Maintenance of Easement Areas. Ground Lessor, at Ground Lessor's cost, shall maintain all improvements, equipment and facilities of Ground Lessor on the Retained Morgantown Land Easement Areas in accordance with Prudent Industry Practice. Southern Ash, at Southern Ash's cost, shall maintain all improvements, equipment and facilities of Southern Ash on the Xxxxxxxx Flyash Facility Site in accordance with Prudent Industry Practice. From and after the expiration, surrender or termination of the Site Sublease Term and until the earlier of the expiration, surrender or termination of the Site Lease Term pursuant to and in accordance with this Facility Site Lease, the Ground Lessee, at Ground Lessor's cost, shall maintain all improvements, equipment and facilities of Ground Lessee on the Facility Site Easement Areas in accordance with Prudent Industry Practice.
Maintenance of Easement Areas. Each party, at its sole cost and expense, shall maintain and keep the Easement Areas in a commercially reasonable condition and state of repair.
Maintenance of Easement Areas. Any construction of/on the Easement Areas shall be completed in a good and workmanlike manner free and clear of any construction liens and in full compliance with all present and future local, municipal, county, state and federal environmental and all other applicable laws, statutes, governmental constitutions, ordinances, codes, rules, regulations, resolutions, requirements, standards, applications and directives, as well as all decisions, judgments, writs, injunctions, orders, decrees or demands of courts, administrative bodies and other authorities construing any of the foregoing (collectively, the "Laws"). Each party shall maintain its respective Easement Areas, at its sole cost and expense, in a first-class condition and in full compliance with the Laws.
Maintenance of Easement Areas. 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 Areas 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 Areas. Each Owner shall maintain, or have maintained, the easement area(s) within its Parcel, in good order, condition and repair, without expense to any other Owner. In the event an Owner shall fail in its duty to maintain all or any part of any easement area(s) located within such Owner's Parcel, or an Owner or its Permittees shall cause damage to any portion of an easement area, whether on such Owner's Parcel or any other Owner's Parcel, due to any intentional or unintentional misuse or use of such easement area(s) (the "Non-Performing Party"), then the other Owner (the "Performing Party") may give the Non-Performing Party written notice of such fact, and thereupon the Non- Performing Party shall, within ten (10) business days of such notice, commence the performance of the actions required and diligently pursue such actions to completion in a timely manner. Should the Non-Performing Party fail to fulfill this duty after such notice, the Performing Party shall have the right and power, but not the obligation, to perform such actions and the Non- Performing Party shall promptly reimburse the Performing Party for the cost of such work. If the Non-Performing Party shall fail to reimburse the Performing Party within thirty (30) days after being billed for such work, then the amount owing, together with interest on such amount from the date the costs are incurred until paid, shall be the debt of the Non-Performing Party and shall be a lien against the Non-Performing Party's Parcel. Interest shall be calculated at the maximum rate permitted by law.
Maintenance of Easement Areas. Any improvements in the Easement Area shall be completed in a good and workmanlike manner free and clear of any construction liens and in full compliance with all present and future local, municipal, county, state and federal environmental and all other applicable laws, statutes, governmental constitutions, ordinances, codes, rules, regulations, resolutions, requirements, standards, applications and directives, as well as all decisions, judgments, writs, injunctions, orders, decrees or demands of courts, administrative bodies and other authorities construing any of the foregoing (collectively, the "Laws"). Each party shall maintain its respective Easement Areas, at its sole cost and expense, in a first-class condition and in full compliance with the Laws.
Maintenance of Easement Areas. GRANTEE shall, at its sole cost and expense, repair any damage to the landscaping, surfaces, structures or utilities within the Easement Areas caused by the use of the Easement Areas by GRANTEE. Notwithstanding the foregoing, GRANTOR shall reimburse GRANTEE for all costs and expenses incurred in the maintenance, repair and restoration of the Easement Areas necessitated by or required as a result of the negligence or willful misconduct of GRANTOR, its employees, contractors, operators, agents or representatives. All construction, maintenance or repair work within the Easement Areas shall be accomplished in such a manner as to minimize any disruption to the free flow of ingress and egress over and across those portions of the Easement Areas that are subject to ordinary vehicular and/or pedestrian traffic. Nothing in this Section 6 shall adversely affect GRANTEE’s ability to utilize the Easement Areas as otherwise set forth herein.
Maintenance of Easement Areas. The Aviana HOA shall be responsible for the maintenance, operation, repair and replacement of all (i) sidewalks, roadways and improvements located within the roadways which are the subject of the easements described in subparagraph (a) and (e) above, less and except any improvements which are owned and to be maintained by third parties, (ii) the Surface Water Management System for the Aviana Property, including, without limitation, any portion of the Stormwater Management System located on the Deleted Property which is the subject of the easements described in subparagraphs (c) and (d) above and which is part of the surface water management system which is the subject of the applicable Water Management District Permit for the Aviana Property, and (iii) the Recreation Facilities. PSE and Xxxxx shall be responsible for the maintenance, operation, repair and replacement of all (i) sidewalks, roadways and improvements located within the roadways which are the subject of the easement described in subparagraph (b) above, less and except any improvements which are owned and to be maintained by third parties, and (ii) the surface water management system for the New Plat Property. However, once the Deleted Property is replatted with one hundred twenty-seven (127) lots, then upon the conveyance to a bona fide third party purchaser of the first platted lot within the New Plat Property which is improved with a home for which a certificate of occupancy or equivalent document has been issued (a “New Plat Lot”), the owner(s) of New Plat Lots (i.e., lots with homes having certificates of occupancy and owned by third party purchasers) within the New Plat Property shall share in the cost of the maintenance, operation, repair and replacement of the sidewalks, roadways and improvements located within the roadways which are the subject of the easements described in subparagraph (a) and (e) above (less and except any improvements which are owned and to be maintained by third parties), and the Recreation Facilities maintained by the Aviana HOA (the “Shared Costs Work”). The components of the Shared Costs Work (each a “Shared Costs Work Component” and collectively the “Shared Costs Work Components”) are those highlighted on the copy of the 2021 Aviana HOA expenses budget attached hereto as Exhibit “E” and incorporated herein by reference. As set forth hereinbelow, the Aviana HOA shall send the New HOA a copy of the Proposed Annual Aviana Budget and the Final Annual Aviana HOA Bud...
