller shall not during the months of June through September inclusive schedule any non-emergency maintenance that reduces the energy generating capability of the Facility by more than ten percent (10%), unless (i) such outage is required to avoid damage to the Facility, (ii) such maintenance is necessary to maintain equipment warranties and cannot be scheduled outside the months of June through September, (iii) such outage is required in accordance with prudent electrical practices, or (iv) the Parties agree otherwise in writing.

  • Compliance Obligations Partner will conduct operations in compliance with applicable laws, rules and regulations in exercising its rights and obligations under this Agreement. Laws may include but not be limited to the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and local anticorruption legislation that may apply. Partner undertakes that no payments or transfers of value shall be made which have the purpose or effect of public or commercial bribery, or other unlawful or improper means of influencing or obtaining business. Partner agrees that such payment of money, kickback, or anything of value shall be deemed a material breach for purposes of this Agreement. Partner will comply with SAP’s Partner Code of Conduct, or its own code of conduct if comparable standards are established. Partner confirms that it is not listed by any government agency as debarred, suspended, or proposed for suspension or debarment or otherwise determined to be ineligible for government procurement programs.

Most Referenced Clauses

Most Referenced Definitions