Common use of Licensee Covenants Clause in Contracts

Licensee Covenants. The Licensee shall: (a) promptly pay when due, the Licence Fee and any other amounts required to be paid by it under this Agreement; (b) not do, suffer, or permit anything in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the Lands, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Area, or to the public, including the accumulation of rubbish or unused personal property of any kind; (c) keep and maintain the Licence Area, and all improvements constructed thereon, in a safe, tidy, and sanitary condition; (d) use the Licence Area only for the purpose set out in section 4 of this Agreement; (e) take all reasonable precautions to ensure the safety of all persons using the Licence Area; (f) provide the District with a copy of a valid Food Safe certificate as per the current Health Act Regulations; (g) provide the District with a valid business licence to do business in Summerland; (h) not commit or allow any wilful or voluntary waste or destruction of the Licence Area; (i) not permit the accumulation of rubbish of any kind on the Licence Area; (j) not display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the District; (k) not use or sell products that are perceived by the District to present a safety hazard or risk, or are otherwise not approved by the District for use or sale at the License Area, as may be communicated by notice from the District from time to time; (l) promptly discharge any builder’s lien which may be filed against the Licence Area relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under the Builders' Lien Act (British Columbia); (m) pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Licence Area, except utilities, building maintenance and equipment repair, which are paid for by the District; (n) carry on and conduct its activities in, on, and from the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations, and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereof.

Licensee Covenants. The Licensee shall: (a) promptly pay when due, the Licence Fee and any other amounts required to be paid by it under this Agreement; (b) not do, suffer, or permit anything in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the Lands, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Area, or to the public, including the accumulation of rubbish or unused personal property of any kind; (c) keep and maintain the Licence Area, and all improvements constructed thereon, immediate operating area in a safe, tidy, and sanitary condition; (d) use the Licence Area only for the purpose set out in section 4 of this Agreement; (e) take all reasonable precautions to ensure the safety of all persons using the Licence AreaArea in respect to the services provided under this agreement; (f) provide the District with a copy of a valid Food Safe certificate as per the current Health Act Regulations; (g) provide the District with a valid business licence to do business in Summerland; (h) not commit or allow any wilful or voluntary waste or destruction of the Licence Area; (ih) not permit the accumulation of rubbish of any kind on the Licence Area; (ji) not display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the District; (kj) not use or sell products that are perceived by the District to present a safety hazard or risk, or are otherwise not approved by the District for use or sale at the License Area, as may be communicated by notice from the District from time to time; (l) promptly discharge any builder’s lien which may be filed against the Licence Area relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under the Builders' Lien Act (British Columbia); (m) pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Licence Area, except utilities, building maintenance and equipment repair, which are paid for by the District; (nk) carry on and conduct its activities in, on, and from the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations, and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereof; (l) operate only within the posted park operational hours or as outlined in Bylaw No. 95- 013 (A Bylaw to regulate use of public parks, public beaches and municipal property within the corporate limits of the District; (m) The Licensee shall remove all equipment and vehicles brought onto the Licence Area prior to park closure each day and shall leave the Licence Area in good repair and in a clean, tidy, safe condition. Any items not removed by the Licensee at park closure may be removed by the District. If the Licensee has not recovered the items from the District within thirty (30) days of abandonment, the items shall be absolutely forfeited to and become the property of the District and the District may, at its sole option, retain the items or it may remove and dispose of them. The cost of removal and disposal of any items shall be charged to the Licensee, and shall be paid by the Licensee to the District forthwith; and (n) respect and uphold that vending locations are available on a first come basis among approved vendors and public parking.

Licensee Covenants. The Licensee shall: (a) promptly pay when due, the Licence Fee and any other amounts required to be paid by it under this Agreement; (b) not do, suffer, or permit anything in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the Lands, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Area, or to the public, including the accumulation of rubbish or unused personal property of any kind; (c) keep and maintain the Licence Area, and all improvements constructed thereon, in a safe, tidy, and sanitary condition; (d) use the Licence Area only for the purpose set out in section 4 of this Agreement; (e) take all reasonable precautions to ensure the safety of all persons using the Licence Area; (f) provide the District with a copy of a valid Food Safe certificate as per the current Health Act Regulations; (g) provide the District with a valid business licence to do business in Summerland; (h) not commit or allow any wilful or voluntary waste or destruction of the Licence Area; (ig) not permit the accumulation of rubbish of any kind on the Licence Area; (jh) not display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the District; (k) not use or sell products that are perceived by the District to present a safety hazard or risk, or are otherwise not approved by the District for use or sale at the License Area, as may be communicated by notice from the District from time to time; (l) promptly discharge any builder’s lien which may be filed against the Licence Area relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under the Builders' Lien Act (British Columbia); (mi) pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Licence Area, except utilities, building maintenance and equipment repair, which are paid for by the District;. (nj) carry on and conduct its activities in, on, and from the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations, and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereof.

