Common use of Participant’s Obligations Clause in Contracts

Participant’s Obligations. A. The Participant shall submit to the WRA a copy of the permit issued for the proposed sign/awning by the City of Woburn’s Inspectional Services Department; B. The Participant shall provide to the WRA a written final cost proposal from the Vendor, which proposal shall include the Vendor’s contact information. C. The Participant shall be the only party named on all invoices, warranties, and other documents from the Vendor. D. The final cost proposal must be signed by the Participant authorizing the work to be performed. E. The Participant shall agree to the terms of payment by the WRA. In no case shall the total amount to be paid by the WRA exceed the terms in Appendix C. The Participant shall be responsible for any additional payments. F. All invoices to be paid by the WRA shall be submitted by the Participant to the WRA. G. The Participant must sign and approve all invoices to be paid by the WRA. H. All payments from the WRA will be made payable by check to the Vendor not the Participant. I. The Participant will arrange for the fabrication and installation of new signage (the “Improvements”) at the Project in accordance with the cost proposal, plans and specifications attached hereto as Appendix A and made a part hereof. J. In connection with the Project, the Participant shall comply with all the terms, including but not limited to the objectives, eligibility requirements, procedures and obligations of the Downtown Woburn Storefront Façade and Sign Improvement Program Guidelines, attached hereto as Appendix B and made a part hereof, and shall perform and observe the terms and conditions of the Grant Agreement as they relate to the Project. K. The WRA will not make final payment until the Participant’s Vendor can submit in writing that all costs and responsibilities of the Participant have been satisfied to the terms agreed to between the Participant and the Vendor. Furthermore, the WRA shall not make final payment if the WRA believes that any of the terms agreed to between the WRA, Participant, and/or Vendor have been violated. L. The Participant shall not change or alter the Improvements for a period of ten (10) years from the date of this Agreement without the prior written approval from the WRA. M. The Participant shall repay to the WRA the full amount of the Grant Award if the Participant makes any alterations to the Project without the prior written approval of the WRA during the ten (10) year period following the date of this Agreement.

Participant’s Obligations. A. (i) The Participant shall submit to the WRA a copy of the permit issued for the proposed sign/awning by the City of Woburn’s Inspectional Services Department; B. The Participant shall provide to the WRA a written final cost proposal from the Vendor, jurisdiction in which proposal shall include the Vendor’s contact information. C. The Participant shall be the only party named on all invoices, warranties, and other documents from the Vendor. D. The final cost proposal must be signed by the Participant authorizing the work to be performed. E. The Participant shall agree to the terms of payment by the WRA. In no case shall the total amount to be paid by the WRA exceed the terms in Appendix C. The Participant any specific BMP Project is located shall be responsible for any additional paymentsthe implementation of the BMP Project (including, but not limited to, design, permitting, construction, operation, monitoring, and maintenance). Participants may contractually transfer such obligations for design, construction, operation and maintenance, and monitoring to qualified third parties, but the Participant jurisdiction where the BMP Project is located shall remain responsible to ensure that the contracted third parties are performing the required tasks satisfactorily. The Participants’ obligations and accepted liability to the other Parties to this Agreement shall remain with the Participant. Such long-term future obligations of operation, maintenance and monitoring of BMP Projects funded by the Consortium set forth in this provision shall survive opt out (Section 8.a.(ix)) and/or termination. F. All (ii) The Participant jurisdiction in which any specific BMP Project is located shall be responsible to compile and timely submit any and all invoices related to be paid BMP Projects to the Management Committee for review, approval, and payment. (iii) Such Participant jurisdiction shall maintain the BMP Project documentation and submit copies of all records relative to the BMP Project, including the approved Stormwater Management BMP Operations and Maintenance Plan, annually, unless requested more frequently by the WRA shall be submitted by the Participant Administrator, to the WRA. G. The Participant must sign Administrator, who will then update the Management Committee and approve all invoices Participants on the status of the BMP Project. Within sixty (60) calendar days after completion of a BMP Project funded in whole or in part under funds collected pursuant to be paid by the WRA. H. All payments from the WRA will be made payable by check to the Vendor not the Participant. I. The Participant will arrange for the fabrication and installation of new signage (the “Improvements”) at the Project in accordance with the cost proposal, plans and specifications attached hereto as Appendix A and made a part hereof. J. In connection with the Projectthis Agreement, the Participant shall comply with jurisdiction(s) where the BMP Project is located is required to submit copies of all the terms, including but not limited documents that relate in any way to the objectivesBMP Project and that qualify as “public records” under the then current Right-to-Know Law to YCPC for record retention and availability for public review. (iv) If a BMP Project, eligibility requirementsnot sponsored by a Participant, procedures and obligations of the Downtown Woburn Storefront Façade and Sign Improvement Program Guidelinesis to be implemented, attached hereto as Appendix B and made a part hereof, and such Project shall perform and observe the be subject to terms and conditions approved by the Management Committee and Administrator. The Management Committee and Administrator will seek to develop a form of the Grant Agreement as they relate agreement to the Project. K. The WRA will be used in such instances. Where a Participant does not make final payment until the Participant’s Vendor can submit sponsor a BMP Project in writing its jurisdiction, that all costs and responsibilities of the Participant have been satisfied to the terms agreed to between the Participant and the Vendor. Furthermore, the WRA shall not make final payment if the WRA believes that any of the terms agreed to between the WRA, Participant, and/or Vendor have been violated. L. The Participant shall not change or alter the Improvements for a period of ten (10) years from the date of have any obligations as to that BMP Project pursuant to this Agreement without the prior written approval from the WRAand pursuant to its MS4 permit. M. The Participant shall repay to the WRA the full amount of the Grant Award if the Participant makes any alterations to the Project without the prior written approval of the WRA during the ten (10) year period following the date of this Agreement.

