Maintenance Covenants. Commencing on the First Closing and terminating 30 years thereafter, the Retail Developer and Residential Developer shall maintain the Retail Component Property and the Residential Component Property, respectively, and all respective improvements thereon, including all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center as to the Retail Component and first class residential as to the Residential Component, respectively. Without limiting the forgoing, the Retail Developer shall specifically maintain the Retail Component and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Retail Component and any and all other improvements on the Retail Component Property. To accomplish the maintenance, Developer shall either staff or contract with and hire qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies:
(i) All improvements to the Residential Component Property and the Retail Component Property shall be maintained by the applicable Developer in conformance and in compliance with the reasonable commercial or residential development maintenance standards, as applicable, for similar first quality developments in California, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline.
(ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and...
Maintenance Covenants. The Redeveloper, and all successors and assigns in interest to the Redeveloper, shall be obligated to maintain the Redevelopment and all improvements and landscaping situated on the Property in a clean and neat condition and in a continuous state of good repair in accordance with the Code.
Maintenance Covenants. Commencing on the Close of Escrow and continuing until the earlier of Completion of Construction with respect to any Subdivision or Completion of Construction of the entire Project, Developer shall construct and thereafter maintain the Site then owned by Developer, including all landscaping, in full compliance with the terms of all applicable provisions of City Municipal Code. 402. Intentionally Deleted.
Maintenance Covenants. The Issuer has failed to comply with any of the Maintenance Covenants unless a Cure Amount has been paid to the Cure Account within twenty Business Days of a delivery of the relevant Compliance Certificate evidencing the breach, in accordance with Clause 13.5 (Equity cure).
Maintenance Covenants. The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year. The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the improvements made with City funds, without the prior written consent of City which consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.
Maintenance Covenants. Phase One Owner agrees to maintain the Lift Station for the joint use thereof by the Parties, in working condition and free of material defects, subject to occasional interruption of service due to (i) ordinary wear and tear and use thereof, (ii) routine or extraordinary maintenance or (iii) events beyond Phase One Owner’s reasonable control; provided, however, that any party using the Lift Station in any negligent or willful manner, which causes damage to or disturbance of the Lift Station or any equipment related thereto, shall be responsible for any extraordinary maintenance or repair associated with such damage or disturbance. Phase One Owner shall have the right to select the contractor(s) of its choice in connection with all aspects of maintenance, repair and operation of the Lift Station; provided, however, that all agreements with such contractor(s) shall be bona-fide, arms-length agreements for services at usual and customary rates.
Maintenance Covenants. 6.1 The Grantor shall be responsible for all costs of repairing the damage caused to the landscape, roading, xxxxx or other parts of the Subdivision arising from its use of the Lot directly or indirectly including any damage caused by any visitor or invitee of the Grantor.
6.2 The Grantor shall pay the Developer by automatic payment from the date of possession until commencement of construction of the residential dwelling (being the date accepted by the Developer) the sum of $20.00 per week (inclusive of GST) contribution for the mowing of the Grantor’s Lot by the employees or contractors of the Developer. This automatic payment will be set up upon possession and will continue until plans are approved and building commenced.
6.3 At all times from possession date, the Grantor will keep the Lot and adjacent road or access way frontage in a good and tidy order and condition and free from any rubbish or debris with the residential curtilage maintained and lawns mown. The Grant will ensure that any trees planted by the Grantee on any road or access way frontage are regularly watered by the Grantor.
6.6 The Grantor must repair any damage to the Lot or any buildings or improvements on the Lot at the Grantor’s expense within a reasonable timeframe.
6.7 The Grantor shall complete the installation of all service connections (including but not limited to telecommunications, power supply, water, storm water and sewage) to and from any building, which shall be laid underground from the point of supply of such services at the boundary of the Lot. The requirement for services to be laid underground shall apply to all services to the building including (but not in limitation) telecommunications, power supply, water, storm water, sewage and/or biocycle tanks and pumps.
6.8 The Grantor acknowledges that the access road may be used by the Local Authority or by Network Utility Operators for the purpose of maintaining services or utilities that provide a benefit to the owners of the Lots (including the Grantor) and the Grantor shall not object to or in any way interfere with the use of the access road for that purpose.
Maintenance Covenants. The Company shall not permit any Bank Regulated Subsidiary that constitutes a federally insured depositary institution to fail to be at least Well Capitalized for a period of more than 30 consecutive days in any fiscal quarter of the Company.
Maintenance Covenants. 6.1 The Grantor shall be responsible for all costs of repairing the damage caused to the landscape, roading, xxxxx or other parts of the Subdivision arising from its use of the Lot directly or indirectly including any damage caused by any visitor or invitee of the Grantor.
6.2 At all times from possession date, the Grantor will keep the Lot and adjacent road or access way frontage in a good and tidy order and condition and free from any rubbish or debris with the residential curtilage maintained and lawns mown. The Grant will ensure that any trees planted by the Grantee on any road or access way frontage are regularly watered by the Grantor.
6.3 The Grantor must repair any damage to the Lot or any buildings or improvements on the Lot at the Grantor’s expense within a reasonable timeframe.
6.4 The Grantor acknowledges that the access road may be used by the Local Authority or by Network Utility Operators for the purpose of maintaining services or utilities that provide a benefit to the owners of the Lots (including the Grantor) and the Grantor shall not object to or in any way interfere with the use of the access road for that purpose.
Maintenance Covenants. Following the construction of the Parking Lot and the related improvements, each of NAFCS and SBRES agree to keep the their respective portion of the Property in good condition and repair, including without limitation maintaining and repairing all sidewalks and the surfaces of the parking, drive and roadway areas, removing all papers, debris and other refuse from and periodically sweeping all parking, drive and road areas to the extent necessary to maintain the same in a neat, clean, safe and orderly condition, maintaining appropriate lighting fixtures for the parking areas and drives, maintaining marking, directional signs, lines and striping as needed, maintaining landscaping, maintaining signage in good condition and repair. In addition, each of NAFCS and SBRES agree to jointly maintain and equally bear the cost and expense of maintaining the Existing Drive, the Access Openings and the Parking Lot in good condition and repair and for arranging for snow removal and other related maintenance and repairs. The Existing Drive, the Access Openings and the Parking Lot shall be maintained in a good and passable condition under all traffic and weather conditions and shall be kept open for fire-fighting equipment and other emergency vehicles. Any repairs or maintenance which a party deems necessary may be undertaken only with the consent of both parties and a written agreement by each party to bear and pay one-half (1/2) of the cost of such repairs or maintenance. If one party believes that any such repairs or maintenance are necessary, but the other party does not agree to assume its share of the cost relating thereto, the party desiring to make the same shall have the free and unrestricted right to do so at its sole cost and expense and without the other party being required to reimburse such requesting party for its share; provided, however, that no such repair or maintenance activities shall impede or interfere with the other parties use and occupancy of its respective portion of the Property. Notwithstanding the foregoing, SBRES agrees to pay as and when due (and before any penalty or increase will accrue for the non-payment thereof) the entire amount of any costs due as a result of the construction of the Parking Lot (including any storm sewer, water drainage and similar fees and costs).
