Maintenance of Paved Drive in Easement Area Sample Clauses

Maintenance of Paved Drive in Easement Area. Grantor shall maintain the Easement Area, and the paved drive in the Easement Area, in good condition and repair, including without limitation general maintenance, snow and ice removal. After Grantee connects the roadways of the Grantee Parcel to the Easement Area, and commences use of the Easement Area, Grantee shall reimburse Grantor the amount of Five Hundred and No/100 Dollars ($500.00) per year for the cost of regular maintenance and snow and ice removal. Payment shall be due when Grantee connects to the pavement in the Easement Area and begins using the Easement Area for vehicular traffic, and on each annual anniversary thereof. Grantee’s annual maintenance contribution shall be reviewed every five (5) years, and in the event the contribution is substantially less than, or more than, 25% of the cost of regular maintenance and snow and ice removal, an equitable adjustment to the annual contribution shall be made for subsequent years. In addition, after Grantee commences use of the Easement Area, Grantee shall pay twenty-five percent (25%) of the cost of sealing, paving, grinding or other major repairs or replacements of the curbs and/or pavement of the Easement Area (collectively, “Major Repairs”); provided, however, that as a condition precedent to Grantee being liable for its percentage cost of Major Repairs, Grantor must give advance written notice to Grantee of the proposed Major Repairs and the cost thereof (including quotes for performing the Major Repairs), and Xxxxxxx must consent in writing to the Major Repairs, such consent not to be unreasonably withheld, conditioned or delayed. Moreover, Grantee shall not be required to contribute to the cost of any Major Repairs that are the result of the installation of utilities or infrastructure, or the repair thereof, which benefits any party or parties other than Grantee. If the Grantee Parcel ceases use of the Easement Area for ingress-egress, the Parties shall record a document terminating Grantee’s ingress-egress easement rights within the Easement Area, and thereafter the payments due from Grantee hereunder shall cease.
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Related to Maintenance of Paved Drive in Easement Area

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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