Common use of WITNESSETH Clause in Contracts

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.

Appears in 7 contracts

Samples: www.readingpa.gov, www.readingpa.gov, www.readingpa.gov

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WITNESSETH. That the parties to these presents each Mortgagor, for and in consideration of the agreements on the part of the other herein containedforegoing paragraph, have agreeddoes by these presents grant, bargain, sell, and hereby do agree, the City for itselfconvey to Mortgagee, its successors heirs, executors, administrators, successors, and assigns, forever, all the following described real estate in County, North Dakota, described as follows, to wit (“Property”): Legal Description: TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and the Vendor for itselfappurtenances thereunto belonging or in anywise appertaining, himself or themselvesunto Mortgagee, its heirs, executors, administrators, successors, or his or their executors and assigns, FOREVER. And Mortgagor hereby covenants with Mortgagee, its heirs, executors, administrators, successors, and assigns, as follows: The Vendor covenantsThat Mortgagor has good right to convey the same, promises that the same are free from all encumbrances (except for matters of record as of the date hereof) and agrees that Mortgagee, its heirs, executors, administrators, successors, and assigns, shall quietly enjoy and possess the same, and that Mortgagor will warrant and defend the title to the same against all lawful claims, hereby relinquishing and with conveying all right of homestead, and all contingent claims and rights whatsoever in and to the CityProperty. PROVIDED, for the consideration hereinafter mentioned NEVERTHELESS, That if Mortgagor, its heirs, executors, or administrators, shall well and containedtruly pay, or cause to be paid, to furnish as directed Mortgagee, its heirs, executors, administrators, successors, or assigns, the amounts due under the Agreements according to the City conditions thereof and shall also keep and perform all and singular the Obligations, then this Mortgage to be null and void, and the Property hereby conveyed to be released at the cost of ReadingMortgagor; otherwise to remain in full force and effect. And Mortgagor does covenant and agree with Mortgagee, Pennsylvaniaits heirs, executors, administrators, successors, and assigns to pay such amounts as above specified; to pay as a part of the debt hereby secured, in accordance case of each or any foreclosure or commencement of foreclosure of this mortgage, all costs and expenses and statutory attorneys’ fees in addition to all sums and costs allowed in that behalf by law; to permit no waste, and to do or permit to be done, to the Property, nothing that may in any manner impair or weaken the security under this Mortgage; to pay all taxes or assessments that may be assessed against or be a lien on the Property, or any part thereof, or upon this Mortgage or the Agreements or the legal holder thereof, before the same shall become delinquent; to keep the buildings on the Property adequately insured, in companies acceptable to Mortgagee, with the bid loss payable to Mortgagee or its assigns; and in case of failure so to pay such taxes or assessments, or any of the Vendor for Obligations, or in case there exists any claim, lien, or encumbrance upon the Request for Qualifications for Maintenance Property, which is prior to this Mortgage, Mortgagee, its heirs, executors, administrators, successors, or assigns may at its option, pay and Repairs for City Wide Fleet Vehicles dated August 21discharge such taxes or other obligation, 2019and the sum or sums of money that may so be paid, submitted with interest from the time of payment at 10% per annum (but in no event higher than the highest rate allowed by law), shall be deemed and are hereby declared to be a part of the debt secured by this Mortgage and shall be immediately due and payable. Mortgagor assigns to Mortgagee all of the rents, issues, and profits of the Property. So long as there is no default by Mortgagor in the performance or observance of any Obligations secured by this Mortgage, Mortgagor shall have the right to collect the rents, issues, and profits, but no more than one month in advance. This paragraph constitutes an absolute and present assignment of the rents, issues, and profits of the Property, subject, however, to a conditional license given to Mortgagor to collect and use same to the Cityextent provided above. But if default shall be made in the payment of such sum of money, attached hereto as Exhibit “A” and made a or interest, or the taxes, or any part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisthereof, at the fees submittedtime and in the manner hereinbefore or hereinafter specified for the payment thereof, from SeptemberMortgagor, 2019in such cases does hereby authorize and fully empower Mortgagee, its heirs, executors, administrators, successors, or assigns, to December 31sell the Property and convey the same to the purchaser, 2020in fee simple agreeably to the statute in such case made and provided, Department and out of Public Worksthe moneys arising from such sale to retain the principal and interest that shall then be due under this Mortgage and the Agreements, and all taxes upon such lands, together with all costs and charges, and statutory attorneys’ fees, and pay any surplus to Mortgagor, its heirs, executors, administrators, or assigns. If default be made by Mortgagor in any of the foregoing provisions or any of the Obligations it shall be lawful for Mortgagee, its heirs, executors, administrators, successors, or assigns or its attorney to declare the whole sum above specified to be due. If any provision or clause of this Mortgage or the Agreements conflict with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreements that can be given effect without the conflicting provision. To this end the provisions of this Mortgage are declared to be severable. IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first above written. WITNESSES: MORTGAGOR: [if Mortgagor is married, husband and wife must sign] STATE OF NORTH DAKOTA, COUNTY I HEREBY CERTIFY, that on , 20 _, before me, a copy Notary Public of the fee schedule is attached as Exhibit “A”. The use State of this Vendor may North Dakota, personally appeared and , known to me (or satisfactorily proven) to be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees person whose name(s) is/are subscribed to furnish only such merchandise which shall have fully met the specifications herein containedwithin Instrument, or hereto attached and made a part hereof. In who acknowledged that he [she/they] executed the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay same for the quantities thereof currently ordered purpose therein contained. WITNESS my hand and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said monthNotarial Seal. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Notary Public My Commission Expires:

Appears in 3 contracts

Samples: Mortgage, Mortgage, Mortgage

WITNESSETH. That (hereinafter called the parties Applicant and/or The Corporation shall sell and deliver water and/or wastewater service to these presents each the Applicant and the Applicant shall purchase, receive, and/or reserve from the Corporation in consideration accordance with the bylaws and tariff of the agreements on Corporation as amended from time to time by the part Board of Directors of the other herein containedCorporation. Upon compliance with said policies, have agreed, and hereby do agreeincluding payment of a Membership Fee, the City Applicant qualifies for itself, its successors Membership as a new applicant or continued Membership as a transferee and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: thereby may hereinafter be called a Member. The Vendor covenants, promises and agrees to and with the City, Corporation shall bill wastewater service for the consideration hereinafter mentioned and contained, City of Princeton based upon the Corporation’s water meter usage. All wastewater service-related issues will be handled by the City of Princeton. Any questions regarding wastewater service will need to furnish as be directed to the City of Reading, Pennsylvania, in accordance with Princeton. The Member shall pay the bid of the Vendor Corporation for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto service hereunder as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided determined by the City of ReadingCorporation’s Division of Fleet Management, Department of Public Works, for tariff and upon the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Worksterms and conditions set forth therein, a copy of which has been provided as an information packet, for which Member acknowledges receipt hereof by execution of this agreement. A copy of this agreement shall be executed before service may be provided to the fee schedule is attached as Exhibit “A”Applicant. The use Board of Directors shall have the authority to discontinue service and cancel the Membership of any Member not complying with any policy or not paying any utility fees or charges as required by the Corporation’s published rates, fees, and conditions of service. At any time, service is discontinued, terminated or suspended, the Corporation shall not re-establish service unless it has a current, signed copy of this Vendor may be extended agreement. If this agreement is completed for 2 additional 1 year terms at the City purpose of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made assigning utility service as a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting of a rural domestic water and/or wastewater system loan project contemplated with the specifications and conditionsRural Development, the City an Applicant shall pay an Indication of Interest Fee in lieu of a Membership Fee for the quantities thereof currently ordered and delivered, at the end purposes of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.determining:

