Signage All signs, notices and graphics of every kind or character, visible in or from public corridors, the Building Common Area or the exterior of the Premises shall be subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed. Without limiting the foregoing and subject to Landlord’s prior approval of the plans and specifications thereof (including, without limitation, the design, location, and size), Tenant shall have the right (“Exterior Signage Rights”) to install tenant identification signage on the exterior of the Building (the “Sign”), at Tenant’s sole cost and expense and in accordance with all applicable Laws (including any requirements set forth by the applicable agencies in the City and County of San Francisco) (the “Signage Requirements”). Tenant shall erect the Sign in accordance with the plans and specifications approved by Landlord, in a good and workmanlike manner, and at all times thereafter, Tenant shall maintain, at its sole cost and expense, the Sign in a good, clean and safe condition and in accordance with the Signage Requirements, including all repairs and replacements thereto. Upon the occurrence of any event of default and/or upon the termination or earlier expiration of this Lease, Tenant shall promptly remove the Sign, in which event Tenant shall be responsible for and shall repair any damage to the Building resulting therefrom. Tenant’s Exterior Signage Rights hereunder are personal to Dolby California, and, except with respect to an assignment to a Tenant Affiliate or Dolby Entity in connection with an assignment of this Lease, may not be assigned or transferred without the prior written consent of Landlord, which consent may be given or withheld or given upon conditions in Landlord’s sole and absolute discretion. Tenant shall be responsible for obtaining all permits and approvals (governmental and private) necessary for the installation and maintenance of the Sign. If Tenant fails to remove the Sign as required under this Section 32, Landlord shall have the right, at Tenant’s expense, to remove the Sign. Tenant shall indemnify, defend and protect Landlord and the Landlord Parties and hold Landlord and the Landlord Parties harmless from and against any and all, proceedings, losses, costs, damages, causes of action, liabilities, injuries or expenses arising out of or related to Tenant’s exercise of the Exterior Signage Rights granted hereunder, including, without limitation, any claims of injury to or death of persons or damage to property occurring or resulting directly or indirectly from the installation or maintenance of the Sign on the Building.
OWNERS’ ASSOCIATION 13.1 That the Purchaser shall become a member of the association / society that has been formed (details of association are given in annexure – A) to look after the maintenance of the Housing Project and shall abide by its rules.
13.2 In case the society / association has yet to be formed, the Purchaser shall pay to the Vendor such proportionate cost of outgoings such as common water charges, common lights, repairs, salaries of clerk, watchman, sweepers, etc., as may be determined by the Vendor. It is proposed that the monthly maintenance charges payable by the Purchaser to the Association/Vendor shall be Rs. 2/- per sft from the deemed date of completion of the Scheduled Flat. The rate shall be subject to change and periodic upward revision.
13.3 If the Purchaser ever fails to pay maintenance charges, corpus fund or other charges related to the Scheduled Flat, the Association shall be entitled to disconnect and stop providing all or any services to the Scheduled Flat including water, electricity, etc. Further, the Purchaser may be barred from using common amenities like clubhouse, swimming pool, parks, open areas, generator backup, etc., till such time all arrears are cleared.
13.4 The Purchaser shall pay corpus fund to the Association at the time of taking possession of the completed flat. The details of corpus fund payable are given in Annexure – A. The details of the initial monthly maintenance charges payable by the Purchaser to the Association/Vendor, from the deemed date of completion of the Scheduled Flat is given in Annexure -A.
13.5 The Vendor has proposed to deliver the common amenities in phases on or before completion of the last block of flats. The monthly maintenance charges payable by the Purchaser to the Association shall not be linked to provision/completion of common amenities. The Purchaser shall not raise any objection on this count.
13.6 The monthly maintenance charges payable to the Association are proposed to be increased from time to time and the Purchaser shall be liable to pay such increased charges.
13.7 The Purchaser agrees not to withhold or delay payment of monthly maintenance charges to the Association for any defects in construction. Repairs/correction of defects in construction, if any, is the responsibility of the Vendor and the Purchaser agrees to not withhold payment of monthly maintenance charges.
13.8 The Vendor shall be entitled to form the Owners Association and draft its bye-laws as he deems fit and proper. The Vendor and its nominees shall be the founding members of the Association. The Association shall be handed over to the members of the Association (i.e., prospective purchasers) at the time of completion of the entire Housing Project, by calling for elections for its executive committee members. Till such time the Vendor and its nominees shall run the day today affairs of the Association. The Purchaser shall not raise any objection on this count.
Site Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner that are designated for the use of the Contractor. Also referred to as Project Site, Job Site and Premises.
Grading systems of the institutions [It is recommended that receiving institutions provide the statistical distribution of grades according to the descriptions in the ECTS users’ guide7. A link to a webpage can be enough. The table will facilitate the interpretation of each grade awarded to students and will facilitate the credit transfer by the sending institution.]
