Repair and Restoration of Property. (A) The Grantee shall protect public and private property from damage. If damage occurs, the Grantee shall promptly notify the property owner within twenty-four (24) hours in writing.
(B) Whenever Grantee disturbs or damages any Right-of-Way, other public property or any private property, Grantee shall promptly restore the Right-of-Way or property to at least its prior condition, normal wear and tear excepted, at its own expense.
Repair and Restoration of Property. (1) The Grantee shall protect public and private property within the Rights-of- Way from damage.
(2) If public property is disturbed or damaged, the Grantee shall restore the property to its former condition. Public right-of-way or other Grantor property shall be restored in a manner and within a timeframe approved by the Grantor's Director of Public Works. If restoration of public right-of-way or other property of the Grantor is not satisfactorily performed within a reasonable time, the Director of Public Works may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within forty-five (45) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the Grantor. If suit is brought by Grantor upon Xxxxxxx's failure to pay for repair or restoration, the reasonable costs and expenses of the prevailing party will be paid by the non-prevailing party.
Repair and Restoration of Property. Purchaser agrees at its own expense to promptly repair or restore the Property, or, at Seller’s option, to reimburse Seller for any repair or restoration costs, if any inspection or test requires or results in any damage to or alteration of the condition of the Property. The obligations set forth in this Section 5.2.8 shall survive the Closing or any termination of this Agreement.
Repair and Restoration of Property. A. Grantee shall protect public and private property from damage. If damage occurs the Grantee shall promptly notify the property owner within 24 hours in writing.
B. If public or private property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. Public right-of-way or other City property shall be restored, in a manner and within a timeframe approved .by the City’s Director of Public Works or other appropriate designated official. If restoration of public right-of-way or other property of the City is not satisfactorily performed within a reasonable time, the Director of Public Works or other appropriate designated official may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee’s expense and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. If suit is brought upon Grantee’s failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the City, then the Grantee shall pay all of the City’s actual costs and expenses resulting from the non-payment, including penalties, interest from the date the xxxx was presented, disbursements, attorneys’ fees and litigation-related costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than 72 hours.
C. Prior to entering onto private property to construct, operate or repair its Cable System in a manner in which it is assumed that temporary property damage will occur or the work will be of a duration exceeding four hours, Grantee shall give the Person residing on or using the property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property, a description of the work it intends to perform and a name and phone number the Person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. Such notification is not required when Grantee is performing connection, disconnection and/or repair of i...
Repair and Restoration of Property. 1. The Grantee shall protect public and private property from damage. If damage occurs and Grantee is aware of the said damage, the Grantee shall promptly notify the property owner within twenty-four (24) hours.
2. If public or private property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. Such restoration work shall comply with the City of Stillwater Standards. Public right-of-way or other Grantor property shall be restored, in a manner and within a timeframe approved by the Grantor. If restoration of public right-of-way or other property of the Grantor is not satisfactorily performed within a reasonable time, the Grantor may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the Grantor. If suit is brought upon Grantee's failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the Grantor, then the Grantee shall pay all of the Grantor's actual costs and expenses resulting from the non-payment, including damages, interest from the date the xxxx was presented, disbursements, attorneys' fees and litigation-related costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than seventy-two (72) hours.
Repair and Restoration of Property. 1. The Grantee shall protect public and private property from damage. If damage occurs and Grantee is aware of the said damage, the Grantee shall promptly notify the property owner within twenty-four (24) hours.
2. If public or private property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. If restoration of public right- of-way or other property of the Grantor is not satisfactorily performed within a reasonable time, the Grantor may cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee.
Repair and Restoration of Property. Upon the completion of the Permitted Activities, the City shall leave the Property in the same condition as it existed when the License commenced. The City shall repair, at its expense, any damage to the Property caused by the City’s use thereof pursuant to this License. Upon termination of this License, the City shall remove all personal property from the Property.
Repair and Restoration of Property. 1. If Grantee reasonably knows or should have known it has, damaged public or private property, it shall promptly notify the property owner within twenty- four (24) hours in writing.
