Common use of Owner’s Duties Clause in Contracts

Owner’s Duties. 4.1 All grounds, facilities, equipment and vehicles now owned by OWNER or acquired by OWNER shall remain the property of OWNER. OWNER grants CONTRACTOR, free of charge, a license to use said grounds, facilities, equipment and vehicles, including all owned by OWNER and which have been assigned by OWNER to the Project. 4.2 The OWNER shall fund all necessary Capital Expenditures, which will be performed by CONTRACTOR under a written change order to this Agreement. Priority shall be given to safety and the ADA related expenses. Any loss, damage, or injury resulting from OWNER’s failure to provide capital improvements and/or funds in excess of the Maintenance and Repair Limit when reasonably requested by CONTRACTOR shall be the sole responsibility of OWNER. 4.3 The OWNER shall keep in force all Project warranties, guarantees, easements and licenses that have been granted to OWNER and are not transferred to CONTRACTOR under this Agreement. 4.4 The OWNER shall provide CONTRACTOR, within a reasonable time after request and on an “as available” basis, with the temporary use of any piece of OWNER’s heavy equipment that is available so that CONTRACTOR may discharge its obligations under this Agreement in the most cost effective manner. 4.5 OWNER warrants that during the interim period between the initial Project inspection by CONTRACTOR and the Commencement Date, the plants, facilities and equipment have been operated only in the normal course of business. 4.6 The OWNER shall continue to be responsible and pay for the general administration and enforcement of (i) the water distribution and wastewater collection systems, and (ii) long- term System and Service Area planning. Typical administration costs associated with the above activities include costs such as the services of the auditor, lawyer, and liability insurance. 4.7 The OWNER shall perform all duties and discharge all responsibilities and obligations relating to the operation and maintenance of the Project not contemplated by the parties within Exhibit C to this Agreement.

Owner’s Duties. 4.1 All grounds, facilities, equipment and vehicles now owned by OWNER or acquired by OWNER shall remain the property of OWNER. OWNER grants CONTRACTOR, free of charge, a license to use said grounds, facilities, equipment and vehicles, including all owned by OWNER and which have been assigned by OWNER to the Project. 4.2 The OWNER shall fund all necessary Capital Expenditures, which will be performed by CONTRACTOR under a written change order to this Agreement. Priority shall be given to safety and the ADA related expensesexpenses described in Section 2.10. Any loss, damage, or injury resulting from OWNER’s failure to provide capital improvements and/or funds in excess of the Maintenance and Repair Limit when reasonably requested by CONTRACTOR shall be the sole responsibility of OWNER. 4.3 The OWNER shall keep in force all Project warranties, guarantees, easements and licenses that have been granted to OWNER and are not transferred to CONTRACTOR under this Agreement. 4.4 The OWNER shall provide CONTRACTOR, within a reasonable time after request and on an “as available” basis, with the temporary use of any piece of OWNER’s heavy equipment that is available so that CONTRACTOR may discharge its obligations under this Agreement in the most cost effective manner. 4.5 OWNER warrants that during the interim period between the initial Project inspection by CONTRACTOR and the Commencement Date, the plants, facilities and equipment have been operated only in the normal course of business, all scheduled and proper maintenance have been performed and there are no issues known to OWNER regarding the condition of the Project, and facilities composing the Project and/or any equipment used by the Project. 4.6 The OWNER shall continue to be responsible and pay for the general administration and enforcement of (i) the water distribution and wastewater collection systems, and (ii) long- term System and Service Area planning. Typical administration costs associated with the above activities include costs such as the services of the auditor, lawyer, and liability insurance. 4.7 The OWNER shall perform all duties and discharge all responsibilities and obligations relating to the operation and maintenance of the Project not contemplated by the parties within Exhibit C to this Agreement.

Owner’s Duties. 4.1 All grounds, facilities, equipment and vehicles now owned by OWNER or acquired by OWNER shall remain the property of OWNER. OWNER grants CONTRACTOR, free of charge, a license to use said grounds, facilities, equipment and vehicles, including all owned by OWNER and which have been assigned by OWNER to the Project. 4.2 The OWNER shall fund all necessary Capital Expenditures, which will be performed by CONTRACTOR under a written change order to this Agreement. Priority shall be given to safety and the ADA related expenses. Any loss, damage, or injury resulting from OWNER’s failure to provide capital improvements and/or funds in excess of the Maintenance and Repair Limit when reasonably requested by CONTRACTOR shall be the sole responsibility of OWNER. 4.3 The OWNER shall keep in force all Project warranties, guarantees, easements and licenses that have been granted to OWNER and are not transferred to CONTRACTOR under this Agreement. 4.4 The OWNER shall provide CONTRACTOR, within a reasonable time after request and on an “as available” basis, with the temporary use of any piece of OWNER’s heavy equipment that is available so that CONTRACTOR may discharge its obligations under this Agreement in the most cost effective manner. 4.5 OWNER warrants that during the interim period between the initial Project inspection by CONTRACTOR and the Commencement Date, the plants, facilities and equipment have been operated only in the normal course of business. 4.6 The OWNER shall continue to be responsible and pay for the general administration and enforcement of (i) the water distribution and wastewater collection systems, and (ii) long- term System and Service Area planning. Typical administration costs associated with the above activities include costs such as the services of the auditor, lawyer, and liability insurance. 4.7 The OWNER shall perform all duties and discharge all responsibilities and obligations relating to the operation and maintenance of the Project not contemplated by the parties within Exhibit C to this Agreement.