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 abatx xx 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) If the condition referred to in Section 9.2 is such that the Demised Premises, the Building or the parking areas 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. In the event greater than forty percent (40%) of the Premises are rendered untenable, the entire Demised Premises shall be deemed untenantable (unless the Tenant continues operations in such other portions of the Premises. 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,
(ii) (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 xxxxx as 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 9.2. 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.
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. If the TENANT undertakes the alterations, additions, installations or renovations to the premises specified above, EITHER—
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 xxxx@xxxxxxx.xxx.xxx.xx, or call the RTBA on 0000 00 00 00. 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 (Xxxxx’x 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 Xxxxx’x 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 • Xxxxx’x blue butterfly – approximately 0.42 acre required for mitigation • Dune scrub habitat – approximately 0.04 acre required for mitigation
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. 21 (b) Casualty Near Expiration of Lease Term .................... 21 (c) Tenant's Right of Termination ............................. 21 10. CONDEMNATION ........................................................ 22 10.1 LANDLORD'S RIGHT TO AWARD ..................................... 22 10.2 TENANT'S RIGHT TO FILE CLAIM .................................. 22 11. BANKRUPTCY .......................................................... 22 11.1