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

WITNESSETH. That the parties to these presents each in Contractor, for the consideration of fully set out, hereby agrees with the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, Owner as follows: The Vendor covenantsConstruction Project The Contractor shall furnish all materials and perform all the work for and in connection with NAME OF PROJECT, promises and agrees to and with DCSB PROJECT NO., BID REFERENCE NO., accepting the Citybase bid AND ALTERNATES, for accepting the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvaniabase bid, in accordance with a manner and form provided for by the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21following enumerated Contract Documents, 2019, submitted to the City, which are attached hereto as Exhibit “A” and are made a part hereof as if fully contained herein: Proposal and all Bid Documents Construction Contract (This Agreement) Performance Bond and Statutory Payment Bond General Conditions Supplementary Conditions Special Requirements and Provisions Drawings and Project Manual (Specifications) All Addenda Issued in Connection Therewith Notice of Award Notice to Proceed The Contract Time The Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order from the Owner (the “Notice to Proceed”) and shall achieve Substan­tial Completion (“Substantial Completion Date”) of all work hereunder within days written out (number) consecutive calendar days, including holidays and average rain days, from the date identified in the Notice to Proceed. All work and closeout requirements shall be Finally Completed (“Final Completion Date”) within Thirty (30) consecutive calendar days, including holidays and average rain days, after the date of Substantial Completion. Inasmuch as failure to complete the Project within the time fixed in this Agreement will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the Project is not substantially completed and finally completed in the time allocated above, the Contractor shall pay to the Owner as liquidated damages, which shall represent the cost for Owner's inconvenience and the extended administrative cost only, the sums stipulated in paragraph K., Liquidated Damages, of this Agreement. These Liquidated Damages shall be in addition to other actual damages. The Owner shall not be respon­sible for any costs incurred by the Contractor prior to the issuance of the Notice to Proceed, should the notice be delayed or not issued. The Contract Amount For the faithful performance of this Agreement, the Owner hereby agrees to pay the Contractor the sum of amount written out (number) in lawful money of the United States of America, in the manner following merchandise as per specifications: To in subsequent sections of this Agreement. Schedule of Values The Contractor shall provide both routine maintenance for the Owner and repairsArchitect/Engineer's approval, prior to submitting the first Request for Payment, a Schedule of Values setting forth an itemized listing of each major construction area (trade, discipline, etc.) and its respective allocated dollar value. This schedule shall be for the purpose of more accurately determining the aforesaid partial payments. The Owner may withhold payments until receipt of an approved Schedule of Values, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided determined by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet VehiclesOwner. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Partial Payments:

Appears in 2 contracts

Samples: dcps.duvalschools.org, dcps.duvalschools.org

WITNESSETH. That the parties Seller agrees to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, sell and hereby do agree, the City for itself, its successors and assignsconvey, and the Vendor for itselfBuyer agrees to purchase, himself or themselvesupon the terms and conditions herein set forth, its successorsthe following described real estate situated in the County of , or his or their executors State of Missouri, to-wit: together with all improvements thereon, including heating, cooling, humidity, lighting, water supply and administratorsplumbing fixtures and apparatus: attached floor coverings: window shades: Venetian blinds: curtain and drapery rods: storm windows and doors: attached mirrors: TV antennas: and Subject, however, to easements, restrictions, reservations, community contracts and party wall agreements of record, and zoning laws, as will not materially interfere with the use of the property the Buyer might reasonably expect to make considering the general character of the neighborhood. The purchase price is Dollars, ($ ), to be paid by the buyer as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, $ at the fees submitted, from September, 2019, to December 31, 2020, Department signing of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate receipt of which is hereby acknowledged by Seller and which is deposited with as xxxxxxx money, and as part of the purchase price, and the balance to be paid in the following manner: $ cash on delivery of deed as herein provided, All deferred payments shall be represented by promissory note(s), secured by deed(s) of trust on the above described property, executed by Xxxxx and spouse, containing usual provisions, drawing interest from the date of the deed, on the terms specified above, to be recorded at the expense of the Buyer. This sale shall be closed at the office of St. Xxxxxx Title on or before the day of , at which time all moneys and papers shall be delivered, and all other things called for by this contract at the time of closing shall be done; provided, if title has not been perfected by giving said date but is perfected thereafter during the Vendor written notice. Upon the said merchandise being duly tested continuance of this contract, this sale shall be closed within 5 days after title has been perfected and accepted approved by the proper City employees as meeting with the specifications Buyer. Absolute and conditions, the City unqualified possession shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof be delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Buyer on . Other provisions:

Appears in 2 contracts

Samples: Real Estate Contract, Real Estate Contract

WITNESSETH. That the parties to these presents each For and in consideration of One Dollar ($1.00) and other valuable consideration paid and to be paid by the agreements on Tenant to the part Landlord, the Landlord does demise and let unto Tenant and the Tenant does lease and take from the Landlord, upon the terms and conditions and subject to the limitations more particularly set forth in a certain agreement between the Landlord and Tenant, bearing even date herewith, to which Agreement reference is hereby made for all of the other herein containedterms and provisions thereof, have agreed, which terms and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and provisions are made a part hereof as fully and particularly as if set out verbatim herein, the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by premises situated in the City of Reading’s Division Memphis, County of Fleet ManagementShelby, Department State of Public WorksTennessee, consisting of land, together with improvements placed and/or to be placed thereon, and more particularly described as follows: A retail space containing approximately 6,000 square feet located within the Peabody Place Retail Entertainment Center and further municipally described as Memphis, Shelby County, Tennessee. TO HAVE AND TO HOLD the above demised premises unto the Tenant for the period of ten (10) years, commencing on the first day of _____ and ending on the last day of the previous month ten years thereafter. Provided that Tenant is not in default under the Lease beyond any applicable notice and cure period and has not ceased operating for business in the Premises in accordance with Part 7 of the Lease, subject, however, to Tenant's right to go dark pursuant to Part 4 of the Lease, for a period in excess of thirty (30) days. Tenant shall have the exclusive right to occupy and operate a business within the Shopping Center (including, without limitation, the Common Areas of the Shopping Center) for the installation and operation of automobile racing car ride simulators (including motion-based simulators) and, so long as Tenant retains the right to use the NASCAR name and uses at least 500 square feet of its sales floor area for the sale of the merchandise hereinafter described, for the City sale of Reading’s City Wide Fleet VehiclesNASCAR-branded merchandise and other merchandise related to NASCAR (including, without limitation, NASCAR videos, pictures, CD-Roms, DVD's and other media and other such audio/visual items featuring NASCAR racing) and for the sale of NASCAR Silicon Motor Speedway-branded merchandise and Silicon Motor Speedway-branded merchandise ("Tenant's Exclusive Use"). This would be on an Notwithstanding the foregoing, other tenants in the Shopping Center may sell NASCAR-branded merchandise and other merchandise related to NASCAR, other than apparel, so long as and/or needed basis, at the fees submitted, from September, 2019, such use is incidental to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The such tenants' primary use of this Vendor may their respective premises. For purposes hereof, an "incidental" use shall mean that not more than one hundred (100) square feet within such tenant's sales area shall be extended for 2 additional 1 year terms at devoted to the City sale of Reading’s discretion. The Vendor agrees to furnish only such merchandise comprising the "incidental" use. It is agreed and understood that if the Tenant shall make certain improvements to the demised premises, Tenant shall, in making such improvements, act solely for its own benefit and not as an agent of Landlord and that Landlord's interest in the demised premises the building of which the demised premises are a part, and the overall development of which the demised premises are a part, shall have fully met not be subject to any mechanical, furnishers or materialmen's liens. Landlord does not consent to any contract for labor or materials within the specifications herein containedcontext of Section 66-10-000 xx seq., Tennessee Code Annotated out of which any such liens might arise. No contract for labor or material will be contracted for by Tenant except with the express stipulation that any lien arising therefrom shall not attach to Landlord's fee interest, but only is Tenant's leasehold interest in the demised premises, building, or hereto attached and made in the overall development of which the demised premises is a part hereofpart. In the event the Vendor Tenant shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify defend and save harmless Landlord from any and all loss, cost or expense, including attorneys' fees, based on or arising out of asserted claims or liens against the City from all suits leasehold estate or actions against the right, title and interest of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons Landlord in the performance demised premises or under the terms of the Lease. Tenant shall discharge by payment or furnish to Landlord a satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the demised premises by, through or under Tenant within thirty (30) days after the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much filing of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedsame.

