REPAIR AND MAINTENANCE OF THE FACILITY Sample Clauses

REPAIR AND MAINTENANCE OF THE FACILITY. 7.4.1 The Operator shall maintain the Facility in line with Good Industry Practice and shall ensure that the Facility is fully operational throughout the Concession Period. The Authority shall pass on to the Operator any benefits of defect liability periods under the relevant construction contractors of the Facility. 7.4.2 The Operator shall not schedule any major repair or maintenance work in respect of the Facility at any time during the Services Period without the prior written consent of the Authority. The Operator shall ensure that all major repair and maintenance work in respect of the Facility is scheduled at a time during the vacations when the Facility is free and the consent of the Authority is sought in respect of such work and the period required to complete the same prior to undertaking such work. The Operator shall submit in writing to the Authority, with copies to the Independent Auditor and Independent Expert, the details and costs of all major maintenance and repair works proposed to be undertaken by the Operator in respect of the Facility at least thirty (30) days prior to the vacations in which such repair and maintenance work is being planned. All major repair and maintenance work and the costs thereof shall be certified by the Independent Auditor prior to the Authority approving the same and making appropriate disbursements in respect of such works; provided that the Independent Auditor and the Authority shall certify, amend and/or approve (as applicable) the request of the Operator within a period of thirty (30) days. The Authority shall disburse the costs of such repair and maintenance, as certified by the Independent Auditor, to the Operator with the upcoming Annuity Amount Payment Date of the aforesaid approval. For sake of clarity any amounts paid by the Authority to the Operator in respect of repair and maintenance work pursuant to this Article 7.4.2 shall be in addition to the Annuity Amount Payments required to be made hereunder. 7.4.3 When the need arises for an unscheduled outage in order to undertake emergency maintenance during an Academic Year (“Unscheduled Outage”), the Operator shall advise the Authority of such need and the commencement and estimated duration of such work. The Authority shall allow the Operator to schedule such outage within a period of time that is reasonable under the circumstances and not exceeding the time required by Good Industry Practice. The Operator shall advise the Authority of the above matte...
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REPAIR AND MAINTENANCE OF THE FACILITY. 7.4.1 The Operator shall maintain the Facility in line with Good Industry Practice and shall ensure that the Facility is fully operational throughout the Service Period. The Authority shall pass on to the Operator any benefits of defect liability periods under the relevant construction contractors of the Facility. 7.4.2 The Operator shall not schedule any major repair or maintenance work in respect of the Facility at any time during the Services Period without the prior written consent of the Authority. The Operator shall ensure that all major repair and maintenance work in respect of the Facility is scheduled at a time during the vacations and/or public holidays when the Facility is free and the consent of the Authority is sought in respect of such work and the period required to complete the same prior to undertaking such work. The Operator shall submit in writing to the Authority (with copies to the Independent Auditor and Independent Expert), the details and costs of all major maintenance and repair works proposed to be undertaken by the Operator in respect of the Facility at least thirty (30) days prior to the vacations in which such repair and maintenance work is being planned. All major repair and maintenance work and the costs thereof shall be certified by the Independent Auditor prior to the Authority approving the same and making appropriate disbursements in respect of such works; provided that the Independent Auditor and the Authority shall certify, amend and/or approve (as applicable) the request of the Operator within a period of thirty (30) days. The Authority shall disburse the costs of such repair and maintenance, as certified by the Independent Auditor, to the Operator with the upcoming Annuity Amount Payment Date of the aforesaid approval. For sake of clarity any amounts paid by the Authority to the Operator in respect of repair and maintenance work pursuant to this Article
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Related to REPAIR AND MAINTENANCE OF THE FACILITY

