Maintenance and Operation of Community Improvements by Developer and Successors Sample Clauses

Maintenance and Operation of Community Improvements by Developer and Successors. The Parties agree that Developer shall in perpetuity own and maintain in good and workmanlike condition, and otherwise in accordance with all applicable laws and any applicable permits, all Community Improvements and Public Improvements that are not accepted by City for maintenance. A map of the Project Site identifying all Community Improvements and Public Improvements subject to this on-going maintenance and operations obligation, and the respective land area of each sub-category of space (including, for example, the park and open space system, bio-xxxxxx, sidewalk and streetscape areas, etc.) is attached as Exhibit H to this Agreement and incorporated herein (the “Area of Private Maintenance and Operations Obligations Map”). The provisions of this Section 3.5.3 shall survive the expiration of this Agreement. In order to ensure that the Community Improvements owned by Developer are maintained a clean, good and workmanlike condition, Developer shall record proposed Covenants, Conditions, and Restrictions (“CC&Rs”) that include a requirement that a master home owner’s association (“Master HOA”) provide all necessary and ongoing maintenance and repairs at no cost to the City, with appropriate home owners’ dues to provide for such maintenance. Any failure of the Master HOA to perform its obligations to provide all necessary and ongoing maintenance and repairs, such breach shall not be considered a Default or otherwise be held against the Developer under this Agreement and the City’s remedy shall be its enforcement rights under the CC&Rs. The proposed budget for the on-going maintenance and operations of the Community Improvements shall be subject to the review and approval by OEWD and the Planning Department, based on a third-party consultant study verifying the commercial reasonableness of an initial and 20-year “build-out” budget. The CC&Rs identified herein shall be subject to the reasonable review and approval by the City Attorney, OEWD, and the Planning Department and shall expressly provide the City a third party right to enforce the maintenance and repair provisions of the CC&Rs.
Sample 1
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Related to Maintenance and Operation of Community Improvements by Developer and Successors

  • Application and Operation of Agreement Clause No. Title

  • Maintenance and Operation Member-Generator agrees to maintain their system and facilities in accordance with applicable manufacturer's recommended maintenance schedule and standard prudent engineering practices. Member-Generator covenants and agrees to operate their system, facilities and equipment so as to minimize the likelihood for a malfunction or other disturbance, damaging or otherwise affecting or impairing Cooperative’s electrical system. Member-Generator shall comply with all applicable laws, regulations, zoning, building codes, safety rules and other environmental regulations or restrictions applicable to the design, installation, operation and maintenance of the Member-Generator's System. Member-Generator must, at least once every year, conduct a test to confirm that Member-Generator’s System automatically ceases to energize the output (interconnection equipment output voltage goes to zero) within two (2) seconds of being disconnected from Cooperative’s electrical system. Disconnecting the Member-Generator’s System from Cooperative’s electrical system at the visible disconnect switch and measuring the time required for the unit to cease to energize the output shall satisfy this test. Member-Generator shall maintain a record of the results of these tests and, upon request by Cooperative, shall provide a copy of the test results to Cooperative. If Member-Generator is unable to provide a copy of the test results upon request, Cooperative shall notify Member- Generator by mail that Member-Generator has thirty (30) days from the date Member-Generator receives the request to provide Cooperative with the results of a test. If Member-Generator does not provide Cooperative with the test results within the thirty (30) day time period or if the test results provided to Cooperative show that Member-Generator’s net metering unit is not functioning correctly, Cooperative may immediately disconnect Member-Generator’s System from Cooperative’s electrical system. If Member-Generator’s equipment ever fails this test, Member-Generator shall immediately disconnect Member-Generator’s System from Cooperative's electrical system. Member-Generator’s System shall not be reconnected to Cooperative's electrical system by the Member-Generator until Member-Generator’s System is repaired and operating in a normal and safe manner. Cooperative shall have the right to have a representative present and informed when any such tests are conducted. Cooperative does not warrant the testing procedures or results by the presence of its representative. Member-Generator is responsible for protecting their equipment from transient high voltage spikes caused by lightning and/or transient low voltage conditions caused by faults or short circuits, and from any other causes or events. Therefore, Cooperative shall not be responsible for damage to Member-Generator’s equipment allegedly caused by transient high voltage spikes caused by lightning and/or transient low voltage conditions caused by faults or short circuits or other causes or events. Member-Generator agrees to notify Cooperative no less than thirty (30) days prior to modification of the components or design of the Member-Generator’s System that in any way may degrade or significantly alter the System’s output characteristics. Member-Generator acknowledges that any such modifications will require submission of a new Application and Agreement to Cooperative.

  • INTERNET PLANNING, ENGINEERING AND OPERATIONS ‌ Job Title: Internet/Web Engineer Job#: 2620 General Characteristics Integrally involved in the development and support of all Internet/Intranet/Extranet sites and supporting systems. Works closely with other IT groups and customers to define the system design and user interface based on customer needs and objectives. Participates in all phases of the development and implementation process, and may act as a project manager on special projects. Ensures the integration of the Web servers and all other supporting systems. Responsible for system tuning, optimization of information/data processing, maintenance and support of the production environment.

  • Application and Operation Subject Matter Clause No.

  • Variation and Operation Pursuant to and subject to clause 5 of the State Agreement the parties agree to amend the State Agreement in the manner set out in this Agreement.

  • Construction of Public Improvements a. Upon satisfaction of the conditions set forth in Paragraph 2.1 and the notice requirement set forth below, Developer shall construct the Public Improvements at its own expense in accordance with this Agreement, the Final Plat, the Resolution, the Civil Engineering Construction Plans, the Town’s ordinances, resolutions and regulations and all other applicable laws and regulations. All Public Improvements shall be installed and constructed within the rights- of-way or easements dedicated to the Town. Unless otherwise approved by the Town in writing, all materials used for constructing the Public Improvements shall be materials set forth on the Town’s approved material list. Workmanship and materials shall be of good quality.

  • General Maintenance The LLC will establish and maintain a Capital Account for each Member. A Member’s Capital Account balance (“Capital Account Balance”) will be:

  • Operation and Maintenance 17.1 O&M obligations of the Concessionaire

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