Appears in 2 contracts

Samples: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

WITNESSETH. That Landlord hereby demises and leases unto Tenant and Tenant hereby hires and takes from Landlord, upon and subject to the parties to these presents each covenants and agreements set forth in consideration that certain Lease dated 27 of August, 1998, (the agreements on the "Lease"), made between Landlord and Tenant, certain premises (Demised Premises) comprising part of the other herein containedcommercial real property known as Congress Corporate Plaza II, have agreed, and hereby do agree, located upon the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City tract of Reading, Pennsylvania, land described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Exhibit A attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, and consisting of the parcel of land, together with the building(s) erected thereon. In Landlord and Tenant desire to record this Memorandum of Lease for the event purpose of placing the Vendor shall fail public on notice of inquiry as to complythe specific provisions, terms, covenants and conditions of the Lease, all of which are incorporated herein by reference with the same force and effect as if herein set forth in any respect, with said specifications or this contractfull. Specifically, the City may terminate this contract by giving Lease contains, among others, the Vendor written noticefollowing covenants and agreements between the parties: Neither Tenant nor anyone claiming by, through or under Tenant, including, without limitation, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place mechanic's, materialmen's or other liens of any kind whatsoever upon the demised premises or upon the tract of land described on Exhibit A, or any portion thereof; on the contrary, any such liens are specifically prohibited and shall be null and void and of no further force or effect. Upon Notice is hereby given pursuant to Section 713.10, Florida Statutes, that the said merchandise Lease contains the following provision: "Tenant has no power to subject Landlord's interest in the demised premises to any claim or lien of any kind or character and any persons dealing with Tenant must look solely to the credit of the Tenant for payment." This Memorandum of Lease is being duly tested recorded in lieu of recording the Lease itself for the purpose of placing the public on notice or inquiry as to the specific provisions, terms, covenants and accepted by conditions thereof, and nothing herein contained is intended to or does change modify or affect any of the proper City employees as meeting terms or provisions of the Lease or the rights, duties, obligations, easements and covenants running with the specifications land created hereby, all of which remain in full force and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedeffect.

Appears in 2 contracts

Samples: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)

WITNESSETH. That Landlord hereby leases to Tenant and Tenant hereby hires and takes from Landlord those certain premises (the parties "Premises") outlined in red on Exhibit "A", attached hereto and incorporated herein by this reference thereto more particularly described as follows: Subject to these presents each Paragraph 54, for the period beginning on May 1,1999 through November 30, 2000, Premises shall mean the second floor and related Common Area on the first floor (for a total square footage of 25, 884+ square feet) of that certain 48,384 +/- square foot, two-story building located at 2400 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 xx shown in consideration Red on Exhibit B attached hereto (the "Initial Leased Premises"); beginning December 1, 2000 through April 30, 2001, the Premises shall be increased to approximately 36,000+ square feet; and beginning May 1, 2001, Premises shall mean one hundred percent of the agreements Building, with the total additional 22,500+/- square feet (the "Must Take Space") shown in Blue on Exhibit B attached hereto. Said Premises is more particularly shown within the area outlined in Red and Blue on Exhibit A attached hereto. The entire parcel, of which the Premises is a part, is shown within the area outlined in Green on Exhibit A attached. The Initial Leased Premises shall be improved by Landlord as shown on Exhibit B, and is leased in the configuration as shown in Red on Exhibit B attached hereto. The Must Take Space shall be improved pursuant to Lease Paragraph 54. As used herein the Complex shall mean and include all of the land outlined in Green and described in Exhibit "A", attached hereto, and all of the buildings, common area private roads within the Complex, improvements, fixtures and equipment now or hereafter situated on said land. Said letting and hiring is upon and subject to the terms, covenants and conditions hereinafter set forth and Tenant covenants as a material part of the other herein containedconsideration for this Lease to perform and observe each and all of said terms, have agreed, covenants and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehiclesconditions. This would be on an as and/or needed basis, at Lease is made upon the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because conditions of such retention until all such suits or claims shall have been settled performance and satisfactory evidence to that effect furnishedobservance.

Appears in 2 contracts

Samples: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)

WITNESSETH. That the parties to these presents each The Lessor, in consideration of the agreements on the part of the other herein contained, have agreed, rents and hereby do agree, the City for itself, its successors and assigns, royalties to be paid and the Vendor conditions to be observed as hereinafter set forth does hereby grant and lease to the Lessee, for itselfthe purpose of mining and disposing of coal and constructing all such works, himself or themselvesbuildings, its successorsplants, or his or their executors structures and administratorsappliances as may be necessary and convenient to produce, save, care for, dispose of and remove said coal, all the lands herein described as follows: The Vendor covenantsDate this renewal Lease takes effect: December 20, promises and agrees 2005 Name of Lessee: Spring Creek Coal Company 000 Xxxxx Xxxxxxxx Xxx Caller Box 3009 Gillete, Wyoming 82717 Land located in Big Horn County Description of land: Township 8 South, Range 39 East Section 36: All Total Number of Acres: 640.00, more or less, belonging to and Common School grant. Annual rental, payable in advance: $3.00/acre. Production Royalties: 12.5% Gross Sales f.o.b. at the mine, subject to the provisions of Paragraph 4 of this lease TO HAVE AND TO HOLD the said premises for a term often (10) years, together with the Cityright, provided Lessee has complied with all of the terms and conditions hereof, to lease said land for additional, successive ten-year terms. If Lessee shall elect to extend this Lease, Lessee shall so notify Lessor in writing at least ninety (90) days prior to the expiration of this renewal term, or any subsequent renewal term, as the case may be. Lessor expressly reserves the right to reasonably readjust and fix royalties and rentals payable hereunder and other terms and conditions of this Lease in the event Lessee exercises its right to renew. Unless Lessee files objections to the proposed terms or a relinquishment of the Lease within thirty (30) days after receipt of the notice of proposed terms for the consideration hereinafter mentioned and containedensuing renewal, Lessee shall be deemed to furnish as directed have agreed to the City of Readingsuch terms. IT IS MUTUALLY UNDERSTOOD, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.AGREED AND COVENANTED BY AND BETWEEN THE PARTIES TO THIS LEASE AS FOLLOWS:

Appears in 2 contracts

Samples: Cloud Peak Energy Inc., Cloud Peak Energy Inc.

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on the part of the other herein containedmutual terms, have agreedconditions, and covenants of this Agreement and the accompanying documents between Owner and Contractor and for and in consideration of payments as set forth therein, Contractor hereby do agreeagrees with the said Owner to commence and complete the following Project: 2020 CAPITAL METRO PAVING IMPROVEMENTS FOR THE CITY OF MANOR, TEXAS FOR ALL BASE BID AND ALTERNATE BID WORK and all extra work in connection therewith, under the City for itselfterms as stated in the Contract Documents and at CONTRACTOR’s own proper cost and expense to furnish all the materials, its successors and assignssupplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to construct and complete 2020 CAPITAL METRO PAVING IMPROVEMENTS (the Vendor for itself, himself “Project” or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania“Work”), in accordance with the bid Contractor's Proposal, Instructions to Bidders, Special Provisions, Supplementary Conditions, General Conditions, Performance bond, Payment bond, Drawings, Plans and Technical Specifications and other drawings and printed or written explanatory matter thereof, and the addenda therefore, as prepared by Xxx Engineering, a Division of GBA herein entitled the Vendor for ENGINEER, and approved by the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21OWNER, 2019, submitted to the City, attached hereto as Exhibit “A” and all of which are made a part hereof and collectively evidence and constitute the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond entire contract (the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit AContract Documents). The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor CONTRACTOR hereby agrees to furnish only such merchandise which shall have fully met commence work within ten (10) days after the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail date written notice to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims do so shall have been settled given to him, and satisfactory evidence to that effect furnishedsubstantially complete work within: Base Bid work – ONE HUNDRED AND TWENTY (120) calendar days for substantial completion of work. Base Bid and Alternate Bids ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ – ONE HUNDRED AND FIFTY (150) calendar days for substantial completion of work. after the date specified in the written Notice to Proceed. Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.

