Maintenance; Restoration. Company will, at its sole expense, repair any damage to the Property made by Company or its invitees upon the Property. In the event Company fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the date hereof, Commission or the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Company will pay promptly upon the written demand of Commission or the City, as the case may be.
Maintenance; Restoration. The City will, at its sole expense, maintain and repair in good order and condition the Easement Parcel, as determined in its sole discretion. The foregoing shall include, but not be limited to: (a) timely removal of snow from the Easement Parcel in accordance with the City’s schedule therefor and (b) paving, repaving and resurfacing the drive areas of the Easement Parcel, as and when needed in the sole discretion of the City. In the event University damages any part of the Easement Parcel or the public right-of-way along Colfax Avenue, University shall promptly restore such areas to substantially the same condition that existed immediately prior to such damage and to City standards. For purposes of this provision, normal wear and tear shall not be considered “damage” to the Easement Parcel.
Maintenance; Restoration. City, at its sole cost, will at all times maintain and keep in good order and condition the Parking Lot, including, but not limited to, clearing snow and ice from all sidewalks or other public rights-of-way on or abutting the Parking Lot, including any tree lawn area, in accordance with applicable zoning, building, property maintenance, and other regulations and authorities. In the event the City (or any of the City’s licensees or invitees) disturbs or damages any part of the Parking Lot, the City will promptly restore such area(s) to substantially the same condition that existed immediately prior to such disturbance or damage, to Owner’s satisfaction.
Maintenance; Restoration. Company will, at its sole expense, maintain and repair the Easement Parcel and any Permitted Improvements made by Company upon or abutting the Easement Parcel (including in the public right-of-way along Lafayette Boulevard) in accordance with its rights under Section 1 above. In the event Company disturbs or damages any part of the Easement Parcel or the public right-of-way along Lafayette Boulevard in the course of installing the Permitted Improvements, Company will promptly restore such areas to substantially the same condition that existed immediately prior to such installation. In addition, within sixty (60) days after receiving a notice of termination from Commission in accordance with Section 2 above, Company, at its sole expense, will (a) remove any and all Permitted Improvements installed by the Company, (b) restore the Easement Parcel to its condition that existed on the Effective Date of this Agreement, and (c) restore the sidewalk and curb along Lafayette Boulevard to the same condition that existed before Company's installation of the curb cut and approach. Company agrees to complete all of the foregoing restoration work to the City's satisfaction, as determined in the City's sole and absolute discretion. In the event Company fails to preserve the Easement Parcel or the Permitted Improvements at all times in good condition and repair, Commission or the City may, at its option, incur costs and expenses to maintain and repair the Easement Parcel or the Permitted Improvements, which costs and expenses Company will pay promptly upon the written demand of Commission or the City, as the case may be.
Maintenance; Restoration. 3.5.1 Contractor will daily and remove all waste, garbage, and debris from the Property. Contractor will maintain the Property in a safe, clean, and orderly condition, free from accumulation of waste, garbage, and debris. Upon completion of the Work, Contractor will remove from the Property all waste, garbage, debris, tools, equipment, and surplus materials. If City determines that Contractor has failed to perform its obligations under this Section 3.5.1, City will have the option, but not the obligation, to perform Contractor’s obligations under this Section 3.5.1 at Contractor’s cost and expense. Contractor will reimburse City for all costs and expenses incurred by City to perform Contractor’s obligations under this Section 3.5.1 immediately upon City’s demand. Notwithstanding anything contained in this Agreement to the contrary, the Property will be left in a condition satisfactory to City. All Contractor clean-up obligations under this Agreement are part of the Work.
Maintenance; Restoration. The City will, at its sole expense, maintain and repair in good order and condition the Easement Parcel consistent with other public rights-of- ways in the general surrounding area. The foregoing shall include, but not be limited to, (a) timely removal of snow from the Easement Parcel in accordance with the City’s schedule therefor and (b) paving, repaving and resurfacing the drive areas of the Easement Parcel, as and when needed consistent with other public rights-of-ways in the general surrounding area. In the event FREG or Wharf Partners damage any part of the Easement Parcel or the public right-of-way along Colfax Avenue, FREG or Wharf Partners, as applicable, shall promptly restore such areas to substantially the same condition that existed immediately prior to such damage. For purposes of this provision, normal wear and tear shall not be considered “damage” to the Easement Parcel.