Participant’s Obligations. A. (a) The Participant shall submit Participants must ensure that the Collective Purpose is operated in a way which: (i) Keeps the Premises and assets used in connection with the Collective Purpose in good repair, working order and condition, reasonable fair wear and tear excepted, and ensures that proper maintenance repairs, renewals and replacements occur in a timely manner; (ii) Complies with the relevant obligations under the Shared Services agreements, the licence arrangements with the Participants, the Lease and any other approved arrangements or agreements relating to the WRA a copy Premises and the plant and equipment used for the Shared Services. (b) If, with the consent of the permit issued Participants, a Participant leases any plant or equipment for use in the Premises for the proposed sign/awning Collective Purpose, the Participants agree that the lease payments form part of the overheads of the Collective Purpose and each party accepts that they will be responsible to contribute their Respective Proportion of those lease expenses. (c) Collective Purpose Staff under the direction of the Finance Manager will: (i) Keep the tangible insurable assets in the Premises insured by a reputable insurer against loss or damage by fire, explosion and other risks customarily insured against by companies conducting businesses similar to the Collective Purpose in amounts not less than the full insurable value of those assets; (ii) Maintain all other insurance required to be maintained pursuant to the lease of the Premises with a reputable insurer, including coverage for any other hazards and risks and liability to persons and property of a nature and in the amounts required by the City of Woburn’s Inspectional Services Department;Lease; and B. The Participant shall provide (iii) Comply with all applicable laws relating to the WRA a written final cost proposal from the Vendor, which proposal shall include the Vendor’s contact informationbusiness and its assets. C. The Participant shall be (d) All Participants may at any time inspect the only party named on books and records Collective Purpose and discuss the Collective Purpose with the finance manager and any other staff engaged to manage the Collective Purpose from time to time, with the intent that all invoices, warranties, information is openly and other documents from the Vendorreadily available to all Participants. D. (e) (e) The final cost proposal must be signed by Participants will remain responsible for their staff observing the Participant authorizing confidentiality of information in their control as a result of their activities. However, the work to be performed. E. The Participant shall agree to the terms of payment by the WRA. In no case shall the total amount to be paid by the WRA exceed the terms in Appendix C. The Participant shall Collective Purpose will be responsible for any additional paymentsthe management and maintenance of the information technology systems used to collect or store this information and for the conduct of the Collective Purpose staff in building, managing and maintaining these systems. F. All invoices to be paid by (f) Each participant shall enter into a: (i) Licence Agreement and pay the WRA shall be submitted by the Participant to the WRA. G. The Participant must sign and approve all invoices to be paid by the WRA. H. All payments from the WRA will be made payable by check to the Vendor not the Participant. I. The Participant will arrange for the fabrication and installation of new signage (the “Improvements”) at the Project in accordance with the cost proposal, plans and specifications attached hereto as Appendix A and made a part hereof. J. In connection with the Project, the Participant shall comply with all the terms, including but not limited to the objectives, eligibility requirements, procedures and obligations of the Downtown Woburn Storefront Façade and Sign Improvement Program Guidelines, attached hereto as Appendix B and made a part hereof, and shall perform and observe the terms and conditions of the Grant Agreement as they relate to the Project. K. The WRA will not make final payment until the Participant’s Vendor can submit in writing that all costs and responsibilities of the Participant have been satisfied to the terms agreed to between the Participant and the Vendor. Furthermore, the WRA shall not make final payment if the WRA believes that any of the terms agreed to between the WRA, Participant, and/or Vendor have been violated. L. The Participant shall not change or alter the Improvements for a period of ten (10) years from the date of this Agreement without the prior written approval from the WRA. M. The Participant shall repay to the WRA the full amount of the Grant Award if the Participant makes any alterations to the Project without the prior written approval of the WRA during the ten (10) year period following the date of this Agreement.license fees;