Appears in 2 contracts

Samples: Agreement, Agreement

WITNESSETH. That the parties to these presents each Contractor for and in consideration of the agreements on the part of the other herein containedcovenants, have agreedconditions, agreements, and hereby do stipulations of Owner hereinafter expressed, does agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and when authorized in accordance with the City, for the consideration hereinafter mentioned and containedthis Agreement, to furnish as directed to Owner all Work, materials, and any services incidental to the City provision of Readingthe Work, Pennsylvania, as specified and when authorized in accordance with this Agreement. Incorporated into this Agreement herewith, and attached hereto, are the bid following: Exhibit A – General Provisions; Exhibit B – Price Adjustment Factors; Exhibit C – Owner Tool Control Policy; and Exhibit D – Badge, Escort, and Entry Policy; herein referred to as the contract documents (“Contract Documents”), and any Service Work Orders subsequently authorized in accordance with this Agreement. The purpose of this Agreement is to provide job order contracting services to Owner. This Agreement commences upon the Effective Date and, unless otherwise extended as specified below, will expire after a period of four (4) years following the Effective Date (“Initial Term”), or upon the date of satisfaction of all obligations by both parties under any Service Work Orders authorized yet not completed within the Initial Term or any Subsequent Term, whichever event occurs last. Service Work Orders may be authorized only during the Initial Term and any authorized Subsequent Term(s). Owner shall have the option to extend this Agreement for three additional periods of two (2) years each (“Subsequent Term(s)”). Subsequent Term(s) shall be exercised by ninety (90) days prior written Notice given by Owner. AOC’S SIGNATURE “Owner” CONTRACTOR’S SIGNATURE “Contractor” Judicial Council of California, Administrative Office of the Vendor Courts CONTRACTOR’S NAME (if Contractor is not an individual person, state whether Contractor is a corporation, partnership, etc.) @ License # Exp Date: BY (Authorized Signature)  BY (Authorized Signature)  PRINTED NAME AND TITLE OF PERSON SIGNING Xxxxx Xxxxxx Senior Manager, Business Services PRINTED NAME AND TITLE OF PERSON SIGNING Contractor’s License Number: _@____________________________ (Contractor’s “B” License Number goes here ADDRESS 000 Xxxxxx Xxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000 ADDRESS Attn: @ Administrative Office of the Courts Use Only Fund Title Program/ Category Item Chapter Statute Fiscal Year Object of Expenditure Amount Amount Encumbered by this Document: Prior Amount Encumbered for this Contract: Total Amount Encumbered to Date: $0.00 $0.00 $0.00 I hereby certify upon my own personal knowledge that budgeted funds are available for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy period of the fee schedule is attached as Exhibit “A”expenditure stated above. The use of SIGNATURE OF ACCOUNTING OFFICER  DATE GENERAL PROVISIONS ABBREVIATIONS: References in this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretionAgreement are sometimes referred to only by corresponding abbreviation. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from Not all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions abbreviations are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedlisted.

Appears in 2 contracts

Samples: Courts Agreement, Courts Agreement

WITNESSETH. That the parties to these presents each for and in consideration of covenants hereinafter set out the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenantsCONTRACTOR contracts, promises and agrees to and with the CityCITY that WILDCAT CONSTRUCTION, will furnish all the material and labor necessary to perform the mechanical, electrical, plumbing, and add alternates and/or options as required by the specifications and work orders for the City of Wichita, for On-Call Contractor Services for Treatment Plant, Formal Proposal – FP210173, for the consideration hereinafter mentioned and containedPublic Works & Utilities Department, to furnish as directed to Engineering Division in the City of ReadingWichita, PennsylvaniaSedgwick County, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance Kansas. The proposal package, plans, specifications and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are addenda provided by the City of ReadingWichita as part of the proposal letting process for Formal Proposal – FP210173, dated July 14, 2021 and the contractor’s Division proposal, as approved, shall be considered a part of Fleet Managementthis contract and are incorporated by reference herein, Department of Public Works, for as approved by the City of Reading’s City Wide Fleet Vehicles. This would be Council on an as and/or needed basisSeptember 21, at 2021, which plans, specifications, addenda and proposals are on file in the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy office of the fee schedule is attached as Exhibit “A”. The use City Purchasing Manager of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedsaid CITY, or hereto attached and are hereby incorporated and made a part hereofof this contract to the same extent as if fully set out herein. In the event the Vendor shall fail to complyThe order of precedence, in any respectcase of disagreement in terms, with said specifications or shall give first priority to the express terms of this contract, followed by the Contractor’s proposal, and then the City’s proposal package. XXXXXXXXXX further agrees that the work under this contract shall be completed to the full satisfaction of the City Purchasing Manager of the City of Wichita on or before the specified completion date per project. Said work shall be done under the direct supervision of said Purchasing Manager, or such other person as the City Council may terminate direct, and that said Purchasing Manager's decision as to the material used in said improvement and the method in which the work is to be done shall be final and conclusive upon the parties hereto. Working days shall be as defined in the Standard Specifications of the City of Wichita. CONTRACTOR further agrees that at all times during the prosecution of said improvement WILDCAT CONSTRUCTION, will maintain the proper safeguards, barricades and lights on the work and every portion thereof to insure the highest degree of safety to the public, and that WILDCAT CONSTRUCTION, will hold the City of Wichita harmless in all suits for damages brought against either of the parties to this contract by giving on account of the Vendor written noticenegligent acts, omissions or default of said CONTRACTOR, their agents or servants in the prosecution of the work on said improvement. Upon XXXXXXXXXX further agrees to maintain said improvement for a period of one (1) year from date of the said merchandise being duly tested completion per project and accepted acceptance of same by the proper City employees of Wichita; this maintenance to be done and performed by said CONTRACTOR without any expense to the CITY whatsoever. CONTRACTOR is to furnish to the CITY any manufacturer’s warranty on materials as meeting with applicable. CONTRACTOR shall furnish the CITY a good and sufficient bond per project guaranteeing the completion of said improvement and every part thereof according to the specifications and conditionsthe bid of said CONTRACTOR and the terms of this contract; conditioned further, the City shall pay for the quantities thereof currently ordered and delivered, at maintenance of said improvements as herein before provided. CONTRACTOR shall furnish a bond per project to the end State of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons Kansas in the performance total amount of the work under project; conditioned upon the contract. The Vendor further agrees that payment of all material and labor bills incurred in case any such suits or actions are brought or threatened all or as much the making of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedsaid improvement.

Appears in 2 contracts

Samples: Contractor Services for Treatment Plant, Contractor Services for Treatment Plant

WITNESSETH. That Landlord hereby leases to Tenant and Tenant hereby hires from Landlord those certain premises known as the parties entire twenty-fifth (25th) floor, more particularly depicted by cross-hatching on Exhibit A (which is not necessarily to these presents each scale) annexed hereto and made part hereof (said premises are hereinafter referred to as the “demised premises” or the “premises”), in consideration the Building known as 0000 Xxxxxxxx (hereinafter referred to as the “Building”) in the County, City and State of New York for a term to commence on the date hereof (the “Commencement Date”) and to expire on the day preceding the ten (10) year, ten (10) month and two (2) week anniversary of the agreements on Commencement Date (the part “Expiration Date”) unless sooner terminated pursuant to any provision hereof or by law. If the Expiration Date shall not be the last day of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth Expiration Date shall be the exact quantities thereof delivered during said monthlast day of the calendar month in which occurs the day preceding the ten (10) year, ten (10) month and two (2) week anniversary of the Commencement Date. The Vendor agrees taking of occupancy or possession of the whole or any portion of the demised premises by Tenant shall be conclusive evidence that (a) Tenant accepts the same in “as is” condition as of the date of such possession or occupancy, subject to indemnify latent defects and save harmless (b) the City from all suits or actions demised premises and the building systems were in good and satisfactory condition as of every name and description brought against it for or on account of use of patented appliances or for such date, subject to latent defects. Landlord shall be required to perform only Landlord’s Work in the demised premises; provided, however, that Landlord shall have the right to make any damages or injuries received or sustained changes thereto which are required by any person governmental department or persons in bureau having jurisdiction over the performance demised premises. For all purposes of this lease the parties agree that the rentable square foot area of the work under the contract. The Vendor further agrees that in case demised premises shall be deemed to be 20,912 rentable square feet irrespective of any disparity between such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without figure and any liability of the City to the Vendor for interest thereon because actual measurement of such retention until all such suits or claims shall have been settled area. Landlord and satisfactory evidence to that effect furnished.Tenant further covenant and agree as follows:

Appears in 2 contracts

Samples: Agreement of Lease (On Deck Capital Inc), Agreement of Lease (On Deck Capital Inc)

WITNESSETH. That the parties to these presents each in In consideration of the agreements on the part of the other mutual covenants herein contained, have agreed, the BUILDER acknowledges that the Contract is a turn key contract for the construction and hereby do agree, sale of a drillship constructed and tested out to be fully ready to drill and fully functioning in accordance with and subject to the City for itself, its successors terms and assigns, conditions of this Contract and Specifications and the Vendor for itselfBUILDER agrees as described in the Specifications to design, himself or themselvesconstruct, its successorsbuild, or his or their executors launch, equip, test and administrators, complete One (1) Drillship composed of a hull part as follows: The Vendor covenants, promises described in the specification attached hereto as Exhibit "1" of this Contract (hereinafter referred to as the "VESSEL") and agrees topside part as described in the specification attached hereto as Exhibit "2" of this Contract (hereinafter referred to as "TOPSIDE") (the VESSEL and with TOPSIDE being hereinafter collectively referred to as the City, for the consideration hereinafter mentioned "DRILLSHIP") and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance Delivery and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Construction Schedule attached hereto as Exhibit “A” "3" (said Exhibits 1 through 3 (including all amendments, additions, deletions and variations incorporated into the Specifications for HN. 1674 up to the Effective Date of this Contract) being hereinafter collectively called the "Specifications") which Specifications have been initialed by representatives of the parties hereto for identification and which Specifications hereby are each incorporated herein by reference hereto and made a an integral part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisthis Contract, at the fees submittedBUILDER'S shipyard located in Geoje Island, from SeptemberKorea (hereinafter referred to as the "Shipyard") and to deliver and sell the same to the BUYER, 2019, and the BUYER hereby agrees to December 31, 2020, Department of Public Works, a copy purchase and accept delivery of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at DRILLSHIP from the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar monthBUILDER, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify terms and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedconditions hereinafter set forth.