2. If public or private property is disturbed or damaged, Grantee shall restore the property equivalent to its former condition. Public Rights-of-Way or other City property shall be restored in a manner and within a timeframe approved by the City’s Director of Public Works. If restoration of public Rights-of-Way or other property of the City is not satisfactorily performed within a reasonable time, the Director of Public Works may, after prior notice to Grantee, or without notice, where the disturbance or damage creates a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at Grantee’s expense and recover the cost of those repairs from Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, Grantee shall pay the City. If suit is brought by City or Grantee with respect to the obligations of this Section 10.3(C), the non-prevailing party shall pay all reasonable attorney’s fees and costs of the prevailing party.
Repair and Restoration of Property. (a) In the event that (i) the net proceeds of insurance received by Lender as a result of damage or destruction of the Project, or in the case of condemnation, the net amount of all awards and payments received by Lender with respect to such taking, after deduction of Lender's reasonable costs and expenses (including, but not limited to, reasonable legal costs and expenses), in collecting the same, whichever the case may be (the "Net Proceeds") do not exceed $250,000.00 ("Casualty Benchmark"), (ii) the costs of completing the repair and restoration of the Project (a "Restoration"), as reasonably estimated by Lender, shall be less than or equal to the Casualty Benchmark, (iii) no Default or Event of Default shall have occurred and be continuing, (iv) the Project and the use thereof after the Restoration shall be in compliance with, and permitted under, all Legal Requirements, (v) such fire or other casualty or taking, as applicable, does not materially impair access to the Project in any respect, then Lender shall disburse the entire Net Proceeds directly to Borrower, and Borrower shall commence and diligently prosecute to completion the Restoration to as nearly as possible the condition the Project was in immediately prior to such fire or other casualty or to such taking. Borrower shall segregate the Net Proceeds from other funds of Borrower to be used to pay for the cost of the Restoration in accordance with the terms hereof.
(b) If the Net Proceeds are greater than the Casualty Benchmark, such Net Proceeds shall be held by Lender in a segregated account to be made available to Borrower for the Restoration in accordance with the following provisions:
(1) Borrower shall commence and diligently prosecute to completion the Restoration of the Project (in the case of a taking, to the extent the Project is capable of being restored). The Net Proceeds shall be made available to Borrower for payment of, or reimbursement of Borrower's expenses in connection with, the Restoration, subject to the following conditions: (i) no Potential Default or Event of Default shall have occurred and be continuing; (ii) Lender shall, within a reasonable period to time prior to request for initial disbursement of the Net Proceeds, be furnished with an estimate of the cost of the Restoration accompanied by a design architect's certification as to such costs and appropriate plans and specifications for the Restoration; (iii) the Net Proceeds, together with any cash or cash equivalent...
Repair and Restoration of Property. 1. Franchisee shall protect public and private property from damage. If damage occurs arising from the actions or omissions of Franchisee, Franchisee shall promptly notify the property owner.
2. If public or private property is disturbed or damaged through the actions or omissions of Franchisee, Franchisee shall restore the property to its former or better condition including necessary paving, patching, grading and other necessary repair or restoration. Public right-of-way or other City property shall be restored to its former or better condition, in a manner and within a reasonable time approved by the Director of Public Works. If suit is brought upon Franchisee’s failure to pay for any such repair and restoration, and if judgement in such a suit is entered in favor of City, then Franchisee shall pay all of City’s actual costs resulting from the non-payment, including interest from the date the bill was presented. Private property shall be restored promptly, considering the nature of the work that must be performed. It is a violation of this Franchise for Franchisee to leave cable unburied on the ground for more than the shortest, temporary period required to bury it. Except with the express permission of the Director of Public Works, such temporary period may not exceed 14 business days during the period of May 15 through October of each year. Xxxxx left unburied on the ground during the inclement period from November through May 14 of each year shall be buried no later than thirty (30) days after May 15 each year.
3. Except in cases of emergency or responses to unplanned system failures where it is impractical to do so, prior to entering onto private property to construct, operate or repair its Cable System (unless the repair or construction can be performed from the right-of-way, without disrupting the private property), Franchisee shall give the person residing on or using the property adequate advance notice that it intends to work on the property, a description of the work it intends to perform, and a name and telphone number of a Franchisee representative that the person can call to protest or seek modification of the work. Such work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents, and users, and that shall comply in all respects with applicable law requirements. In cases subject to the exception for prior notice, notice shall be given to the property owner as soo...