Maintenance Deficiencies Clause Samples
The Maintenance Deficiencies clause defines the responsibilities and procedures for addressing failures or shortcomings in the upkeep of property, equipment, or systems as specified in an agreement. Typically, this clause outlines how deficiencies are identified, the timeframe for notifying the responsible party, and the required steps for rectification, such as repairs or replacements. By clearly allocating responsibility and setting expectations for timely remediation, the clause helps prevent disputes and ensures that assets remain in good working condition throughout the contract term.
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Maintenance Deficiencies. If County provides written notice to Lessee of a deficiency or other breach in the performance by Lessee of the maintenance and repair obligations of Lessee under Sections 10.1 through 10.3 above, then Lessee shall promptly commence the cure thereof and shall complete such cure within the time period for such cure set forth in the County’s deficiency notice, which cure period shall not be less than thirty (30) days except if the deficiency pertains to a condition that is a threat to health or safety or otherwise constitutes an emergency situation, in which case County shall have the right to immediately require Lessee to take all appropriate steps to avoid damage or injury. If Lessee fails to cure any such deficiency within the cure period set forth in County’s written deficiency notice (which cure period shall comply with the requirements of the immediately preceding sentence of this Section 10.4), then in addition to, and not in lieu of, any rights or remedies that County may have under Article 13 of this Lease for defaults not cured within the applicable notice and cure periods set forth therein, Lessee shall pay to County an amount equal to One Hundred Dollars ($100) per day per item of deficiency for each day after such cure period that the deficiency item remains uncured. Notwithstanding the foregoing, if the nature of the deficiency is such that it is not capable of cure within the cure period specified in County’s notice (for example, as a result of permitting requirements or construction material procurement delays beyond the control of Lessee), then as long as during the specified cure period Lessee commences the cure of the deficiency and thereafter continues the prosecution of the completion of such cure in a manner and with such diligence that will effectuate the cure in as short a period as reasonably possible, then the cure period specified in County’s deficiency notice shall be extended for such additional time as necessary to complete the cure in as short a period as reasonably possible. For purposes of determining the number of items of deficiency set forth in a deficiency notice received from County, County shall reasonably identify the separate deficiencies so as not to unfairly increase the daily amount payable under this Section 10.4 by separating the work into unreasonably particularized items (e.g., the requirement to paint the exterior of a building shall not be split into individual deficiency items for the painting of each indivi...
Maintenance Deficiencies. If the District Maintenance Engineer determines that the TOWN is not accomplishing its responsibilities under this Agreement, said District Maintenance Engineer may issue written notice, in care of the TOWN on notice thereof. Thereafter, the TOWN shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may, at its option, proceed as follows:
a. Maintain the median or roadside area(s) declared deficient with DEPARTMENT and/or a Contractor’s material, equipment and personnel. The actual cost for such work will be deducted from the DEPARTMENT’s affected quarterly payment to the TOWN; or
b. Terminate this Agreement.
Maintenance Deficiencies. The Town reserves the right to require reasonable maintenance and repairs to the Facility, or any improvements thereto, by the Lessee as required by this lease agreement. Should the Lessee fail to make the required corrections, the Town shall have the right to enter the Facility, or any improvements thereto, correct the deficiency, and recover the cost of activities from the Lessee as Rent due on the next Rent payment date.
Maintenance Deficiencies. If at any time it shall come to the attention of the DEPARTMENT that the TOWN's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the TOWN MANAGER, to notify the TOWN of the maintenance deficiencies. From the date of receipt of the notice, the TOWN shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows:
a. Maintain the Arterial Dynamic Message Signs PAINTING SYSTEM, or a part thereof and invoice the TOWN for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7, remove any or all of the Arterial Dynamic Message Sign PAINTING SYSTEM within the PROJECT LIMITS, and charge the TOWN the reasonable cost of such removal.
Maintenance Deficiencies