IT IS MUTUALLY AGREED AS FOLLOWS. 1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.
4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant...
IT IS MUTUALLY AGREED AS FOLLOWS. 1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection and a material testing for CITY PROJECT is estimated to be, two hundred twenty three thousand, eight hundred fourteen dollars and eighty six cents ($223,814.86) as detailed in "Exhibit B" (“COST ESTIMATE”).
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
3. During any portion of the CITY PROJECT, if a cost overrun exceeding ten percent (10%) of the COST ESTIMATE is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a timely manner to avoid construction delay, contractor mobilization, or similar costs.
4. Construction by COUNTY of improvements referred to herein which lie within CITY’s rights-of-way shall not be commenced until a Public Right-of-Way Permit has been issued to COUNTY, or COUNTY's contractor, authorizing such work.
5. The PARTIES shall obtain and/or cause any agent, subcontractor, or other representative of that PARTY to maintain insurance at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or programs of self- insurance with policy limits in sufficient amounts to cover any and all potential liability of such PARTY hereunder. COUNTY shall ensure that any contractor or subcontractors working on the CITY PROJECT will name the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives as additional insureds under all policies of insurance, and shall ensure that additional insured certificates be provided to CITY as specifically set forth in Exhibit D, City of Chula Vista Insurance Requirements. COUNTY shall also ensure that any contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the CITY and its respective elected officials, officers, employees, agents, and representatives against any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY’S active negligence or willful misconduct. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.
6. CITY shall be responsible for the maintenance of the improvements provided by...
IT IS MUTUALLY AGREED AS FOLLOWS. 9.1 Any agreement or obligation on the part of the Tenant (howsoever expressed) to do or not to do any particular act or thing shall also be construed as an obligation on the part of the Tenant not to permit or allow the same act on the part of any other person(s).
IT IS MUTUALLY AGREED AS FOLLOWS. (1) This PAYMENT AGREEMENT may be amended or canceled by mutual consent in writing of the parties.
(2) EBRPD agrees to indemnify and hold harmless SUCCESSOR AGENCY, the COUNTY OF CONTRA COSTA (“COUNTY”), its Board of Supervisors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of SUCCESSOR AGENCY, the COUNTY, its Board of Supervisors, officers, agents, employees or assigns.
(3) SUCCESSOR AGENCY agrees to indemnify and hold harmless EBRPD, its Board of Directors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of EBRPD, its Board of Directors, officers, agents, employees or assigns.
(4) Notices regarding this PAYMENT AGREEMENT shall be sent by first class mail, postage prepaid, to EBRPD at General Manager, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, to SUCCESSOR AGENCY c/o the COUNTY at Conservation and Development Department, Deputy Director for Redevelopment, Conservation and Transportation Programs, 00 Xxxx Xxxx, Martinez, CA 94553.
(5) This PAYMENT AGREEMENT shall run through completion of the PROJECT, unless otherwise terminated or amended except that the provisions of Section III, numbers 2 and 3 shall survive the completion of the PROJECT.
(6) This PAYMENT AGREEMENT contains the entire PAYMENT AGREEMENT between the parties with regard to matters described in this PAYMENT AGREEMENT and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter.
(7) This PAYMENT AGREEMENT shall take effect at the time and in the place prescribed in Health and Safety Code Section 34177.5(f) and 34179(h).
(8) This PAYMENT AGREEMENT shall be interpreted and enforced under the laws of the State of Cal...
IT IS MUTUALLY AGREED AS FOLLOWS. (i) The LESSORS and the LESSEE shall be governed by the provisions of Delhi Rent Control Act, 1958 and the statutory modification and/ or amendments thereto.
(ii) The term of the lease under this agreement shall be for 11 months commencing from 01-November- 2011 to 30- September-2012. The lease may be renewed further in writing with the mutual consent of the parties.
(iii) That in case the LESSEE desires to vacate the said premises earlier than the lease period of 11 (eleven) months or during the extended period thereof it can be done so by giving at least One month written notice to the LESSORS in advance.
(iv) That on termination of the lease, the LESSEE shall hand over vacant peaceful physical possession of the said premises to the LESSORS without any demur, cost, demand, and compensation of any sort.
(v) That all the expenses of this Lease Deed including its cost of stamp papers etc. shall be borne and paid by both the LESSORS and the LESSEE equally.
(vi) That in case of dispute or differences arising between the parties in respect of their rights/ obligations under this Agreement as regards interpretation or in respect of any matter attached to or arising out of this agreement, at any time, such dispute shall be settled by arbitration by an arbitral tribunal consisting of three arbitrators, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. Each party shall appoint an arbitrator and the third arbitrator shall be appointed by the two arbitrators so appointed. The seat of arbitration shall be New Delhi and the language of arbitration shall be English.
(vii) This agreement shall be governed by Indian law and the courts in New Delhi shall have exclusive jurisdiction in respect of matters arising under or in relation to this agreement.
IT IS MUTUALLY AGREED AS FOLLOWS. 1. That for the purpose of interpretation throughout this Agreement the masculine shall include the feminine and the singular include the plural and agreements or stipulations made by more than one person shall be deemed to have been made jointly and severally.
2. The Landlord hereby notifies the Tenant that the Premises are subject to a mortgage granted before the commencement of this tenancy and under Ground 2 of Schedule 2 to the Housing Xxx 0000 the Mortgagee may recover possession of the Premises and is entitled to exercise a power of sale.