Appears in 2 contracts

Samples: Contract (DryShips Inc.), Construction and Sale (DryShips Inc.)

WITNESSETH. That the parties to these presents each that in consideration of the rents, covenants and agreements hereinafter reserved on the part of the other herein contained, have agreed, and hereby do agreeTenant, the City for itself, its successors Landlord hereby demises and assigns, and leases to the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees Tenant the premises leased pursuant to the Original Lease subject to and with the City, for benefit of the consideration hereinafter mentioned Tenant's and contained, to furnish the Landlord's covenants and the provisos and conditions contained in the Original Lease; except as directed otherwise provided herein. YIELDING AND PAYING June 15,2000 to the City 14th day of ReadingJune, Pennsylvania2003 unto the Landlord, without any deduction, set-off or abatement whatsoever, in accordance lawful money of Canada, the sum of THlRTY- TWO THOUSAND, EIGHT HUNDRED AND THIRTY -EIGHT DOLLARS AND SEVENTY -FIVE CENTS ($32,83S.75) per annum, payable at par at Stouffville in equal monthly installments of TWO THOUSAND, SEVEN HUNDRED AND THIRTY -SIX DOLLARS AND FIFTY -SIX CENTS ($2,736.56) net, the first payment to made on the 15th day of June, 2000. The LANDLORD and TENANT hereby mutually covenant that they will perform and observe the several covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been repeated herein in full with such modifications only as are provided to make them applicable to this Renewal Lease, provided that if the bid term of years created by the Original Lease shall be determined by the Landlord pursuant to any right vested in the landlord by reason of the Vendor for Original Lease, this Renewal Lease shall not commence and the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy right of the fee schedule is attached as Exhibit “A”Tenant hereunder shall become void. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.[GRAPHIC OMITTED]

Appears in 2 contracts

Samples: Indenture (Ideal Accents Inc), Ideal Accents Inc

WITNESSETH. That that for and in consideration of Ten Dollars ($10.00) and the parties benefits which will accrue to these presents each the undersigned property owner from laying out, constructing, and otherwise improving a public road across Grantor's property, and in consideration of the agreements benefits which will accrue to the subject property from laying out, constructing and otherwise improving a public road across Grantor's property; and as an inducement to Grantee to do said work, Grantor(s) does (do) hereby agree to dedicate and dedicates (dedicate) to Grantee, and its duly constituted authorities, in FEE SIMPLE, all rights, title and interest which the Grantor(s) has (have) or may have in and to any portion of the property of the undersigned, included in or embraced within the limits of the right-of-way and appurtenances, spillways and embankments, described and more fully set forth in a plat thereof on file in the Xxxxx Creek Department of Community Development, reference to which is xxxxxx made for a more detailed description. The Grantor hereby deeds to the City of Xxxxx Creek sufficient land in FEE SIMPLE to establish right-of- way as indicated on the part plans on file in the Department of Community Development for LDP Number and on Exhibits “A” and “B”. Said land is in Land Lot(s) of the other herein containedDistrict of Xxxxxx County, have agreedGeorgia, and more particularly described as follows: To wit: Project Name: See Exhibits “A” and “B” attached hereto and made a part hereof Grantor(s) hereby do agree, releases (release) the City of Xxxxx Creek, its agents and officers from any and all liability for damages occasioned directly or indirectly by the work contemplated and provided for herein. Said Grantor hereby warrants that it has the right to sell and xxxxxx said right of way and binds itself, its successors and assigns forever to warrant and defend the right and title to the above-described right of way and easements unto the said City of Xxxxx Creek, its successors and assigns against the claims of all persons whomever by virtue of these presents. Said Grantor hereby waives for itself, its successors and assigns, and the Vendor for itself, himself assigns all rights to any further compensation or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees claim to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or damages on account of use the construction or maintenance of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or said roadway as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedherein agreed.

Appears in 2 contracts

Samples: www.johnscreekga.gov, www.johnscreekga.gov

WITNESSETH. That the parties Landlord hereby leases to these presents each in consideration Tenant, and Tenant hereby takes from Landlord 60 doors (consisting of doors number 1 through 60) of a 122 -door truck terminal facility and accompanying dock facilities comprising approximately 37,236 square feet, and that portion of the agreements land comprising the property commonly known as 0000 X. Xxxxxxxx Xxx., Xxxxxx , Xxxxxxxx, as delineated in yellow on Exhibit "A" (1 & 2) attached hereto, (the property leased by Tenant is referred to herein as the "Premises" or the "Leased Premises" . and T he entire property consisting of 15.3 acres which includes a building, the grounds surrounding the building, parking areas, driveways, access to said driveways and dock areas located at 0000 X. Xxxxxxxx Xxx., Xxxxxx , Xxxxxxxx is referred to herein as the "Entire Facility"). To have and to hold the same for the period beginning March 1, 2002 , or such later date after the construction of the Leased Premises is substantially complete (the "Commencement Date"), and ending February 28, 2017 (the "Initial Term" and along with any renewal or extension hereof the "Lease Term") upon the following terms, conditions, and covenants: 1. RENTAL RATES: A. Tenant agrees to pay Landlord without any prior demand therefore and without any deduction or set-off whatsoever, and at a Fixed Minimum Rent, as shown in Section B below, plus applicable lease tax, if any, in advance on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end first day of each calendar month. If the Commencement Date shall be a date other than the first day of a calendar month, upon an invoice being presented by then Tenant shall pay on the Vendor setting forth Commencement Date, a pro rata portion of the exact quantities thereof delivered during said monthly Fixed Minimum Rent, prorated on a per diem basis with respect to such fractional calendar month. The Vendor agrees First month's rent shall be paid immediately upon execution of this Lease. If possession is before the Commencement Date, rent will be paid on a pro-rata basis in advance. B. During the Lease Term the monthly "Fixed Minimum Rent" shall be as follows: Period From 03/01/02 to indemnify 02/28/03 in Monthly Installments of $8,400.00 From 03/01/03 to 02/29/04 in Monthly Installments of $8,700.00 From 03/01/04 to 02/28/05 in Monthly Installments of $9,000.00 From 03/01/05 to 02/28/06 in Monthly Installments of $9,300.00 From 03/01/06 to 02/28/07 in Monthly Installments of $9,600.00 From 03/01/07 to 02/29/08 in Monthly Installments of $9,900.00 From 03/01/08 to 02/28/09 in Monthly Installments of $10,200.00 From 03/01/09 to 02/28/10 in Monthly Installments of $10,560.00 From 03/01/10 to 02/28/11 in Monthly Installments of $10,960.00 From 03/01/11 to 02/29/12 in Monthly Installments of $11,280.00 From 03/01/12 to 02/28/13 in Monthly Installments of $11,640.00 From 03/01/13 to 02/28/14 in Monthly Installments of $12,000.00 From 03/01/14 to 02/28/15 in Monthly Installments of $12,360.00 From 03/01/15 to 02/29/16 in Monthly Installments of $12,780.00 From 03/01/16 to 02/28/17 in Monthly Installments of $13,200.00 Fixed Minimum Rent is an absolute amount and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance has been determined independently of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much square footage of the monies due it, him or them under this contract as Leased Premises. C. The term "Lease Year" shall or may be considered necessary by the City shall or may be retained without any liability mean each twelve (12) consecutive calendar month period of the City to Lease Term, however, the Vendor for interest thereon because first Lease Year shall commence on the Commencement Date , provided that if the Commencement Date shall be on any day other than the first of such retention until all such suits or claims the month the first Lease Year shall have been settled include said partial month and satisfactory evidence to that effect furnishedthe twelve (12) succeeding calendar months. 2.

