Infrastructure Replacements Sample Clauses

Infrastructure Replacements. Where Licensee is unable to place an Attachment and/or Equipment Attachment on an Infrastructure item because the addition of Licensee’s Attachment and/or Equipment Attachment exceeds the applicable loading requirements set forth in the Applicable Standards in the Master or otherwise is unable to accommodate Licensee’s proposed Attachment and/or Equipment Attachment, METRO may, at METRO’s sole discretion, allow Licensee to replace an existing Infrastructure item for a taller or stronger infrastructure item to accommodate an Attachment and/or Equipment Attachment request by Licensee. Said replacement Infrastructure shall be of substantially the same quality, functionality and appearance of the existing Infrastructure that is being replaced, shall comply with all federal, state and local law, shall be architecturally compatible with the surrounding existing infrastructure and shall be subject to approval by Metro Public Works, which may choose to publish standards and specifications for such Infrastructures. In all instances, the replaced Infrastructure will remain the property of METRO but Licensee shall maintain it so that there is no issue with ongoing functionality of the purpose that it serves for METRO. While Licensee will generally have the maintenance obligation, Metro reserves the right to perform its own maintenance and upon request by Metro, Licensee will give Metro first priority access to the Infrastructure for any maintenance and repair. In the event of any damage to Infrastructure by a third party, Licensee is responsible for repairing the damage, up to and including replacing the damaged Infrastructure; replacements must meet the standards specified above, including approval by Metro Public Works. In the event that the Infrastructure is totally damaged by a third party and must be replaced by Licensee, Licensee shall be entitled to a construction rent abatement in the amount of one year’s rent. If the damage to the Infrastructure by a third party is not total, Licensee may present to Metro its invoice for any reasonably necessary repair incurred, and Metro shall grant Licensee a rent abatement in the amount of the invoice, unless Metro disputes the reasonableness of the invoice or necessity of the repair. If the parties cannot agree as to the reasonableness of the invoice or the necessity of the repair, the dispute resolution process provided for in the MLA shall be used to resolve the dispute. At Metro’s sole discretion and approval, the Inf...
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Related to Infrastructure Replacements

  • Infrastructure (a) The Borrower has and will maintain a sufficient infrastructure to conduct its business as presently conducted and as contemplated to be conducted following its execution of this Agreement.

  • Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state.

  • Infrastructure Improvements The design, redevelopment and construction and completion of certain infrastructure improvements, including sewer, stormwater, electrical and water main improvements, along with other similar improvements.

  • Tool Replacement Personal tools worn out and/or broken on the job will be replaced on a like- for-like basis by the Employer, provided the tool is turned in to the Employer and the Employer had knowledge the tool was being used on the job. If an employee has his/her tools stolen from a state vehicle, the Employer will replace those tools, as long as no employee negligence has occurred.

  • Developer Attachment Facilities Developer shall design, procure, construct, install, own and/or control the Developer Attachment Facilities described in Appendix A hereto, at its sole expense.

  • SERVICE AND REPLACEMENT PARTS 23.1 During the term of this Contract, Seller will fulfill Buyer's and Customer’s service and replacement parts requirements at the then current production price(s) under this Contract. If the Products are systems or modules, Seller will sell the components or parts that comprise the system or module at price(s) that will not, in the aggregate, exceed the price of the system or module less assembly costs.

  • Maintenance, Repair and Replacement Subject to the provisions of Article 10.00 and payment by the Tenant of Rent, the Landlord shall operate, maintain, repair and replace the systems, facilities and equipment necessary for the proper operation of the Project and for provision of the Landlord's Services set out in Section 6.02 (except as may be installed by or be the property of the Tenant) and shall maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which the Landlord is obligated to insure against under Article 9.00, provided that:

  • Infrastructure Vulnerability Scanning Supplier will scan its internal environments (e.g., servers, network devices, etc.) related to Deliverables monthly and external environments related to Deliverables weekly. Supplier will have a defined process to address any findings but will ensure that any high-risk vulnerabilities are addressed within 30 days.

  • Equipment The Fund shall obtain and maintain at its own cost and expense all equipment and services, including but not limited to communications services, necessary for it to utilize the Software and obtain access to the System, and Custodian shall not be responsible for the reliability or availability of any such equipment or services.

  • Information Technology Enterprise Architecture Requirements If this Contract involves information technology-related products or services, the Contractor agrees that all such products or services are compatible with any of the technology standards found at xxxxx://xxx.xx.xxx/iot/2394.htm that are applicable, including the assistive technology standard. The State may terminate this Contract for default if the terms of this paragraph are breached.

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