Maintenance of Easement Area. All costs and expenses necessary for the maintenance and repair of the utility facilities (collectively, "Maintenance") shall be undertaken by BPW; provided, however, that regular lawn mowing and landscaping of the Easement Area shall be the responsibility of the Grantor. All Maintenance shall be undertaken, performed and completed using quality materials and in a good and workmanlike manner by qualified, reputable and properly licensed and bonded contractors and subcontractors.
Maintenance of Easement Area. The Easement Area shall be maintained by Grantor.
Maintenance of Easement Area. Grantee shall maintain the Easement Area and keep it in good repair, keep it clear and free of rubbish and obstructions of every nature, and provide adequate drainage thereon. Grantee may from time to time partially restrict access to the Easement Area for a reasonable period of time in order to perform maintenance, repair or replacement. Grantee shall pay all costs and expense associated with the maintenance, repair, and replacement of the Easement Area, except as provided in Section 4 below. In the event Grantee fails to maintain the Easement Area, upon no less than thirty (30) days’ prior written by Grantor to Grantee, Grantor shall be deemed to have a right, but not the obligation, to enter upon the Easement Area and perform such neglected maintenance, and Grantee shall be responsible for all actual costs of the Grantor in performing such neglected maintenance. All amounts due under this paragraph shall be paid within thirty (30) days of demand and shall bear interest at the rate of ten percent (10%) per annum until paid in full.
Maintenance of Easement Area. Grantee shall, at its sole cost and expense, maintain and keep the improvements, roads and landscaping located on the Easement Area in good condition and state of repair, provided that Grantor shall be responsible for and shall be required to pay for any and all damages caused by Grantor or its Permittees. Grantee shall periodically inspect, maintain, repair, and reconstruct any improvements on the Easement Area to ensure the safe, lawful and reasonable use of the Easement Area for its intended purpose.
Maintenance of Easement Area. Owner shall be responsible for maintaining the Property and Easement area, provided, however, that the District shall have the right to (a) cut, trim and control the growth of trees, shrubbery and other vegetation in the Easement area to the extent necessary to keep them clear of the Equipment, and (b) cut down, trim or control the growth of all dead, weak, leaning or other trees on or near the Property that the District reasonably believes may endanger or interfere with the Equipment and operation thereof. Owner shall not erect or maintain any structure upon, over, under, or within ten feet of the Equipment which could endanger the operation or interfere with the operation or maintenance of the Equipment.
Maintenance of Easement Area. Grantor shall maintain the Easement Area, including the Grantee Improvements, in good condition to ensure the functionality of the Easement. Such maintenance includes the obligation to properly maintain all surface and subsurface inlets, pipes, channels, structures, pits, vegetation and all other improvements to control the quantity and quality of the stormwater within the Easement Area. If any maintenance required by this Agreement is not performed by Grantor, Grantee may deliver a notice to Grantor setting forth the maintenance deficiencies, and Grantor shall then have ten (10) days to remedy the deficiencies, or twenty-four (24) hours in case of emergency. If the deficiencies are not remedied in a commercially reasonable fashion within the ten (10)- day period, or within such twenty- four (24)- hour period in case of emergency, Grantee shall have the right to ingress and egress upon Grantor’s Property to undertake all reasonably necessary maintenance of the Easement Area to ensure the functionality of the Easement and to recover from Grantor the fees, costs and expenses incurred in connection with such maintenance.
Maintenance of Easement Area. Each party, at its sole cost and expense, shall maintain and keep the easement area in a commercially reasonable condition and state of repair.
Maintenance of Easement Area. Tract 1 Owner shall keep and maintain the Access Easement Area, and all improvements thereon (including but not limited to the Secondary Driveway after completion of the Secondary Driveway by Tract 2 Owner as set forth in Section 1(b) above), in good condition and repair, free of trash and other debris, in accordance with all existing and future declarations of covenants, conditions and restrictions (or any similar documents) encumbering the Access Easement Area, and all applicable laws, ordinances, regulations and codes; however, Tract 1 Owner’s obligation with respect to Easement B will not be applicable until completion of the Secondary Driveway by Tract 2 Owner. Such maintenance shall include, without limitation, repair and resurfacing of the Access Easement Area as may be necessary from time to time consistent with said standards. Tract 2 Owner shall be responsible for 50% of such costs expended for maintenance, repair and upkeep on the Access Easement Area. Tract 2 Owner shall pay Tract 1 Owner within 30 days of receipt of an invoice showing such Owner’s share of expenses along with reasonable back up evidence showing the costs incurred by Tract 1 Owner in complying with this subsection. If Tract 1 Owner, in its sole discretion and without having an obligation to do so, completes construction of the Secondary Driveway after improvements have been constructed on Tract 2, then Tract 2 Owner shall be responsible for 50% of the costs to complete the Secondary Driveway and will pay Tract 1 Owner within 30 days of receipt of an invoice showing such Owner’s share of expenses along with reasonable back up evidence showing the costs incurred by Tract 1 Owner in completing the Secondary Driveway.
Maintenance of Easement Area. During the Delivery Term, Supplier will mow and maintain groundcover over the Easement Area so as to enable operation of the System pursuant to industry standards. [NTD: Per 8.1, Customer shall maintain its landfill (a.k.a the Facility) which includes the Easement Area. Supplier will be responsible for any damage it causes (7.2) and be responsible for mowing the Easement Area (7.7). Town to specify any further maintenance or security requirements of Supplier in 7.7.]
Maintenance of Easement Area. Each party shall pave, repair, and at all times maintain in good condition those portions of the Access Easement Area which lie within that party’s property, and Paramount shall pave, repair, and at all times maintain in good condition the Parking Easement Area. Maintenance of the Easement Areas shall include without limitation:
1. Maintenance, repair and replacement of the surface and subsurface of the Easement Area, as necessary, to maintain the Easement Area in a level, smooth and evenly covered condition with the types of materials and at the same grade and elevation as used by the parties on the date of the completion of construction of the Easement Area, or portion thereof, except that the parties shall be permitted to use such substitute materials as will in all respects be equal to or better than the materials originally used by the Owners with respect to quality, appearance and durability.
2. Removal from the Easement Area of paper, rubbish, debris, ice, snow and other hazards to persons using the Easement Area, and washing or thoroughly sweeping paved areas as required.
3. Maintenance of such appropriate parking signs and pavement markings, entrance, exit and directional signs and markers and lights so as to be uniform with those used on both properties.
4. Such painting and repainting of traffic lines and parking lines to maintain the Easement Area in first-class condition so as to be uniform with and provide for safe traffic flow between the subject properties.
5. Maintenance, repair and replacement of any drainage facilities located on each party’s property so that any such facilities shall remain in good working order and condition.