Licensee Covenants. The Licensee shall: (a) promptly pay when due, the Licence Fee and any other amounts required to be paid by it under this Agreement; (b) not do, suffer, or permit anything in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the Lands, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Area, or to the public, including the accumulation of rubbish or unused personal property of any kind; (c) keep and maintain the Licence Area, and all improvements constructed thereon, immediate operating area in a safe, tidy, and sanitary condition; (d) use the Licence Area only for the purpose set out in section 4 of this Agreement; (e) take all reasonable precautions to ensure the safety of all persons using the Licence AreaArea in respect to the services provided under this agreement; (f) provide comply with any orders from the District with a copy Public Health Officer of a valid Food Safe certificate the Government of British Columbia and any other orders from any other areas of government. Licensee must ensure that employees and subcontractors do not visit the Licence Area if they are feeling sick or should otherwise be required to self-quarantine. Licensee shall take measures to ensure physical distancing, as per the current Health Act Regulations;required, to reduce potential transmission of communicable diseases (g) provide the District with a valid business licence to do business in Summerland; (h) not commit or allow any wilful or voluntary waste or destruction of the Licence Area; (ih) not permit the accumulation of rubbish of any kind on the Licence Area; (ji) not display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the District; (k) not use or sell products that are perceived by the District to present a safety hazard or risk, or are otherwise not approved by the District for use or sale at the License Area, as may be communicated by notice from the District from time to time; (l) promptly discharge any builder’s lien which may be filed against the Licence Area relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under the Builders' Lien Act (British Columbia); (m) pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Licence Area, except utilities, building maintenance and equipment repair, which are paid for by the District; (nj) carry on and conduct its activities in, on, and from the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations, and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereof; (k) operate only within the posted park operational hours or as outlined in Bylaw Xx. 00- 000 (X Xxxxx to regulate use of public parks, public beaches and municipal property within the corporate limits of the District); and (l) respect and uphold that vending locations are available on a first come basis among approved vendors and public parking.

Licensee Covenants. The Licensee shall:covenants and agrees:‌ (a) promptly pay when due, to use the Licence Fee and any other amounts required to be paid by it under Area only for the purposes set out in section 3 of this Agreement; (b) to promptly pay the Licence Fee when due;‌ (c) to provide all equipment and supplies that may be required to use the Licence Area for the permitted purposes set out in section 3 of this Agreement; (d) to keep the Licence Area in a clean, safe and sanitary condition at all times; (e) to maintain the Garden throughout the Term in a neat and orderly fashion, to a standard equal to or better than the standard maintained by the City for its own gardens and green spaces, and such that all garden plots are kept clean, organized and properly weeded, and all plants are properly identified, aesthetically pleasing, and not harmful in any way to park visitors or wildlife;‌ (f) not to store, dispose, treat, use, release, or transport any environmental contaminants on or from the Land, and to promptly remove all environmental contaminants from the Land which it has released or permitted to be released into the Land; (g) to ensure all gardening practices, including but not limited to watering and the application of pesticides, are carried out in strict compliance with the City’s bylaws, policies and practices; (h) to ensure that the Garden is open to the public once the construction of the garden is complete, and not to deny public access to the surrounding park land at any time; (i) not to do, suffer, or permit anything that may be or become a nuisance or annoyance in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the LandsLand, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Areaadjoining lands, or to the public, including the accumulation of rubbish or unused personal property of any kind; (cj) keep to pay all costs and maintain expenses of any kind whatsoever associated with and payable in respect of the Licence Area, including without limitation, all taxes, levies, charges and assessments, all improvements constructed thereonpermit and licence fees, in a safe, tidyall repair and maintenance costs, and sanitary conditioncosts for electricity);‌ (k) to keep any compost and green waste in an enclosed and secure container on the Land, which container will be provided and emptied by the City; (dl) use to mainly grow and permit the Licence Area only growing of zone 6 & 7 perennial botanical plants listed in Schedule “C”. Other related plants that present no hazards and are safe for public viewing and access may be grown upon approval by the purpose set out in section 4 of this Agreement;City’s Horticultural Manager;‌ (e) take all reasonable precautions to ensure the safety of all persons using the Licence Area; (f) provide the District with a copy of a valid Food Safe certificate as per the current Health Act Regulations; (g) provide the District with a valid business licence to do business in Summerland; (hm) not to commit or allow any wilful or voluntary waste or destruction of the Licence AreaArea or the surrounding Land, and not to do, suffer, or permit any act or neglect that may in any manner directly or indirectly cause injury to the Licence Area or the surrounding Land; (in) not to permit the accumulation of rubbish or unused personal property of any kind on the Licence Area; (jo) not to display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the DistrictCity, including but not limited to plant educational signage, sponsor and donor recognition signage; (kp) not use to install or sell products that are perceived by permit the District to present a safety hazard installation of any advertising on the Licence Area or risk, or are otherwise not approved by on the District for use or sale at the License Area, as may be communicated by notice from the District from time to time;Land;‌ (lq) to promptly discharge any builder’s lien which may be filed against the Licence Area title to the Land relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under Area, and to comply at all times with the Builders' Builders Lien Act (British Columbia)) in respect of any such work or construction undertaken on the Licence Area; (mr) pay to store and secure all costs construction, tools, materials and expenses of any kind whatsoever associated with accessories in the designated temporary locked storage unit in the license area. Once the garden is complete and payable operational, all garden tools and accessories to be stored in respect of tool shed hardscaped into the Garden design;‌ (s) to keep all park pathways adjacent to the Licence AreaArea open and accessible to the public and free and clear of all materials and tools, except utilities, building maintenance and equipment repair, which are paid for by the Districtincluding during active Garden maintenance; (nt) carry on to ensure that any group educational session does not impede or disrupt other park visitors in their enjoyment of and conduct its activities inaccess to the Garden and the Land; (u) by September, on2020, supply, install, and from maintain, at Licensee’s sole cost, a rain collection system and hand-watering schedule to meet Garden irrigation needs (water line access, adjacent to the Land, will be supplied by the City). Any interim irrigation measures will be determined between the Licensee and the City’s Horticultural Supervisor; (v) at all times during the Term of this Agreement, to use the Licence Area in compliance with any and all statutes, laws, statutesregulations and orders of any authority having jurisdiction and, enactmentswithout limiting the generality of the foregoing, bylawsall federal, provincial, or municipal laws or statutes or bylaws relating to environmental matters, including all the rules, regulations, and orders from time policies, guidelines, criteria or the like made under or pursuant to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereofany such laws.

