MAINTENANCE/UTILITIES. (a) Subtenant will keep and maintain the Premises and Communication Facility in good condition, reasonable wear and tear and damage from the elements excepted. If Subtenant fails to maintain, repair or replace the Premises as required by this section, Sublandlord may, upon ten (10) days’ prior notice to Subtenant (except that no notice shall be required in the case of an emergency), enter the Premises and perform such maintenance or repair (including replacement, as needed) on behalf of Subtenant. In such case, Subtenant shall reimburse Sublandlord for all costs reasonably incurred in performing such maintenance or repair, plus ten percent (10%), immediately upon demand. Sublandlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Subtenant will be responsible for paying when due all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant on the Premises. In the event Subtenant cannot secure its own metered electrical supply. Subtenant will have the right at its own cost and expense, to submeter from the Sublandlord. When submetering is necessary and available, Sublandlord will read the meter on a monthly or quarterly basis and provide Subtenant with the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure by Sublandlord to perform this function will limit utility fee recovery by Sublandlord to a 12-month period. Sublandlord will reasonable cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Subtenant. Sublandlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Sublandlord, of such services to be furnished or supplied by Sublandlord.
MAINTENANCE/UTILITIES. (a) Tenant has exclusive control of and will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Tenant shall be solely responsible for the reasonable out of pocket cost of repairs to the Premises including, but not limited to, ensuring adequate fire suppression equipment, climate control, security, and all other access and operational issues, except for any such damage caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord will maintain and repair the Property and Access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the Communication Facility experiences an interruption in electrical service for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption.
(c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such utility companies may from time to time require in order to provide such services to the Premises. Upon Xxxxxx’s or Service Company’s request, Xxxxxxxx will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.
MAINTENANCE/UTILITIES. (a) TENANT shall keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. LANE COUNTY shall maintain the Property and access thereto in good and usable condition, subject to reasonable wear and tear and damage from the elements.
(b) TENANT shall be responsible for paying all equipment power fees as outlined in ATTACHMENT A, TOWER SITE RATE SCHEDULE, as well as be responsible for all wireline circuits or any other utility fees used or consumed by TENANT on the Premises. LANE COUNTY shall not be held responsible for utility service problems that are not willfully caused by LANE COUNTY.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
MAINTENANCE/UTILITIES. Southern Sno will keep and maintain the Property in good condition. Southern Sno will be solely responsible for and promptly pay all utilities charged for electricity, telephone service or any other utility used or consumed by Southern Sno on the Property.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, the Structure, and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit.
(b) Tenant will be responsible for, at Tenant’s sole cost and expense, all utility services payments and fees, including but not limited to electric and telephone service and fees, needed for the operation of Communication Facility. Tenant shall secure separate utility service for the Communication Facility to be installed on the Premises within twelve (12) months of Effective Date. Prior to the installation of separate utility services on the Premises, for a period not to exceed twelve (12) months from Effective Date, Tenant has the right to submeter and use Landlords electrical service on the Property. During the period Tenant elects to submeter from Landlord’s existing electrical services, commencing upon the Effective Date, and not to exceed twelve (12) months from the Effective Date, Tenant shall pay the Landlord, concurrently with monthly Rent, a total monthly estimated amount of Five Hundred Dollars ($500) per month (“Estimated Utility Payment”). The Estimated Utility Payment shall be subject to periodic reconciliation every three (3) months based on the actual amount of electricity used by Tenant for the operation of the Communication Facility. When submetering under this Agreement, Tenant will read the meter and provide Landlord with usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Tenant will remit any underpayment within forty-five (45) days of collection of the usage data. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week...
MAINTENANCE/UTILITIES. This details the City shall maintain the premises at its expense, including all buildings, structures, equipment, playgrounds, walks, foot trails, bicycle paths, roads, parking, stream banks, utilities and other improvements on the premises, in good order and safe condition. It also requires ISU approval for cutting down live trees.
MAINTENANCE/UTILITIES. The City shall maintain the Premises at its expense, including all buildings, structures, equipment, playgrounds, walks, foot trails, bicycle paths, roads, parking, stream banks, utilities and other improvements on the Premises, in good order and safe condition. The City shall not cut down live trees on the Premises without the consent of ISU, but the City may transplant existing trees and shrubs, install new plantings and trim dead and/or broken limbs that create hazardous situations. The City shall establish all utilities to the Premises in its name and timely pay all utility service providers. ISU reserves the right to require the City to remove, at the City’s expense, any building, structure or equipment that is unsafe, damaged beyond ordinary wear and tear, or inconsistent with the use as a public park.
MAINTENANCE/UTILITIES. (a) Lessor will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Lessor will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Lessor shall have the right to charge Lessee for Xxxxxx’s pro-rata share of facility maintenance.
(b) Lessee will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Lessee on the Premises. Lessor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Lessee. In the event Lessee cannot secure its own metered electrical supply, Lessee will have the right, at its own cost and expense, to submeter from the Lessor should the Lessor approve of, and have capacity for, such an arrangement. Lessee will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Lessor and billed to Lessee. Lessor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Lessor, of such services to be furnished or supplied by Lessor.
MAINTENANCE/UTILITIES. (a) Licensee will keep and maintain the Licensed Space in good condition, reasonable wear and tear and damage from the elements excepted. Licensor will maintain and repair the Property and access thereto, in good and Licenseeable condition, subject to reasonable wear and tear and damage from the elements.
(b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Licensed Space. In the event Licensee cannot secure its own metered electrical supply, Licensee will be required, at its own cost and expense, to submeter from the Licensor. When submetering is necessary and available, Licensor will read the meter on a monthly or quarterly basis and provide Licensee with the necessary usage data in a timely manner to enable Licensee to compute such utility charges. Failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. Licensor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Licensee. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor.
(c) If Licensee is the proximate cause of an outage affecting the transport of Licensor’s telecommunications signals, then Licensee, in addition to any other rights that Licensor has under the Agreement, shall compensate Licensor for the cost of restoring transmission of the telecommunications signals. Such compensation shall include the cost of parts, if applicable, as well as an hourly wage, defined as the Prevailing Wage for a Telecommunication Technician, as established by the Commonwealth of Massachusetts' Division of Occupational Safety, as periodically revised.
