Takedown and Removal of Sign; How and When Payment is to be Made Sample Clauses

Takedown and Removal of Sign; How and When Payment is to be Made. Takedown and Removal: It will normally be the responsibility of the Owner to takedown and remove the Sign. However, there may be circumstances where the Sign has no value to the Owner and can be taken down more cost effectively by the WisDOT (see Part 4.9 Salvage). The WisDOT reserves the right in such situations to evaluate the costs and, if reasonably prudent to do so, have the Sign removed and deduct the scheduled takedown costs from the payment to the Owner. Payment: Payment shall be made by WisDOT to the Owner when: 1) a claim is signed by the Owner, agreeing to be reimbursed under this program, and 2) after the sign is removed from the highway right of way. Removal must be by the date indicated on the notification by WisDOT to Owner, and notice shall be given by WisDOT to Owner at ninety (90) days prior to this date, as required under the Uniform Relocation Act, and at thirty (30) days prior to this date, as is WisDOT practice. However, a different removal date, arranged mutually between the WisDOT and Owner and acknowledged in writing will preempt the removal date indicated on the notification and will not waive the Owner's right to reimbursement under this Agreement (such an arrangement may contain other terms (i.e., rent to be paid by the Owner to the current landowner based upon the land lease in effect at the time). WisDOT will tender payment within thirty 30 days after WisDOT has received the sign relocation claim and other required documentation and the Owner has notified WisDOT that the sign is removed. Payment shall be made to Owner under this Agreement only when the Owner's Sign is occupying the property with consent of the landowner (under lease or extension) for consideration, or owned by Owner, on the date the WisDOT acquires the parcel upon which the Sign is located. Upon acceptance of payment under this Agreement, the Owner waives any right to future claims for damage or loss involving this Sign(s). Provided that the WisDOT has given the 90 day notice and 30 day reminder to remove the Sign, in the event the signs are not removed by the removal date as specified in the notice or by mutual agreement, it is understood by the Owner that WisDOT shall remove the Sign and the amounts due the Owner under the terms of this Agreement shall be offset by the costs to WisDOT for removal of the sign and project delay, if applicable. The Owner will be entitled to the balance, if any, of relocation benefits. In the event the WisDOT does not provide th...
AutoNDA by SimpleDocs

Related to Takedown and Removal of Sign; How and When Payment is to be Made

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • INSTALLATION AND REMOVAL Show Management reserves the right to fix the time for the installation of a booth prior to the Show opening and for its removal after the conclusion of the Show. Installation of all exhibits must be fully completed by the opening time of the exposition. Any space not claimed and occupied three hours prior to opening, may be resold or reassigned without refund. No exhibitor will be allowed to dismantle or repack any part of his exhibit until after the closing of the Show. 6.

  • Retention or Repurchase of Assets Essential to Receiver (a) The Receiver may refuse to sell to the Assuming Institution, or the Assuming Institution agrees, at the request of the Receiver set forth in a written notice to the Assuming Institution, to assign, transfer, convey, and deliver to the Receiver all of the Assuming Institution's right, title and interest in and to, any Asset or asset essential to the Receiver as determined by the Receiver in its discretion (together with all Credit Documents evidencing or pertaining thereto), which may include any Asset or asset that the Receiver determines to be:

  • Provision and Removal of Equipment B2.1 The Contractor shall provide all the Equipment necessary for the supply of the Services.

  • Our Liability for Failing to Make Transfers If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Liability for Failure to Stop Payment of Preauthorized Transfers If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

  • Note for Victorian customers In Victoria, a retailer must obtain a customer’s ‘explicit informed consent’ to base the customer’s bill on an estimation, unless the meter cannot be read or the metering data is not obtained.

  • Certification Regarding Prohibition of Certain Terrorist Organizations (Tex Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Does Vendor certify? 3 Yes

  • Subcontracting for the Provision of Services (a) The parties acknowledge that, subject to the provisions of LHSIA, the HSP may subcontract the provision of some or all of the Services. For the purposes of this Agreement, actions taken or not taken by the subcontractor, and Services provided by the subcontractor, will be deemed actions taken or not taken by the HSP, and Services provided by the HSP.

  • Liability for Failure to Stop Payment of Preauthorized Transfer If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Time is Money Join Law Insider Premium to draft better contracts faster.