Appears in 2 contracts

Samples: Warehouse Lease Land Lease Agreement, Land Lease Agreement (Ace Hardware Corp)

WITNESSETH. That the parties On or about 10/24/2005 Contractor entered into an agreement with prelen.ownnme , hereinafter referred to these presents each in consideration of the agreements on the part of the other herein containedas Owner, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, providing for the consideration hereinafter mentioned and contained, to furnish as directed to the City construction of Reading, Pennsylvania, Tenant Improvements in accordance with the bid plans and specifications prepared therefor ("Prime Contract"). Subcontractor acknowledges that he has reviewed and is familiar with said plans and specifications. IT IS AGREED AS FOLLOWS: Subcontractor agrees to furnish at its own cost and expense all equipment labor materials supplies and other things necessary to perform and complete in accordance with this Agreement the attached exhibits the Subcontract Documents (as defined in Sectio SEE ATTACHED EXHIBITS: EXHIBIT A: PLAN LIST EXHIBIT B: SCOPE OF WORK SUMMARY EXHIBIT C: DRAW REQUEST FORMS, TAXPAYER I.D. FORM, RELEASE FORMS EXHIBIT D: PROJECT SCHEDULE EXHIBIT E: INSURANCE REQUIREMENTS Subcontractor agrees that it will meet any project schedule as dictated by Contractor, even if inconsistent with the Project Schedule attached as Exhibit D. THE CONTRACT AMOUNT IS: $72,350.00 Payments shall be made on a monthly basis and shall be based on completion percentage with 10% retained; all such payments shall be made in accordance with Section 6 of the Vendor attached Terms And Conditions. If this Agreement is executed prior to execution of the Prime Contract by Owner and Contractor, it is done in contemplation of the execution of such Prime Contract. If Owner and Contractor fail to enter into a valid agreement within 90 days from the date of this Agreement, this Agreement shall be of no effect. The execution of this Agreement implies acceptance of all exhibits listed, general conditions, the attached safety program and all documents referred to in Section 2 of the Terms And Conditions. If Subcontractor fails to return an executed copy of this Agreement to Contractor within ten (10) days after execution by Contractor, Contractor may terminate any and all rights of Subcontractor to perform the work herein described by written notice sent by ordinary mail to the address of Subcontractor shown hereon; and Contractor shall have the right, at its option, to enter into an agreement with another subcontractor for the Request for Qualifications for Maintenance performance of said work, or any portions thereof, or to perform such work itself, without prejudice, however, to Contractor's right to recover any damages suffered by reason of Subcontractor's failure to execute this document. Subcontractor shall not perform any of the work until this Agreement has been executed by both parties. If Subcontractor should perform work prior to execution of this Agreement, such performance of work shall be without prejudice to Contractor's right to terminate further performance by reason of Subcontractor's failure to sign and Repairs for City Wide Fleet Vehicles dated August 21return this Agreement to Contractor within the time stated herein, 2019and this Agreement, as submitted to Subcontractor, shall govern the Cityparties' rights as to all work performed. CONTRACT#: 941 This Agreement is subject to the terms and conditions set forth in Sections 1 to 42, inclusive, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor If any sections are inserted herein subsequent to Section 42, such sections shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted be initialed by the proper City employees as meeting with the specifications parties and conditionsbecome a part of this Agreement. IF SUBCONTRACTOR IS A SOLE PROPRIETOR OR A PARTNERSHIP, the City shall pay for the quantities thereof currently ordered THIS AGREEMENT MUST BE SIGNED BY THE OWNER OR THE PARTNERS/MEMBERS OF THE FIRM. IF SUBCONTRACTOR IS A CORPORATION, THIS AGREEMENT MUST BE SIGNED ON BEHALF OF THE CORPORATION BY BOTH THE PRESIDENT AND THE SECRETARY OF THE CORPORATION. This entire Agreement is Accepted and deliveredApproved by: CONTRACTOR Nexus Construction Services, at the end of each calendar monthInc., upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due ita California corporation By: Xxx Xxxxxx Its: Vice President Date: ., him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.By: Date: Its:

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

WITNESSETH. That the parties Owner hereby leases to these presents each in consideration Tenant and Tenant hereby hires from Owner that portion of the agreements sixteenth (16th) floor as shown shaded on the part of the other herein containedExhibit "A", have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached annexed hereto as Exhibit “A” and made a part hereof (the following merchandise "demised premises) in the building known as per specifications: To provide both routine maintenance and repairs521 Xxxxx Xxxxxx (xxe "building") in the Borough of Manhattan, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public WorksNew York, for the City term of Reading’s City Wide Fleet Vehicles. This would TWO (2) YEARS AND THREE (3) MONTHS (or until such term shall sooner cease and expire as hereinafter provided) to commence on the 1st day of May, nineteen hundred and ninety-five, and to end on the 31st day of July, nineteen hundred and ninety-seven, both dates inclusive, at an annual rental rate of ONE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED SEVENTY-THREE AND 80/100 ($166,273.80) DOLLARS per annum, commencing on the Commencement Date, which Tenant agrees to pay in lawful money of the United States which shall be on an as and/or needed basislegal tender in payment of all debts and dues, public and private, at the fees submittedtime of payment, from Septemberin equal monthly installments in advance on the first day of each month during said term, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City office of Reading’s discretion. The Vendor agrees to furnish only Owner or such merchandise which other place as Owner may designate, without any set off or deduction whatsoever, except that Tenant shall have fully met pay the specifications herein contained, or hereto attached and made first __________ monthly installment(s) on the execution hereof (unless this lease be a part hereofrenewal). In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and deliveredthat, at the end commencement of each calendar monththe term of this lease, upon an invoice being presented by or thereafter, Tenant shall be in default in the Vendor setting forth payment of rent to Owner pursuant to the exact quantities thereof delivered during said monthterms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's option and without notice to Tenant add the amount of such arrears to any monthly installment of rent payable hereunder and the same shall be payable to Owner as additional rent. The Vendor agrees to indemnify parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or assigns, hereby covenant as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.follows: 2 Rent Occupancy:

Appears in 2 contracts

Samples: Agreement (Edison Schools Inc), Agreement (Edison Schools Inc)

WITNESSETH. That THAT WHEREAS, the supplying party is now the owner of property known as , located in the County of Clallam, State of Washington, which property is more fully described as follows, to wit: and WHEREAS, the supplied party is the owner of , located in the County of Clallam, State of Washington, which property is more fully described as follows, to wit: and WHEREAS, the undersigned parties deem it necessary to these presents each in consideration of provide a well system to service the agreements on the part of the other herein contained, have agreedparcels described herein, and hereby do agree, an Agreement has been reached relative to supplying water from the City for itself, its successors and assigns, well and the Vendor for itselfcost of supplying said water; and WHEREAS, himself or themselvesthere is located a well upon , its successorstogether with water distribution facilities, or his or their executors and administrators, hereinafter referred to as follows: The Vendor covenants, promises and agrees to and with the City"water distribution system", for the consideration hereinafter mentioned and contained, purpose of supplying water to furnish as directed all properties connected to the City of Readingsaid water distribution system; and WHEREAS, Pennsylvania, in accordance with it is the bid intention and purpose of the Vendor undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Worksproperties connected thereto, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy domestic consumption of the fee schedule is attached as Exhibit “A”. The use occupants of this Vendor may be extended said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water distribution system for 2 additional 1 year terms at the City benefit of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedpresent and future owners, or hereto attached their heirs, successors and made a part hereof. In assigns of the event the Vendor shall fail to comply, in any respect, with said specifications or this contractproperties connected thereto; and WHEREAS, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted well is deemed by the proper City employees as meeting parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the specifications well for all domestic uses of a single family residing therein; and conditionsWHEREAS, the City shall pay water from the well has undergone a water quality analysis from an accredited lab and has been determined by the authority to supply safe and potable water; and WHEREAS, the parties hereto desire to enter this Agreement for the quantities thereof currently ordered purpose of reducing to writing their respective rights and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during obligations pertaining to said month. The Vendor agrees to indemnify well and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedwater distribution system.