Directory Listings 15.1.1 CBT, as publisher of its White Pages, will include Primary Listings of CLEC’s resale directory customers in its White Pages, and shall cause its publisher to include primary listings of CLEC’s directory customers in its Publisher’s Yellow Pages Directories under the following terms and conditions:
15.1.1.1 CBT will publish the Primary Listing of CLEC Directory Customers located within the geographic scope of its White Pages directory and will recover costs for both resale and facility based Customers in accordance with the Act.
Drainage Systems (1) Clear culvert inlets, outlets, and sediment catching basins.
(2) Maintain waterbars, drainage dips, and other water diversion measures.
(3) During active use, patrol and maintain functional drainage.
(4) Repair damaged culvert ends.
Dewatering (a) Where the whole of a site is so affected by surface water following a period of rain that all productive work is suspended by agreement of the Parties, then dewatering shall proceed as above with Employees so engaged being paid at penalty rates as is the case for safety rectification work. This work is typically performed by Employees engaged within CW1, CW2 or CW3 classifications. When other Employees are undertaking productive work in an area or areas not so affected then dewatering will only attract single time rates.
(b) Where a part of a site is affected by surface water following a period of rain, thus rendering some areas unsafe for productive work, consistent with the Employer’s obligations under the OH&S Act, appropriate Employees shall assist in the tidying up of their own work site or area if it is so affected. Where required, appropriate Employees will be provided with the appropriate PPE. Such work to be paid at single time rates. Productive work will continue in areas not so affected.
(c) To avoid any confusion any ‘dewatering’ time which prevents an Employee from being engaged in their normal productive work is not included in any calculation for the purposes of determining whether an Employee is entitled to go home due to wet weather (refer clauses 32.4 and 32.5)
Directory To participate in the MnDOT TGB program, a business must be certified at the time of contract execution. Certified Targeted Group Businesses are listed in the Directory of Certified Targeted Group, Economically Disadvantaged and VET Vendors. MnDOT makes no representation as to any TGB’s technical or financial ability to perform the work. Prime contractors are solely responsible for performing due diligence in hiring TGB firms. A TGB’s failure to perform the work will not be considered justification for a compensation increase or time extension.
Sites 11.1 To enable Digital Origin to fulfill its obligations under any Contract:
11.1.1 the Client shall permit or procure permission for Digital Origin and any other person(s) authorised by Digital Origin to have reasonable access to the Client’s Sites, Equipment and/or Leased Equipment and any other relevant telephone system and other equipment and shall provide such reasonable assistance as Digital Origin requests.
11.1.2 Digital Origin will normally carry out work by appointment and during Normal Working Hours but may request the Client to (and the Client shall) provide access at other times. In the event that the Client cancels, reschedules or misses any pre-arranged appointment, it shall be liable to Digital Origin for any costs and expenses which Digital Origin incurs as a result of such cancellation, rescheduling and/or missed appointment.
11.2 At the Client’s request, Digital Origin may agree (at its sole discretion) to work outside Normal Working Hours and the Client shall pay Digital Origin’s reasonable charges for complying with such a request.
11.3 The Client warrants, represents and undertakes that it has adequate health and safety provisions in place at its Sites.
11.4 The Client shall procure all consents, licences and permissions necessary from landlords or other third parties for the carrying out of preparation work, installation of Equipment and/or Leased Equipment and for the provision, use and operation of the Equipment and/or Leased Equipment and/or Services at the Sites (save to the extent Digital Origin has agreed in writing to do it).
11.5 In the event that the Client is not able to procure the necessary consent to provide the Services within ninety days of the Connection Date Digital Origin will be able to terminate the Contract forthwith by giving the Client written notice without any liability. If the Client has not managed to procure the necessary consents and Digital Origin has commenced work the Client shall, on request by Digital Origin, refund to Digital Origin the cost of all such work (including, without limitation, staff costs and equipment costs) of an amount no less than £500 as Early Termination Charges.
11.6 The Client shall provide Digital Origin with the site and building plans (to include full details of all internal cabling runs) of the Sites and provide Digital Origin with full details of all other services in the vicinity of the proposed works.
11.7 The Client is responsible for making the Site good after any work undertaken by Digital Origin at a Site, including without limitation replacing and re-siting items and for re-decorating.
11.8 If the Client is moving a Site, Digital Origin must be informed as soon as is reasonably practicable so that suitable arrangements can be made to transfer the Client’s Services and Equipment and/or Leased Equipment. Unless otherwise requested, Digital Origin, in addition to moving the Service and Equipment and/or Leased Equipment, will also endeavour (but cannot guarantee that it will be able, for example where the Client moves to a different exchange) to retain the Client’s relevant existing telephone number(s). If Digital Origin can transfer the Client’s existing number(s) to the new Site the existing Contract will continue under the same terms and conditions. If Digital Origin cannot transfer the Client’s existing number(s) to the new Site, installation of a new line will be required at the new Site, or if the Client requires any additional new lines, this will attract new line connection charges and a new Contract.
11.9 If the new installation or moving Site involves the visit of an engineer to facilitate the new installation the Client will be responsible for the costs incurred by Digital Origin for the appointment together with an administration fee in respect of any additional works required to be undertaken by Digital Origin to complete the transfer of the Services and Equipment and/or Leased Equipment.
