Landscape Establishment Clause Samples

The Landscape Establishment clause defines the requirements and responsibilities for ensuring that newly installed landscaping, such as plants, lawns, and trees, become properly established and healthy after installation. Typically, this clause sets a specific period during which the contractor must maintain the landscaping, replace any dead or unhealthy plants, and ensure that all elements meet agreed-upon standards. Its core function is to guarantee that the landscape work achieves lasting results and to allocate responsibility for plant survival and maintenance during the critical early growth period.
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Landscape Establishment. 5.10.8.1 On or about May 1 following the first anniversary date of Final Acceptance, IFA will conduct an inspection of the Landscaping outside of the O&M Limits and no later than 60 days after such date will prepare or cause to be prepared a report describing what, if any, of such Landscaping has (i) died, (ii) failed to establish a root system reasonably expected for Landscaping of a similar type, nature and maturity or (iii) failed to show a growth habit reasonably expected for the Landscaping of a similar type, nature and maturity. If the report described in this Section 5.10.8.1 did not identify any of the conditions set forth in (i) – (iii) herein, then IFA will pay Developer $1,000,000. If the report described in this Section 5.10.8.1 identified any of the conditions set forth in (i) – (iii) herein, within 30 days of the receipt of said report by Developer, Developer shall submit a written plan to IFA which will be subject to IFA’s reasonable approval, setting forth the actions Developer will take to replace dead and underperforming Landscaping and to ensure that the conditions described in said report will not reoccur. Replacement plantings shall be completed within the same calendar year as the inspection. Upon completion of replacement plantings, IFA will pay Developer $1,000,000. 5.10.8.2 On or about May 1 following the second anniversary date of Final Acceptance, IFA will again inspect the Landscaping outside of the O&M Limits and will prepare or cause to be prepared a report as described in Section 5.10.8.1 no later than 60 days after the second anniversary date of Final Acceptance. If said report did not identify any of the conditions described in (i) – (iii) of Section 5.10.8.1 IFA shall pay Developer $1,000,000. If said report identified any of the conditions set forth in (i) – (iii) of Section 5.10.8.1 within 30 days of the receipt of said report by Developer, Developer shall submit a written plan to IFA, which will be subject to IFA’s reasonable approval, setting forth the actions Developer will take to replace dead and under-performing Landscaping and to ensure that the conditions described in said report will not reoccur. Replacement plantings shall be completed within the same calendar year as the inspection. Upon completion of replacement plantings, IFA will pay Developer $1,000,000.
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Landscape Establishment. The duration of the Landscape Establishment period shall be twenty-four (24) months and will commence upon receipt of Notice of Substantial Completion from the Engineer. If Notice of Substantial Landscape Completion is issued during the spring planting season, the Landscape Establishment period begins immediately and lasts for a period of twenty-four (24) months. If the Notice of Substantial Landscape Completion is issued at any other time, the Landscape Establishment period begins at the start of the next spring planting season (April 1st) and lasts for a period of twenty-four (24) months. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer, CDOT and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected, dead or dying material will be made, and corrective and necessary cleanup /replacement measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. North College Corridor Improvements – Conifer to ▇▇▇▇▇▇ July 14, 2014 Project Special Provisions During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or re-adjust guy material, stakes and posts. The Contractor will provide weekly mowings, grass trimming, a minimum of three (3) fertilizations per year (six (6) total over the source of the 24 month Landscape Establishment Period), and remove grass clippings from the projects hard surfaces. The Contractor shall also remove weeds from planting beds and tree area saucers on a monthly basis during the growing season, maintain specified depths of mulching material annually and fertilize trees via a root feeder during the spring of each growing season (two (2) times). It is anticipated that this project will be constructed in halves (west side, followed by the east side and median). The twenty-four (24) month Landscape Establishment (and warranty) period will not run independently from each other. There will only be one-single twenty-four month calendar for establishment. The Contractor will be required to maintain the “completed” landscape areas fully, until the remaining landscape areas are deemed complete by the Engineer, when the project...
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Landscape Establishment. 5.10.8.1 On or about May 1 following the first anniversary date of Final Acceptance, IFA will conduct an inspection of the Landscaping outside of the O&M Limits and no later than 60 days after such date will prepare or cause to be prepared a report describing what, if any, of such Landscaping has (i) died, (ii) failed to establish a root system reasonably expected for Landscaping of a similar type, nature and maturity or (iii) failed to show a growth habit reasonably expected for the Landscaping of a similar type, nature and maturity. If the report described in this Section 5.10.8.1 did not identify any of the conditions set forth in clauses (i) – (iii) herein, then IFA will pay Developer $1,000,000. If the report described in this Section 5.10.8.1 identified any of the conditions set forth in clauses (i) – (iii) herein, within thirty
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Related to Landscape Establishment

  • PERMANENT ESTABLISHMENT 1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term " permanent establishment" includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. 3. The term "permanent establishment" also includes: (a) a building site or construction or assembly or installation project or supervisory activities in connection therewith, but only where such site, project or activities continue for a period or periods aggregating more than 6 months within any twelve-month period; (b) the furnishing of services, including consultancy services, by a resident of a Contracting State through employees or other personnel engaged by the enterprise for a period or periods aggregating more than 183 days within any twelve-month period. 4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person -- other than an agent of an independent status to whom paragraph 6 applies -- is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

  • Maintenance and Repairs (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

  • Heating, Ventilating and Air Conditioning General Office Area: The building shall be equipped with a combination heating, ventilation and air conditioning system. The system shall have ducted supply and return air. The space above the ceiling shall not be used as a supply or return plenum. The systems shall be sized in accordance with the

  • Heating, Ventilation and Air Conditioning Landlord shall furnish to the Premises heating, ventilation and air-conditioning (“HVAC”) in accordance with the Design Standards set forth in Exhibit E during Ordinary Business Hours. Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord (collectively, “Mechanical Installations”), and Tenant shall not construct partitions or other obstructions which may interfere with Landlord’s access thereto or the moving of Landlord’s equipment to and from the Mechanical Installations. No Tenant Party shall at any time enter the Mechanical Installations or tamper with, adjust, or otherwise affect such Mechanical Installations. Landlord shall not be responsible if the HVAC System fails to provide cooled or heated air, as the case may be, to the Premises in accordance with the Design Standards by reason of (i) any equipment installed by, for or on behalf of Tenant, which has an electrical load in excess of the average electrical load and human occupancy factors for the HVAC System as designed, or (ii) any rearrangement of partitioning or other Alterations made or performed by, for or on behalf of Tenant. Tenant shall install, if missing, blinds or shades on all windows, which blinds and shades shall be subject to Landlord’s approval, and shall keep all of the operable windows in the Premises closed, and lower the blinds when necessary because of the sun’s position, whenever the HVAC System is in operation or as and when required by any Requirement. Tenant shall cooperate with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System.

  • Establishment On and after the Closing Date, the Indenture Trustee will maintain the Bank Accounts established by the Servicer under Section 4.1 of the Sale and Servicing Agreement.