Restoration Requirements Sample Clauses
Restoration Requirements. (i) If the condition referred to in Section 9.2 is such that the Demised Premises are partially damaged or destroyed and provided that the condition was not due to the acts or omissions of Tenant, its agents, employees, invitees or visitors, then during the period that Tenant is deprived of the use of the damaged portion of the Demised Premises, Tenant shall be required to pay Base Annual Rent and Additional Rent covering only that part of the Demised Premises that Tenant is able to occupy, based on the ratio between the square foot area remaining that can be occupied and the total square foot area of the entire Demised Premises covered by this Lease. Any unpaid or prepaid installment of Base Annual Rent and Additional Rent for the month in which the condition referred to in Section 9.2 occurs shall be prorated.
(1) If the condition referred to in Section 9.2 is such so as to make the entire Demised Premises untenantable and provided that the condition was not due to the acts or omissions of Tenant, its agents, employees, invitees or visitors, then, subject to the rights set forth in Section 9.3(a)(ii)(2) below, the installment(s) of Base Annual Rent and Additional Rent which Tenant is obligated to pay hereunder shall abat▇ ▇▇ of the date of the occurrence until the restoration of the Demised Premises has been substantially completed by Landlord to the extent of Landlord's obligations as described in Section 9.
Restoration Requirements. (i) In the event the Premises are substantially or totally destroyed by fire or other casualty so as to be entirely untenantable and Landlord’s independent architect determines that the restoration of the Premises cannot be completed within one hundred eighty (180) days after the date of the fire or other casualty, then Landlord shall have the unconditional right to cancel this Lease in its sole discretion. If Landlord elects not to cancel this Lease, then Landlord’s independent architect shall determine and notify Tenant in writing, within sixty (60) days following the fire or other casualty, of the date by which the Premises can be restored by Landlord in accordance with the provisions of Section 9.1. If the date determined by ▇▇▇▇▇▇▇▇’s independent architect for completion of restoration of the Premises is more than one hundred eighty (180) days after such fire or other casualty, then Tenant shall have the right, to be exercised by giving written notice to Landlord within ten (10) days following receipt of such notice from Landlord, to cancel and terminate this Lease. In the event the date by which ▇▇▇▇▇▇▇▇’s independent architect determines it can complete restoration of the Premises as herein provided is less than 180 days following such fire or other casualty, or Tenant fails to terminate this Lease as herein provided following notification from Landlord that completion of restoration will require more than 180 days, then this Lease shall remain in full force and effect and Landlord shall commence restoration of the Premises and the Project to the extent of Landlord's obligations as described in Section 9.1. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, for Landlord to reasonably be able to determine the time necessary for completion of the restoration and for other such delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of Landlord. Any delays as a result of the foregoing shall operate to postpone Landlord's obligation to complete restoration of the Project and Premises by one day for each day of any such delay. Tenant shall commence any restoration to be performed by ▇▇▇▇▇▇ as required in Section 9.1 and Tenant shall reoccupy the Premises when restored.
(ii) No compensation, or claim, will be allowed or paid by ▇▇▇▇▇▇▇▇, by reason of inconvenience, annoyance, or ...
Restoration Requirements. 15 (b) Casualty Near Expiration of Lease Term..........................16 10. CONDEMNATION..............................................................16 10.1 Landlord's Right to Award...........................................16 10.2 Tenant's Right to File Claim........................................16
Restoration Requirements. In connection with Subsections 117.1.1 and 117.1.2, above, Tenant, at its sole cost and expense, shall restore the Premises (including the soil, groundwater and sediment) such that, on the Expiration Date, or earlier termination date, the Premises shall be returned to City:
(a) Free of Aggregate Contamination. As between City and Tenant, Tenant shall bear sole responsibility for remediating Aggregate Contamination, and any costs related thereto;
(b) Free of any encumbrances including but not limited to deed or land use restrictions as a result of any Aggregate Contamination and/or any liens (UCC, federal or state tax or otherwise) on the Premises or on fixtures or equipment, or personal property left on the Premises;
(c) Free of all above-ground and below-ground works, structures, improvements and pipelines of any kind, (collectively referred to as "Structures"), placed on the Premises by Tenant, if directed to remove such Structures by City. If the Premises have been improved by a prior tenant or by both City and a prior tenant, then such Structures which were left on the Premises at Tenant's request or for Tenant's benefit shall also be the responsibility of Tenant except as may be otherwise specified by this Agreement; and
(d) In a clean, level, graded and compacted condition with no excavations or holes resulting from Structures removed if City elects to have Tenant remove all Improvements or, if the City elects to retain some of the Improvements, the area of the demolished improvements shall be in a clean, level, graded and compacted condition with no excavations or holes resulting from any structures the City elects to have removed.
