Common use of Maintenance and Improvements Clause in Contracts

Maintenance and Improvements. During the Term, Supplier shall keep the SLC Assets in good operating order, repair condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted. The SLC Assets shall be maintained by Supplier as directed by Purchaser and consistent with Purchaser’s then-current procedures for preventative maintenance and operating procedures including weekly and annual preventative maintenance work. Consideration for the maintenance of SLC Assets by Supplier for the Term is incorporated in the prices for Existing PET Products included in Schedule A and will be included in the prices for any New PET Products. Notwithstanding the foregoing, Purchaser, and not Supplier or any of its Affiliates, shall be obliged to conduct, or cause to be conducted, mold refurbishments reasonably required to maintain the SLC Assets and shall be responsible for the cost of repairing or replacing any SLC Assets that are defective or malfunctioning (except to the extent that such defects or malfunctions arise as a result of Supplier’s failure to maintain the SLC Assets in accordance with the first two sentences of this Section 4.10). Prior to the start of each calendar year, Supplier shall provide Purchaser with an estimate of capital investments with respect to the SLC Assets for the next year. Neither Supplier nor any of its Affiliates shall make any capital expenditures with respect to the SLC Assets without the prior written consent of Purchaser. Upon receipt of such consent, Supplier shall make, or cause to be made, such capital expenditures and shall invoice Purchaser for any expenses incurred in undertaking such capital expenditures. If Purchaser does not consent to, or agree to reimburse Supplier for any such capital expenditures, neither Supplier nor any of its Affiliates shall have any obligation to make such capital expenditures and none of them shall be liable for any interruptions or deficiencies if the supply of PET Products under this Agreement, any deterioration of the SLC Assets or any other liability, arising out of or resulting from the failure to make any such capital expenditure. The parties agree that capital expenditures subject to approval and reimbursement by Purchaser shall not include costs associated with routine maintenance (other than mold refurbishments) covered by the first two sentences of this Section 4.10.

Maintenance and Improvements. During the Term, Supplier shall keep the SLC Newark Assets in good operating order, repair condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted. The SLC Newark Assets shall be maintained by Supplier as directed by Purchaser and consistent with Purchaser’s then-current procedures for preventative maintenance and operating procedures including weekly and annual preventative maintenance work. Consideration for the maintenance of SLC Newark Assets by Supplier for the Term is incorporated in the prices for Existing PET Products Plastic Components included in Schedule A and will be included in the prices for any New PET ProductsPlastic Components. Notwithstanding the foregoing, Purchaser, and not Supplier or any of its Affiliates, shall be obliged to conduct, or cause to be conducted, mold refurbishments reasonably required to maintain the SLC Newark Assets and shall be responsible for the cost of repairing or replacing any SLC Newark Assets that are defective or malfunctioning (except to the extent that such defects or malfunctions arise as a result of Supplier’s failure to maintain the SLC Newark Assets in accordance with the first two sentences of this Section 4.105.5). Prior to the start of each calendar year, Supplier shall provide Purchaser with an estimate of capital investments with respect to the SLC Newark Assets for the next year. Neither Supplier nor any of its Affiliates shall make any capital expenditures with respect to the SLC Newark Assets without the prior written consent of Purchaser. Upon receipt of such consent, Supplier shall make, or cause to be made, such capital expenditures and shall invoice Purchaser for any expenses incurred in undertaking such capital expenditures. If Purchaser does not consent to, or agree to reimburse Supplier for any such capital expenditures, neither Supplier nor any of its Affiliates shall have any obligation to make such capital expenditures and none of them shall be liable for any interruptions or deficiencies if the supply of PET Products Plastic Components under this Agreement, any deterioration of the SLC Newark Assets or any other liability, arising out of or resulting from the failure to make any such capital expenditure. The parties agree that capital expenditures subject to approval and reimbursement by Purchaser shall not include costs associated with routine maintenance (other than mold refurbishments) covered by the first two sentences of this Section 4.105.5.