Appears in 2 contracts

Samples: www.clallam.net, www.clallam.net

WITNESSETH. That Landlord hereby leases to Tenant and Tenant hereby hires and takes from Landlord those certain premises (the parties to these presents each in consideration of the agreements "Premises") as so identified on the part of the other Exhibit A, attached hereto and incorporated herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, by this reference thereto more particularly described as follows: The Vendor covenants, promises and agrees All of that certain building (hereinafter sometimes referred to and with as the City, for the consideration hereinafter mentioned and contained, "Building" or "Building One") to furnish as directed to the City of Reading, Pennsylvania, be constructed in accordance with the bid Construction Agreement between Landlord and Tenant dated as of September 1, 1997 (the "Construction Agreement") and the land exclusively associated with Building One as so identified on Exhibit A to be located at Amphitheatre Parkway and Charleston Road, Mountain View, Xxxxxxxxxx, 00000. Xxx xxxxxx xxxxxx xxxxxxxxxxxx xxxxxx xx xxxx (xxx "Parcel"), of which the Premises is a part, is so identified on Exhibit A. The on and off-site improvements, building shell and interior improvements shall be constructed by Tenant in accordance with the shell specifications, site improvement specifications, and interior improvement specifications as are now or hereafter set forth in, attached to, or approved in accordance with the terms of the Vendor Construction Agreement. Upon completion of the "Shell Improvements" associated with the Premises (as defined in the Construction Agreement), the Architect for the Request for Qualifications for Maintenance Shell Improvements shall measure said Building in accordance with the applicable provisions of the Construction Agreement and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted the square footage shall be shown on the lease commencement letter in the general form of Exhibit D to be executed by the parties hereto on or prior to the CityCommencement Date of this Lease (the "Lease Commencement Letter"). Upon construction of the "Interior Improvements" of the Premises (as defined in the Construction Agreement), a plan reflecting the configuration of the same shall be attached hereto as Exhibit “A” B hereto and made a part hereof incorporated herein by this reference. It is understood that the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond formal address for the routine maintenance and repairs that are provided Building will be assigned by the City of Reading’s Division Mountain View (the "City") some time after issuance of Fleet Management, Department of Public Works, a building permit for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”Building. The use of this Vendor may be extended address for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted Building as so assigned by the proper City employees as meeting with the specifications and conditionsCity, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons be reflected in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedLease Commencement Letter.

Appears in 2 contracts

Samples: Lease Agreement (Alza Corp), Alza Corporation Lease Agreement (Alza Corp)

WITNESSETH. That the parties to these presents each Lessor, for and in consideration of the agreements rent and other valuable consideration hereinafter described, does hereby demise and lease unto the Lessee the premises identified as Aspray Boathouse Building located on Warwick Tax Assessor’s Plat 292, Assessor’s Lot 366. TO HAVE AND TO HOLD the demised premises for a period of ten (10) years, from the 9th day of July, 2023 unless sooner terminated as provided further herein, yielding and paying therefore, during said term an annual rental in the sum of One Dollar ($1) due and payable annually on the day of the new lease year. This lease shall terminate upon notice by either party of the intent to terminate and such notice to terminate shall be given six (6) months prior to the intended date of termination. Termination of the lease shall also occur if, at sometime, the Gaspee Day Committee ceases to operate as a viable nonprofit agency. Such determination shall be made in the sole, good faith, discretion of the Lessor. If it is determined that the Gaspee Day Committee is no longer a viable organization, vacancy of the premises shall be accomplished within sixty (60) days of such determination. Lessor shall send notice by registered mail to the Lessee at the demised premises of its determination that the Gaspee Day Committee has ceased to operate as a viable organization and if Gaspee Day Committee does not respond to said notice in writing to be received by the Warwick City Finance Department within ten (10) days, then it shall be conclusively determined that Gaspee Day Committee has ceased to operate as a viable organization and the Lessor shall have the absolute right to terminate this lease and re-enter the demised premises. It is further understood and agreed that the leased premises shall be used as a multi-purpose community center that will serve the Pawtuxet community and vicinity, may be used as a storage area for the Warwick Parks and Recreation Department and as a polling place. No other activity not sanctioned by The Gaspee Day Committee or the City shall be permitted without further written agreement of the Lessor. The Lessee shall not improve, alter or renovate the demised premises in any manner without first obtaining the expressed written consent of the Lessor. Any improvements to the exterior structure shall be reviewed and approved by the Warwick Historic District Commission. The Lessee agrees to maintain buildings, equipment and other contents in good condition and any equipment and other contents which have, in the judgment of the Lessee, become obsolete shall be removed from the premises and discarded or conveyed to the Lessor, at the Lessor’s option. The Lessor agrees to maintain the grounds including snow removal from the parking lot, driveway, walkways and entrances. The Lessee shall be afforded the landward side of the structure for secure storage of materials related to the Gaspee Days celebration. The Lessee shall develop a master schedule for the facility with the Warwick Parks and Recreation Department at the start of each calendar year. The Lessor reserves the right to override any previously scheduled activity in the event of an emergency. The Lessee agrees to save the Lessor harmless from liability for any injury or damage to either person or property arising out of Xxxxxx’s use of the demised premises. Further, the Lessee agrees to carry liability insurance to the satisfaction of the Lessor, naming the Lessor as an additional insured, and Lessee shall furnish to the Lessor annually with a certificate from the insurance company that said insurance is in full force and effect. Any and all improvements which are an integral part of the building shall become the property of the Lessors upon termination of this lease. Should the property be damaged by fire or other herein containedunavoidable casualty so as not to be usable, have agreedor should the property be taken by eminent domain or otherwise taken or seized under law by public authority or if Lessee should cease to exist as a corporate body or vacate the leased premises, and hereby do agree, the City for itself, its successors and assigns, this lease will terminate and the Vendor for itself, himself or themselves, its successors, or his or their executors obligations of the parties hereto cease and administrators, as follows: The Vendor covenants, promises and terminate. Xxxxxx agrees to pay the Lessor out of any insurance proceeds recovered that part attributable to the building and with such contents as may be the Cityproperty of the Lessors as of the date of the lease had been scheduled to terminate. City of Warwick Xxxxx Xxxxxxx, for the consideration hereinafter mentioned and containedMayor STATE OF RHODE ISLAND COUNTY OF KENT In Warwick on June 20, to furnish as directed to 2023, before me personally appeared Xxxxx Xxxxxxx, Mayor of the City of ReadingWarwick, Pennsylvaniato me known by me to be the person executing the foregoing instrument for and on behalf of said City of Warwick, in accordance with who did sign his name hereto by authority of said City of Warwick and acknowledged the bid said lease as the free act and deed of said City of Warwick. Notary Public Gaspee Day Committee, Inc. President STATE OF RHODE ISLAND COUNTY OF KENT In Warwick on June 20, 2023, before me personally appeared , of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21Gaspee Day Committee, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019Inc., to December 31me known by me to be the person executing the foregoing instrument for and on behalf of said Gaspee Day Committee, 2020Inc., Department who did sign his name hereto by authority of Public Workssaid Gaspee Day Committee, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedInc., or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon acknowledged the said merchandise being duly tested lease as the free act and accepted by the proper City employees as meeting with the specifications and conditionsdeed of said Gaspee Day Committee, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Inc. Notary Public