Restoration Requirements. If the TENANT undertakes the alterations, additions, installations or renovations to the premises specified above, EITHER— (check the appropriate box) the LANDLORD agrees that there is no requirement to restore the premises or pay for the restoration of the premises OR the TENANT agrees to undertake the restoration requirements or pay the amount specified at the expiry or earlier termination of this agreement, as set out below. Insert restoration requirements that apply at the expiry or earlier termination of this agreement Note: The requirements listed cannot take away any of the rights and duties set out in Parts A and B of this agreement and must not include any terms that have been prescribed as prohibited terms. Amount representing estimated reasonable cost of restoring premises ($): Signatures LANDLORD Signature of LANDLORD: TENANT(S) Signature of TENANT 1: Signature of TENANT 2: Signature of TENANT 3: Signature of TENANT 4: Note: If the LANDLORD and TENANT subsequently agree to further alterations, additions, installations or renovations to the premises, they must complete and attach an additional copy of Part E of this agreement. Residential tenancy agreement for a fixed term of more than 5 years Note: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text. Landlords and tenants for rental premises, or Specialist disability accommodation (SDA) providers and SDA residents, for SDA enrolled dwellings. On this form, an SDA resident is referred to as the ‘tenant’ and an SDA provider is referred to as the ‘landlord’. Important information Please read this before completing the Residential Tenancy Agreement. This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies Act 1997, so please read all terms and conditions carefully. If you need advice on your rights and responsibilities, please call the Consumer Affairs Victoria Helpline on 1300 55 81 81 before signing the Agreement. In the Agreement you can consent to the electronic service of notices and other documents to your nominated email address. You should only consent to electronic service if you check your emails regularly. Both the landlord and tenant should keep signed copies of the completed Agreement for future reference. The landlord must supply the tenant with a copy of the completed Agreement within 14 days of the tenant signing. This Agreement is printed on carbonless paper a...
Restoration Requirements. All agricultural areas temporarily disturbed by construction must be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. Soil compaction results must be no more than 250 pounds per square inch (PSI) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction must be conducted prior to topsoil replacement. Following decompaction, remove all rocks 4 inches and larger in size, from the surface of the subsoil prior to replacement of the topsoil. Replace the topsoil to original depth and reestablish original contours where possible. Remove all rocks 4 inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement must be avoided after October 1. All parties involved must be cognizant that areas restored after October 1st may not obtain sufficient growth to prevent erosion over the winter months. If areas are to be restored after October 1st, necessary provision must be made to restore and/or reseed any eroded or poorly germinated areas in the springtime, to establish proper growth. Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage pattern incorporated into the design. Seed all restored agricultural areas with the seed mix specified by the landowner, in order to maintain consistency with the surrounding areas. Repair all surface or subsurface drainage structures damaged during construction as close to preconstruction conditions as possible, unless said structures are to be removed as part of the project design. Correct any surface or subsurface drainage problems resulting from construction of the solar energy project with the appropriate mitigation as determined by the Environmental Monitor, Soil and Water Conservation District and the Landowner. On affected farmland, postpone any restoration practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration must not be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil must not be regraded and subsoil must not be decompacted until plasticity, as determined by the Atterberg field test, is adequately reduced. No project restoration activities shall occur in agricultural fields between the months of October through May unless favorable soil moisture conditions exist. Following restoration, remove all construction debris from the site.