Licensee Covenants. The Licensee shall: (a) promptly pay when due, the Licence Fee and any other amounts required to be paid by it under this Agreement; (b) not do, suffer, or permit anything in, on, or from the Licence Area that may be or become a nuisance or annoyance to other occupiers or users of the Lands, or to the owners, occupiers, or users of other land or premises adjacent to or near the Licence Area, or to the public, including the accumulation of rubbish or unused personal property of any kind; (c) keep and maintain the Licence Area, and all improvements constructed thereon, immediate operating area in a safe, tidy, and sanitary condition; (d) use the Licence Area only for the purpose set out in section 4 of this Agreement; (e) take all reasonable precautions to ensure the safety of all persons using the Licence AreaArea in respect to the services provided under this agreement; (f) provide the District with a copy of a valid Food Safe certificate as per the current Health Act Regulations; (g) provide the District with a valid business licence to do business in Summerland; (h) not commit or allow any wilful or voluntary waste or destruction of the Licence Area; (ih) not permit the accumulation of rubbish of any kind on the Licence Area; (ji) not display any sign or notice on or in the Licence Area unless the sign or notice has first been approved by the District; (kj) not use or sell products that are perceived by the District to present a safety hazard or risk, or are otherwise not approved by the District for use or sale at the License Area, as may be communicated by notice from the District from time to time; (l) promptly discharge any builder’s lien which may be filed against the Licence Area relating to any improvements, work or construction which the Licensee undertakes or causes to be undertaken at or on the Licence Area under the Builders' Lien Act (British Columbia); (m) pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Licence Area, except utilities, building maintenance and equipment repair, which are paid for by the District; (nk) carry on and conduct its activities in, on, and from the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations, and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on, or from the Licence Area in contravention thereof; (l) operate only within the posted park operational hours or as outlined in Bylaw Xx. 00- 000 (X Xxxxx to regulate use of public parks, public beaches and municipal property within the corporate limits of the District; (m) The Licensee shall remove all equipment and vehicles brought onto the Licence Area prior to park closure each day and shall leave the Licence Area in good repair and in a clean, tidy, safe condition. Any items not removed by the Licensee at park closure may be removed by the District. If the Licensee has not recovered the items from the District within thirty (30) days of abandonment, the items shall be absolutely forfeited to and become the property of the District and the District may, at its sole option, retain the items or it may remove and dispose of them. The cost of removal and disposal of any items shall be charged to the Licensee, and shall be paid by the Licensee to the District forthwith; and (n) respect and uphold that vending locations are available on a first come basis among approved vendors and public parking.