11.10 If the Client moves Sites and leaves the Equipment and/or Leased Equipment for the new owner/tenant the Client is required to inform them that the Service will be discontinued if Digital Origin is not contacted by the new owner/tenant within 72 hours for the purpose of entering into a new contract with Digital Origin for such services and subject in any event to the agreement of such a contract.
11.11 If at the new Site the Client receives services from an alternative supplier the Client is responsible for any contractual agreement the Client has with them and any liabilities the Client may incur for terminating such agreement.
Communications Equipment (a) Subject to the provisions of this Section 3.5, Tenant shall have the non-exclusive right, at its sole cost and expense and for Tenant’s use, to install, maintain and operate upon the roof of the Building one (1) or a reasonable and necessary additional number of transmitters and/or receiver antennas or dishes approved by Landlord, which approval shall not be unreasonably withheld or delayed (collectively, the “Communications Equipment”) for use by Tenant in the conduct of its business; provided that such Communications Equipment may not materially compromise the aesthetics or appearance of the Building nor shall Landlord be required to incur any expense in accommodating the Communications Equipment. The Communications Equipment must be (i) designed, installed and operated in compliance with all Legal Requirements, and (ii) installed and operated so as not to adversely affect or impact structural, mechanical, electrical, elevator, or other systems serving the Building or customary telephone service for the Building and so as not to cause injury to persons or property, and without limitation of the foregoing, so as not to void or impair any applicable roof warranty. Upon the expiration or termination of this Lease, Tenant shall remove the Communications Equipment and repair any damage to the Building caused by the installation, maintenance, use or removal of the Communications Equipment.
(b) Landlord hereby grants to Tenant the right to install (at Tenant’s sole cost and expense) any additional equipment required to operate the Communications Equipment and to connect the Communications Equipment to Tenant’s other machinery and equipment located in the Leased Premises (e.g., conduits and cables) in the shafts, ducts, chases and utility closets located in the core of the building (“Additional Equipment”), which Additional Equipment shall be deemed a part of the Communications Equipment for all purposes of this Section 3.5; provided that (i) the use of such space in the Building core by Tenant (except customary chases for cabling) may not materially adversely affect the marketability of the remaining space on any floor of the Building, and (ii) to the extent any such Additional Equipment occupies space (other than space in customary chases for the Building) that would have otherwise been Net Rentable Area on a floor of the Building, such space shall be included within the Net Rentable Area of the Leased Premises and Tenant shall be obligated to pay Annual Basic Rent and Additional Rent with respect to such space as if such space was included in the Leased Premises. Tenant’s use of such space in the Building core shall be subject to the provisions of this Lease relating to Tenant’s use of Common Areas of the Building.
(c) Subject to the Building Rules and other reasonable rules relating to Building security and safety that may be promulgated by Landlord pertaining to access by tenants to the roof of the Building and provided Tenant does not unreasonably disturb any other tenants of the Building, Tenant and Tenant’s contractors shall have reasonable access to the Communications Equipment and the Additional Equipment for purposes of operating, servicing, repairing or otherwise maintaining said equipment.
(d) Nothing contained in this Section 3.5 shall be deemed to prohibit or restrict any other individual or entity, including Landlord or any other tenant of the Building, from installing communications equipment on the roof of the Building or to use the roof for any other purpose.
(e) In connection with its installation, repair, maintenance and removal of any Communications Equipment and Additional Equipment, Tenant, at Tenant’s sole cost and expense, shall comply with all applicable Building Rules and Legal Requirements and repair any damage to the Building caused by such installation, repair, maintenance or removal. In the event that the placement of Tenant’s Communications Equipment or Additional Equipment interferes with Landlord’s performance of any repair or maintenance to the Common Areas, including the roofs of the Buildings, any costs incurred by Landlord to temporarily or permanently relocate and reinstall Tenant’s Communications Equipment or Additional Equipment shall be included in the cost of such repair or maintenance as a Operating Expense.
(f) Tenant’s Communications Equipment and Additional Equipment existing as of the Commencement Date are hereby deemed to be approved by Landlord. Any changes to the existing Communications Equipment and/or Additional Equipment by Tenant shall first be approved by Landlord, which approval will not be unreasonably withheld or delayed.
(g) If Landlord shall place on the roof of any Building communications equipment of its own, or shall grant to any third party the right to locate and maintain any such equipment, all such equipment shall be located, designed and operated so as not to interfere with signals to and from Tenant’s Communications Equipment and Additional Equipment, the installation of which, in accordance with this Section 3.5, predates the installation of such other equipment. Similarly, any Communications Equipment and Additional Equipment hereafter installed by Tenant shall be located and designed so as not to interfere with signals to and from such other equipment belonging to Landlord or to third parties, that may have previously been installed. The party responsible for the communications equipment which interferes with equipment previously installed by others shall be required, at its or their expense, to take all measures necessary to eliminate the source of interference caused by such party’s equipment.