  • Repair and Maintenance Except for Landlord's obligation under Section 5.1.4, Tenant shall, during the term of this Lease, maintain the Premises in neat and clean order and condition, contract for daily cleaning and routine pest control services for the Premises, and perform all repairs to the Premises and all fixtures, systems, and equipment therein (including Tenant's equipment and other personal property) as are necessary to keep them in good and clean working order, appearance and condition and consistent with other premises in first-class buildings used for the Permitted Uses, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in windows and doors of the Premises (except glass in the exterior walls of the Building) with glass of the same quality as that damaged or broken. Tenant shall secure and pay for, keep in full force and effect and enforce, contracts with appropriate and reputable service providers (such contracts and providers to be approved in advance by Landlord) providing for regular maintenance of any ventilating and air-conditioning systems or components servicing the Premises exclusively and copies of such contracts and service call requests and invoices shall be furnished to Landlord upon request. Tenant shall keep any garbage, trash, rubbish or other refuse in vermin-proof containers within the interior of the Premises until removed, and shall dispose of such refuse in properly sealed bags placed in dumpsters provided and emptied by Tenant's trash removal contractor at Tenant's sole expense. Landlord shall have no obligation to collect or dispose of any (a) radioactive, volatile, highly flammable, explosive of toxic materials, (b) needles, syringes, lancets, similar sharp objects or contaminated wares, (c) human or animal tissue or products, or (d) any other Hazardous Materials, any item identified in clauses (a) through (d), above, hereinafter referred to as "Excepted Waste". Tenant agrees that title to and liability for any Excepted Waste from the Premises shall remain with Tenant, even if Landlord collects and/or disposes of any such Excepted Waste.

  • Repairs and Maintenance (a) Except for the obligations of Landlord pursuant to Section 9(b) of this Lease and except as caused by the negligence or willful misconduct of Landlord or its agents, contractors, servants, invitees or employees or Landlord’s default hereunder, Tenant shall keep, maintain, and repair or cause to be repaired and maintained, at its sole cost and expense, the Premises, including, without limitation: HVAC, mechanical and electrical equipment and all systems in or serving the Premises, the Utility Infrastructure, the Critical Fixtures and Equipment, parking areas, sidewalks, roadways and landscaping, in good repair and condition and appearance, normal wear and tear excepted, and shall make all repairs and replacements which may be required to be made in order to keep and maintain the Premises, including without limitation, the Utility Infrastructure and Critical Fixtures and Equipment, in as good repair and appearance as they were when originally delivered to Tenant, except for ordinary wear and tear and subject to the provisions of Section 13 and Section 14 hereof, and Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in a good, proper and workmanlike manner in accordance with customary standards for first-class data centers. (b) Subject to the provisions of Section 13 and Section 14 hereof, Landlord shall make all necessary roof repairs and structural repairs to the Premises including those repairs and replacements necessary to keep the roof, exterior walls, foundation and structural frame of the Premises in good order and repair and perform such repairs in accordance with customary standards for first-class data centers. Landlord shall initiate all such repairs promptly and to remedy any condition requiring repair by Landlord with due diligence. (c) If Tenant shall be in default under any of the provisions of this Section 9, Landlord may, after thirty (30) days written notice to Tenant and failure of Tenant to cure during said period unless such default is of such a nature that it cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Tenant. If an emergency exists, Landlord shall use reasonable efforts to notify Tenant of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Landlord or Tenant, as applicable, and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. (d) If Landlord shall be in default under any of the provisions of this Section 9, Tenant may, after thirty (30) days written notice to Landlord and failure of Landlord to cure during said period unless such default is of such a nature that it cannot with reasonable diligence be cured within said period, then the cure period shall be extended by such period as may be required with the application of reasonable diligence to cure the default, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Landlord. If an emergency exists, Tenant shall use reasonable efforts to notify Landlord of the situation by phone or other available communication before taking any such action to cure such default. All reasonable sums so paid by Tenant and all reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) so incurred, together with interest at the Lease Default Rate from the date of payment or incurring of the expense, shall constitute amounts payable by Landlord under this Lease and shall be paid by Landlord to Tenant on demand. (e) Without limiting the generality of the foregoing, Tenant shall additionally perform, at its cost and expense, all maintenance, repair, and replacement obligations hereunder relating to any of the Building’s systems, the Building’s elevators, the Utility Infrastructure, or the Critical Fixtures and Equipment. In addition, in connection with Tenant’s maintenance, repair, and replacement obligations under this Lease, Tenant shall at its own cost and expense enter into regularly scheduled preventative maintenance service contracts, with vendors, approved by Landlord, in its reasonable discretion, for servicing all Building systems, Utility Infrastructure, elevators, and Critical Fixtures and Equipment. Tenant shall cause such maintenance contracts to designate Landlord a third (3rd) party beneficiary, with the right to receive all notices delivered under such contracts, and the ability to exercise Tenant’s rights thereunder upon Tenant’s default under this Section 9 or upon Tenant’s default under an applicable maintenance contract. (f) In the event of an emergency adversely affecting the structure of the Premises, Tenant shall make all reasonable efforts to inform Landlord of the emergency. If Tenant is unable to make contact with Landlord or Landlord does not, within a reasonable amount of time, take actions necessary to end such emergency, Tenant may take the minimum steps reasonably necessary to end the emergency at Landlord’s expense. All reasonable sums paid by Tenant in taking such actions as are permitted by the provisions of Section 9(f) above shall be paid by Landlord within thirty (30) days after receipt of Tenant’s demand therefor. After the emergency has ended, any repair required of Landlord under this Lease shall be made by Landlord in accordance with the terms of this Lease and any repair required of Tenant under this Lease shall be made by Tenant in accordance with the terms of this Lease.