Participant’s Obligations. A. (i) The Participant shall submit to jurisdiction in which any local level BMP Project on the WRA a copy of the permit issued for the proposed sign/awning by the City of Woburn’s Inspectional Services Department; B. The Participant shall provide to the WRA a written final cost proposal from the Vendor, which proposal shall include the Vendor’s contact information. C. The Participant shall be the only party named on all invoices, warranties, and other documents from the Vendor. D. The final cost proposal must be signed by the Participant authorizing the work to be performed. E. The Participant shall agree to the terms of payment by the WRA. In no case shall the total amount to be paid by the WRA exceed the terms in Appendix C. The Participant BMP Summary List is located shall be responsible for any additional payments. F. All invoices to be paid by the WRA shall be submitted by implementation of the BMP Project (including, but not limited to, design, permitting, construction, operation, monitoring, and long-term maintenance and monitoring). If a BMP Project is designated as regional on the BMP Summary List, a Participant to the WRA. G. The Participant must sign and approve all invoices to be paid by the WRA. H. All payments from the WRA will be made payable by check to the Vendor not the Participant. I. The Participant will arrange for the fabrication and installation of new signage or qualified third party (the “ImprovementsProject Sponsor”) at shall be designated by the Management Committee as responsible for its implementation. Participants may contractually transfer such obligations for design, construction, operation and long-term maintenance, and monitoring to qualified third parties, but the Participant jurisdiction where the BMP Project in accordance is located shall remain responsible to ensure that the contracted third parties are performing the required tasks satisfactorily. The Participants’ obligations and accepted liability to the other Parties to this Agreement shall remain with the cost proposalParticipant. Such long-term future obligations of operation, plans maintenance and specifications attached hereto as Appendix A and made a part hereofmonitoring of BMP Projects funded by the Consortium set forth in this provision shall survive opt out (Section 7.a.(ix)) and/or termination. J. In connection with (ii) The Participant or Project Sponsor shall compile and timely submit any and all invoices related to funded BMP Projects to the YCPC, which will forward them to the Management Committee for review and approval for payment. (iii) The Participant or Project Sponsor shall maintain the BMP Project documentation and submit copies of all records relative to the BMP Project, including the approved Stormwater Management BMP Operations and Maintenance Plan, annually, unless requested more frequently by the Administrator, to the Administrator, who will then update the Management Committee and all Participants on the status of the BMP Project. The Participant or Project Sponsor shall comply with all retain BMP Project documentation that qualify as “public records” under the termsthen current Right-to-Know Law, including for the time period required by applicable law or funding source but not limited less than six (6) years. Such records related to the objectivesRegional Plan shall be available for public review and copying at Participant or Project Sponsor office, eligibility requirementsupon submission of written request no less than five (5) business days prior to the desired date of review. The Participant or Project Sponsor shall also provide to YCPC the Final Report for completed Projects. (iv) If a BMP Project, procedures and obligations of the Downtown Woburn Storefront Façade and Sign Improvement Program Guidelinessponsored by a Project Sponsor, attached hereto as Appendix B and made a part hereofis to be implemented, and such Project shall perform and observe the be subject to terms and conditions approved by the Management Committee and Administrator. The Management Committee and Administrator will seek to develop a form of the Grant Agreement as they relate agreement to the Project. K. The WRA will be used in such instances. Where a Participant does not make final payment until the Participant’s Vendor can submit have a Regional Plan BMP Project in writing its jurisdiction, that all costs and responsibilities of the Participant have been satisfied to the terms agreed to between the Participant and the Vendor. Furthermore, the WRA shall not make final payment if the WRA believes that any of the terms agreed to between the WRA, Participant, and/or Vendor have been violated. L. The Participant shall not change or alter the Improvements for a period of ten (10) years from the date of have any obligations as to that BMP Project pursuant to this Agreement without the prior written approval from the WRAand pursuant to its MS4 permit. M. The Participant shall repay to the WRA the full amount of the Grant Award if the Participant makes any alterations to the Project without the prior written approval of the WRA during the ten (10) year period following the date of this Agreement.