Restoration Requirements. If the renter undertakes the alterations, additions, installations or renovations to the premises specified above, either— (tick the appropriate box) the rental provider agrees that there is no requirement to restore the premises or pay for restoration of the premises; or the renter agrees to undertake the restoration requirements or pay the amount specified at the expiry or earlier termination of this agreement, as set out below. (insert restoration requirements that apply at the end of this agreement) Estimated cost of restoring premises an additional amount of bond to restore the premises for an installation, renovation, alteration or addition has NOT been requested. an additional amount of bond to restore the premises for an installation, renovation, alteration or addition has been requested. (insert bond amount) The rental provider or agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA) within 10 days business after receiving payment. The RTBA will send the renter a receipt for the bond. If the renter does not receive a receipt within 15 business days from when they paid the bond, they can email the RTBA at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇.▇▇▇.▇▇, or call the RTBA on ▇▇▇▇ ▇▇ ▇▇ ▇▇. Signatures Rental provider Signature of rental provider 1 Date Signature of rental provider 2 Date Renter(s) All renters listed must sign this residential rental agreement. Signature of renter 1 Date Signature of renter 2 Date Signature of renter 3 Date Signature of renter 4 Date Note: Each renter who is a party to the agreement must sign and date here. If there are more than four renters, include details on an extra page.
Restoration Requirements. In 2021, the MST Board of Directors approved the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation, Monitoring, and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA). A Biological Opinion (BO) was issued by the U.S. Fish and Wildlife Service (USFWS) on October 3, 2022. This Plan has been prepared in compliance with Mitigation Measures BIO-1.7 (▇▇▇▇▇’▇ Blue Butterfly Avoidance and Restoration), BIO-1.8 (Special-Status Plant Avoidance and Restoration), and BIO-2.11 (Dune Scrub Restoration) of the approved MMRP, and in compliance with the reasonable and prudent measures identified in the BO issued by the USFWS. These project conditions require that impacts to ▇▇▇▇▇’▇ blue butterfly, Monterey spineflower, and dune scrub be replaced at a 3:1 success ratio for the acreage or individuals impacted (depending on the resource impacted) and a Restoration Plan shall be prepared by a qualified biologist and implemented. The plan shall include, but is not limited to, the following: • A description of the baseline conditions of the habitats within the work site, including the presence of any special-status species, their locations, and densities; • Procedures to control and/or eliminate non-native invasive species within the work site; • A detailed description of on-site and/or off-site restoration areas, salvage of seed and/or soil bank, plant salvage, seeding and planting specifications, which may include, but is not limited to, an increased planting ratio to ensure the 1:1 success ratio, if required by the USFWS; and • A monitoring program that describes annual monitoring efforts which incorporate success criteria and contingency plans if success criteria are not met. In addition, the BO requires that the final draft of the restoration plan is submitted to the USFWS for review and approval. Based on the mitigation measures required by the MMRP under CEQA and reasonable and prudent measures required by the BO, MST is requesting assistance from the MPRPD in fulfilling the mitigation requirements for the following: • Monterey spineflower – approximately 2.43 acres required for mitigation • ▇▇▇▇▇’▇ blue butterfly – approximately 0.42 acre required for mitigation • Dune scrub habitat – approximately 0.04 acre required for mitigation
Restoration Requirements. If the TENANT undertakes the alterations, additions, installations or renovations to the premises specified above, EITHER—
Restoration Requirements. All repair and restoration of the Premises to be made by Landlord pursuant to Paragraph 12.4 hereof shall be made in accordance with plans and specifications approved by Tenant. Landlord shall comply, and shall require all its contractors to comply, with all Applicable Laws relating to conditions of employment in making such repairs and restoration. In the event that there is a taking and this Lease is not terminated pursuant to this Article 12, any and all proceeds owing to Landlord resulting from any eminent domain proceedings based on such taking shall be deposited into a mutually acceptable joint Construction Escrow to be established by Landlord and Tenant in the same manner as provided in Paragraph 9.1.3 above, and used to pay for the costs of such repairs and restoration. Notwithstanding the foregoing, if by reason of the provisions of any such mortgage or deed of trust executed by Landlord on the Premises, any such eminent domain proceeds are required to be made payable to the lien holder, Tenant hereby consents thereto, provided that the lien holder in question (i) shall first agree in writing with Landlord to make said proceeds available for such repair and restoration to the extent required pursuant to this Article 12, and (ii) shall not have any interest in the Tenant's Eminent Domain TI Proceeds, and Tenant shall be entitled to retain any such proceeds.