  • Construction and Maintenance There are on-going maintenance, renovation and construction projects taking place in and around the residences. The work typically takes place during regular business hours, but may begin earlier or extend into evenings or weekends. On-going construction or renovation projects will continue through midterm and final exam periods. The University will take measures to ensure that prudent construction practices are followed, but there may be noise, dust and temporary interruption of some services. Residents may be required to temporarily or permanently relocate to facilitate construction or renovation to their residence area. There will be no compensation or reduction to your residence fees due to disruption and/or relocation.

  • MAINTENANCE OF THE SAID BUILDING APARTMENT / PROJECT

  • Installation and Maintenance Except for the bi‐directional and production metering equipment owned by the City, all equipment on Customer’s side of the delivery point, including the required disconnect device, shall be provided and maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of the Customer. The City will bear no responsibility for the installation or maintenance of Customer’s equipment or for any damage to property as a result of any failure or malfunction thereof. The City shall not be liable, directly or indirectly for permitting or continuing to allow the interconnection of the Facility or for the acts or omissions of Customer or the failure or malfunction of any equipment of Customer that causes loss or injury, including death, to any party.

  • Support and Maintenance Where Licensee purchases support and/or maintenance services, Licensee’s initial support and/or maintenance term will begin upon delivery to Licensee of the Licensed Software and continue for one (1) year thereafter (or the length of the term if less than a year for any subscription/term license) unless otherwise specified in the applicable annual support and/or maintenance agreement, Product Order, or other written agreement executed between Licensor and Licensee. Where Licensee purchases support and/or maintenance for any Licensed Software, Licensee hereby agrees that it shall purchase such support and/or maintenance services for all of Licensee’s licensed units of such Licensed Software product. Support and/or maintenance services provided by Licensor will be subject to Licensor’s then current applicable standard annual support and/or maintenance agreement unless otherwise agreed by the parties in writing.

  • Road Maintenance Purchaser shall maintain roads, commensurate with Purchaser’s use, in accor- dance with Road Maintenance Requirements in C5.31 and the Road Maintenance Specifications. Performance of road maintenance work by Purchaser may be required prior to, during, or after each period of use. The timing of work accomplishment shall be based on Purchaser’s Op- erating Schedule under B6.31.

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