3. If the Tenant shall by virtue of his failure to perform or observe any stipulations on his part contained in this agreement so that the conditions set out in all or any of Grounds 8, 10 - 15 inclusive and 17 of Schedule 2 to the Housing Xxx 0000 as amended by the Housing Xxx 0000 are fulfilled then the Landlord (or his Mortgagees) may recover possession of the Premises by Court action under the said Housing Act by satisfying the Court that all or any of those said Grounds are made out.
4. This Tenancy Agreement is intended to create an ASSURED SHORTHOLD TENANCY as defined in Section 20 of the Housing Xxx 0000 as amended by the Housing Xxx 0000 and the Landlord is entitled to possession of the Premises hereby demised at the end of the tenancy hereby created.
5. That the ASSURED SHORTHOLD TENANCY created by this Tenancy Agreement will be brought to an end by the Landlord or his agent on the Termination Date specified on Page 1 of this document or upon such later date as may be provided for under Section 21 of the Housing Xxx 0000 or as otherwise provided for in Section 21 of the Housing Xxx 0000 or as mutually agreed between the Landlord and the Tenant and that THIS CLAUSE of THIS CONTRACT shall be accepted by the Tenant as providing effective WRITTEN NOTICE of the same or as otherwise required by specific provisions of the TFA.
6. The Rent will be agreed between the parties with effect from each anniversary of the start of the tenancy should the parties agree to continue the tenancy beyond the initial Term and a new Termination Date will be agreed in this case.
7. In accordance with Section 48(1) of the Landlord and Xxxxxx Xxx 0000 the Tenant is informed that the Landlord may be contacted at 0x Xxxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxx, XX00 0XX, telephone 0000 000 0000, email: xxxxx@xxxxxxxxx.xxx; if the Landlord wishes to contact the Tenant formally he may do this by sending a registered or 1st class letter to the Pr...
IT IS MUTUALLY AGREED AS FOLLOWS. 1. That for the purpose of interpretation throughout this Agreement the masculine shall include the feminine and the singular include the plural and agreements or stipulations made by more than one person shall be deemed to have been made jointly and severally.
2. The Landlord hereby notifies the Tenant that the Premises are subject to a mortgage granted before the commencement of this tenancy and under Ground 2 of Schedule 2 to the Housing Xxx 0000 the Mortgagee may recover possession of the Premises and is entitled to exercise a power of sale.
3. If the Tenant shall by virtue of his failure to perform or observe any stipulations on his part contained in this agreement so that the conditions set out in all or any of Grounds 8, 10 - 15 inclusive and 17 of Schedule 2 to the Housing Xxx 0000 as amended by the Housing Xxx 0000 are fulfilled then the Landlord (or his Mortgagees) may recover possession of the Premises by Court action under the said Housing Act by satisfying the Court that all or any of those said Grounds are made out.
4. This Tenancy Agreement is intended to create an ASSURED SHORTHOLD TENANCY as defined in Section 20 of the Housing Xxx 0000 as amended by the Housing Xxx 0000 and the Landlord is entitled to possession of the Premises hereby demised at the end of the tenancy hereby created.
IT IS MUTUALLY AGREED AS FOLLOWS. The Caretaker is appointed as a contractor, not an employee of Council. The appointment is for a period of twelve (12) months ending ______________. Notwithstanding the foregoing, the appointment may be terminated either by Council’s Chief Executive Officer (the “CEO”) or by the Caretaker giving one (1) month’s notice of termination in writing to the other. The CEO may immediately terminate the appointment by notice in writing if the Caretaker seriously breaches this Agreement or, in the CEO’s opinion, misconducts themselves, is incompetent or negligent, or fails to comply with any direction given by Council. The Caretaker shall be responsible for:
IT IS MUTUALLY AGREED AS FOLLOWS. 23 1. CITY and COUNTY acknowledge and agree that any funding shortfall for the completion of the COUNTY 24 PROJECT will be the sole responsibility of COUNTY. Nothing in this Agreement is intended to commit 25 the CITY to funding any portion of COUNTY PROJECT, or shall be construed as obligating the CITY to 26 provide replacement funding for any anticipated funding or to continue with the COUNTY PROJECT, if 27 funds are no longer available. In the event that adequate funds are not available to move forward or to 28 complete COUNTY PROJECT, PARTIES agree to meet and confer and collectively work to identify 29 4 1 adequate funding for COUNTY PROJECT.
2 2. The total cost to COUNTY to complete construction, including asphalt grinding and repaving, localized 3 asphalt repair, engineering and inspection for COUNTY PROJECT is estimated to be one hundred seven 4 thousand dollars ($107,000.00) as detailed in Exhibit “B”.
5 3. CITY shall not be obligated to commence the COUNTY PROJECT until after receipt of COUNTY's 6 Deposit as required in Section 2, and CITY shall not be obligated to continue or complete COUNTY 7 PROJECT if there are insufficient funds in the COUNTY’s Deposit. Further, City shall not be obligated to 8 commence the COUNTY PROJECT until after receipt of COUNTY’s CEQA clearance for the COUNTY 9 PROJECT in writing as specified in subsection 3 of Section 1.
10 4. Construction by CITY of improvements for COUNTY PROJECT shall not be commenced until an 11 Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY.
12 5. CITY shall cause CITY's contractor to maintain in force, until completion and acceptance of the Van 00 Xxxxx Xxxxxx pavement rehabilitation, a policy of Commercial Liability Insurance, including coverage of
IT IS MUTUALLY AGREED AS FOLLOWS. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more 22 than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY 23 may award the contract.