Maintenance and Improvements. During the Term, Supplier shall perform all maintenance reasonably required to keep the SLC Voghera Assets in good operating order, repair repair, condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted. The SLC Assets shall be maintained by Supplier as directed by Purchaser and consistent with Purchaser’s then-current procedures for preventative maintenance and operating procedures including weekly and annual preventative maintenance work. Consideration for the maintenance of SLC Assets by Supplier for the Term is incorporated in the prices for Existing PET Products included in Schedule A and will be included in the prices for any New PET Products. Notwithstanding the foregoing, Purchaser, and not Supplier or any of its Affiliates, shall be obliged to conduct, or cause to be conducted, mold refurbishments reasonably required to maintain the SLC Voghera Assets and shall be responsible for the cost of repairing or replacing any SLC Voghera Assets that are defective or malfunctioning (except to the extent that such defects or malfunctions arise as a result of Supplier’s failure to maintain the SLC Voghera Assets in accordance with the first two sentences sentence of this Section 4.105.4). Prior to the start of each calendar year, Supplier shall provide Purchaser with an estimate of capital investments with respect to the SLC Assets Voghera assets for the next year. Neither Supplier nor any of its Affiliates shall make any capital expenditures in respect of capital investments with respect to the SLC Voghera Assets without the prior written consent of Purchaser. Upon receipt of such consent, Supplier shall make, or cause to be made, such capital expenditures and shall invoice Purchaser for any expenses incurred in undertaking such capital expenditures. If Purchaser does not consent to, or agree to reimburse Supplier for any such capital expenditures, neither Supplier nor any of its Affiliates shall have any obligation to make such capital expenditures and none of them shall be liable for any interruptions or deficiencies if the supply of PET Products Preforms under this Agreement, any deterioration of the SLC Voghera Assets or any other liability, arising out of or resulting from the failure to make any such capital expenditure. The parties agree that capital expenditures subject to approval and reimbursement by Purchaser shall not include costs associated with routine maintenance (other than mold refurbishments) covered by the first two sentences sentence of this Section 4.105.4.

Maintenance and Improvements. 9.1 During the Term, Supplier Term the Manager shall keep the SLC Assets Premises in a clean and wholesome condition, and shall provide janitorial services for the Premises at its own expense. 9.2 The Town shall be responsible to keep in good operating orderrepair as would a prudent owner the structure of the building, repair condition including exterior walls and appearance roofs, and the mechanical systems within or necessarily incidental to the Premises. 9.3 No replacements, improvements or alterations shall be made to the Premises, or to any associated office or storage areas, by the Manager without the Town’s prior written approval. The Manager shall submit to the Town details of the proposed work, including, if required by the Town, drawings and specifications prepared by qualified architects or engineers conforming to good engineering practice and all such replacements, improvements or alterations shall be performed: (a) in good and workmanlike manner at the sole cost of the Manager, unless otherwise agreed to by the Town, by contractors or workmen approved by the Town; (b) in accordance with normal industry standardsdrawings and specifications approved by the Town if such drawings and specifications were required and, normal wear in any event, in accordance with all applicable legal and tear insurance requirements; and (c) subject to the reasonable regulations, supervision, control and impairments inspection of value exceptedthe Town. 9.4 All Leasehold Improvements (other than Trade Fixtures) shall immediately upon their placement become the Town’s property without compensation to the Manager. The SLC Assets Except as otherwise agreed by the Town in writing, no Leasehold Improvements shall be maintained removed from the Premises or any associated office or storage areas by Supplier as directed by Purchaser and consistent with Purchaser’s then-current procedures for preventative maintenance and operating procedures including weekly and annual preventative maintenance work. Consideration for the maintenance Manager either during or at the expiry or sooner termination of SLC Assets by Supplier for this Lease, except that: (a) the Term is incorporated Manager may, in the prices for Existing PET Products included usual course of its business, remove its Trade Fixtures, provided that the Manager is not then in Schedule A and will be included default under this Lease; and (b) the Manager shall, at the expiration or earlier termination of this Lease, at its sole expense, remove such of the Leasehold Improvements in the prices for any New PET Products. Notwithstanding Premises as the foregoing, Purchaser, and not Supplier or any of its Affiliates, Town shall be obliged to conduct, or cause require to be conducted, mold refurbishments reasonably required to maintain removed and restore the SLC Assets and shall be responsible for the cost of repairing or replacing any SLC Assets that are defective or malfunctioning (except Premises to the extent that required by the Town and the Manager, at its own expense, shall repair any damage caused to the West Central Events Centre or the Premises by such defects removal. 9.5 If the Manager does not remove its Trade Fixtures at the expiry or malfunctions arise as a result of Supplier’s failure to maintain the SLC Assets in accordance with the first two sentences earlier termination of this Section 4.10). Prior to Lease, the start of each calendar yearTrade fixtures shall, Supplier shall provide Purchaser with an estimate of capital investments with respect to at the SLC Assets for the next year. Neither Supplier nor any of its Affiliates shall make any capital expenditures with respect to the SLC Assets without the prior written consent of Purchaser. Upon receipt of such consent, Supplier shall make, or cause to be made, such capital expenditures and shall invoice Purchaser for any expenses incurred in undertaking such capital expenditures. If Purchaser does not consent to, or agree to reimburse Supplier for any such capital expenditures, neither Supplier nor any of its Affiliates shall have any obligation to make such capital expenditures and none of them shall be liable for any interruptions or deficiencies if the supply of PET Products under this Agreement, any deterioration option of the SLC Assets or any other liabilityTown, arising out become the property of or resulting the Town and may be removed from the failure to make any such capital expenditure. The parties agree that capital expenditures subject to approval Premises and reimbursement by Purchaser shall not include costs associated with routine maintenance (other than mold refurbishments) covered sold or disposed of by the first two sentences of this Section 4.10Town in such manner as it deems advisable.