Appears in 1 contract

Samples: Aspray Boathouse Indenture of Lease

WITNESSETH. That IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER Whereas the parties to these presents each in consideration “LEESSOR” is the Absolute owner of the agreements schedule property, & whereas the “LESSEE” has approached the “LESSOR” to let out the schedule property on rent basis and the “LESSOR” has agreed to do so on the part following terms and conditions: - The “LESSOR” has agreed to let out the premises on monthly rental basis and the “LESSEE” has agreed to take on monthly rent basis of the other herein containedpremises bearing _______ADDRESS_______ more particularly described on the schedule hereunder. Security Deposit of Rs. ______ (in words) which will not carry any interest, have agreedwhich is refundable at the time of vacating & handing over the vacant possession of schedule property, after deducting any dues of rent; electricity & water charges and hereby do agreedamages if any. The monthly rent is Rs.____ (in words) including fixtures and excluding electricity and water charges. The fixtures are 2 wardrobes with door, 2 shelves; showcase with glass; 3 ceiling fans; 4 tube lights; 8 ordinary bulbs and geyser points The tenancy month shall be English calendar month. The monthly rent of Rs.____ (Four thousand and three hundred only) shall be payable to the “LESSOR” on or before 5th of each month. The duration of Lease / Rental agreement shall be for a period of 11 (Eleven) months, with an option by the “LESSOR” to renew the same for a like period on fresh agreement, subject to increase in rents by 5% per month. The “LESSEE” covenants with the “LESSOR” that after the period of Lease / Rental or on termination of lease / rent, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City “LESSEE” shall surrender vacant possession of Reading, Pennsylvania, in accordance with the bid schedule premises of the Vendor for “LESSOR” on the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21same condition in which it was let out, 2019, submitted subject to reasonable wear & tear & the City, attached hereto as Exhibit ALESSORand made will have a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City right of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. re-entry In the event of termination of lease / rental agreement before the Vendor lease period (i.e. 11 months) by the “LESSEE”, he should intimate the “LESSOR” in writing 45 days in advance to arrange for the refund of security deposit by the “LESSOR” If the “LESSOR” intents to terminate the lease/ rental agreement after the lease period, she should do so by giving 45 days advance notice to the “LESSEE” in writing. The “LESSEE” shall fail to complykeep the schedule property, in good (and tenantable condition and allow the “LESSOR” or her authorized representative to inspect the schedule property at all reasonable times. The “LESSEE” shall not sub-let or otherwise assign, transfer his interest to any respectthird party / parties without the written permission of the “LESSOR” The “LESSEE” shall not alter or otherwise make any addition to the schedule premise without the written consent of the “LESSOR” The “LESSEE” shall not use the schedule premises for any other purpose, with said specifications or this contractother than the one for which it is let out. i.e. for residential purpose only consisting of 3+2 members. The “LESSEE” shall be liable to the evicted from the schedule premises, if the City may terminate this contract by giving “LESSEE” commits default in payments of rents for a consecutive period of two months without reference to the Vendor written noticeperiod stipulated above. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City The “LESSEE” shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City electricity consumption charges to the Vendor for interest thereon because Electricity Department regularly every month & keep the service intact. Electricity METER NO __________ The “LESSEE” shall pay the water consumption charges to Municipal Water and Sewage Department regularly every month on equal share basis & keep the services intact. Water Meter No _____________ The “LESSOR” on the “LESSEE” performing the terms and conditions referred to above, allow the “LESSEE” a quiet and peaceful possession on the schedule property. SCHEDULE The schedule premises bearing ADDRESS consisting of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.2 bed roods, main hall; sit out; kitchen; bath room & toilet measuring AREA bounded on: - EAST: Property No. WEST: Property No. NORTH: Property No. SOUTH: Property No. Witnesses 1. (LESSOR)

Appears in 1 contract

Samples: Lease / Rental Agreement

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and said Contractor agrees to and with the said City, for the consideration hereinafter mentioned herein mentioned, and containedat his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment and labor necessary to carry out this agreement in the manner and to the full extent as directed set forth in the notice to bidders, specifications, general and special provisions, proposal, plans and drawings, and all documents referred to, and under security as set forth in the attached contract bond, which are hereby adopted and made part of this agreement as completely as if incorporated herein, and to the satisfaction of the City of ReadingRichmond, Pennsylvaniawho shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this agreement. It is agreed that the work to be done under this contract for the 00xx Xxxxxx Xxxxxx Xxxxx Renovations will consist of but is not limited to, site fencing/protection staging, site building and hardscape demolition, hauling, site concrete, historic cobblestone streetscape restoration (set in mortar), brick sidewalk installations, granite paver installations, site amenities, utility work, light pole installation, tree installation and tree root system installation. Contractor to perform the Work in accordance with the bid terms of IFB No. J160025904R, and all addenda, notice to bidders, specifications, general and special provisions and conditions, proposal, plans and drawings and all documents referred to explicitly included and made part of this contract by reference. Total Contract Amount: Two Million, Six Hundred, Forty-Six Thousand, One Hundred Dollars ($2,646,100.00) Performance Time: 220 consecutive calendar days in accordance with Item No. 11 of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet VehiclesBid Form. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy In consideration of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contractforegoing premises, the City may terminate this contract agrees to pay to the Contractor for all items of work performed and materials furnished at the prices and under the conditions set forth in accompanying proposal. In addition, all payments to MBE subcontractors must be verified by giving the Vendor written notice. Upon the said merchandise being duly tested indicating date and accepted amount of payment and accompanied by the proper City employees as meeting with the specifications and conditionsAffidavit of Claims. APPROVED: Southwood Building Systems, the City shall pay for the quantities thereof currently ordered and delivered, at the end Inc. CITY OF RICHMOND NAME (Printed) _________________________________ (Signature) Director of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Procurement Services Date (Title) (Date) WITNESS: ATTEST: APPROVED AS TO FORM:

Appears in 1 contract

Samples: Contract

WITNESSETH. That the parties Landlord hereby leases to these presents each in consideration Tenant and Tenant hereby hires from Landlord that portion of the agreements 4th floor substantially as shown shaded on the part floor plan annexed hereto as Exhibit A (hereinafter called "premises," "demised premises" or "premises"), in the building known as 000 Xxxxxxx Xxxxxx, New York, New York (hereinafter called "building" or "Building"), for the term (hereinafter called "term" or "Term") to commence on the later of August 1, 1998 or the Substantial Completion Date (as defined hereinafter) (hereinafter called the "Commencement Date"), and to the end on the last day of the month in which the fifth (5th) year anniversary of the Commencement Date shall occur (hereinafter called the "Expiration Date"), or until such term shall sooner cease and expire as hereinafter provided, both dates inclusive, at an annual rental as more particularly set forth in Article 37 hereof (hereinafter called "rent" or "Fixed Rent"), together with all other herein containedsums of money as shall become due and payable by Tenant under this lease (hereinafter called "additional rent" or "Additional Rent" and together with Fixed Rent, have agreed"rent" or "Rent"), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and hereby do agreedues, public and private, at the City time of payment, in equal monthly installments in advance on the first day of each month during said term, at the office of Landlord or such other place as Landlord may designate, without any set off or deduction whatsoever, except that Tenant shall pay the first monthly installments(s) on the execution hereof (unless this lease be a renewal). In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the payment of rent to Landlord pursuant to the terms of another lease with Landlord or with Landlord's predecessor in interest, Landlord may at Landlord's option and without notice to Tenant add the amount of such arrearages to any monthly installment of rent payable hereunder and the same shall be payable to Landlord as additional rent. The parties hereto, for itselfthemselves, its their heirs, distributees, executors, administrators, legal representatives, successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, hereby covenant as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.:

Appears in 1 contract

Samples: Agreement of Lease (Wall Street Strategies Corp)

WITNESSETH. That THAT Assignor for good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, transfer and absolutely and unconditionally assigns to Assignee the parties entire lessor's interest in and to these presents each in consideration all current and future leases, and other agreements affecting the use, enjoyment, or occupancy of the agreements on the all or any part of the other herein containedland, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, more particularly described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached Exhibit A annexed --------- hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, together with the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located thereon (hereinafter collectively referred to as the "PROPERTY"). TOGETHER WITH all other leases and other agreements affecting the use, enjoyment or occupancy of any part of the Property now or hereafter made affecting the Property or any portion thereof, together with any extensions or renewals of the same, this Assignment of other present and future leases and present and future agreements being effective without further or supplemental assignment; The leases and other agreements described above together with all other present and future leases and present and future agreements and any extension or renewal of the same are hereinafter collectively referred to as the "LEASES"; TOGETHER WITH all accounts, deposits, rents, income, issues, revenues, receipts, insurance proceeds and profits arising from the Leases and renewals thereof and together with all rents, income, issues and profits (including, but not limited to, all oil and gas or other mineral royalties and bonuses) from the use, enjoyment and occupancy of the Property, or the sale, lease, sublease, license, concession or other grant of right to use or occupy any portion thereof, vending machine proceeds, and any compensation received for the rendering of services by Assignor (hereinafter collectively referred to as the "RENTS"). THIS ASSIGNMENT is made in consideration of (A) that certain loan made by Assignee to Assignor evidenced by that certain note made by Assignor to Assignee, dated the date hereof, in the principal sum of One Hundred Fifteen Thousand Two Hundred Seventy-Two Dollars and No/Cents ($115,272.00) (the "NOTE"), and (B) that certain loan made by Assignee to Xxxxxx Skilled Nursing Facility, LLC, a Delaware limited liability company ("BSNF"), evidenced by that certain note made by BSNF to Assignee, dated the date hereof, in the principal sum of Eight Hundred Seventy Thousand Dollars and No Cents ($870,000.00) (the "XXXXXX NOTE"), secured by (i) that certain deed of trust, security agreement, and fixture filing with assignment of rents and agreements given by Assignor to Assignee, dated the date hereof covering the Property and intended to be duly recorded (the "VALLEY LIVING SECURITY INSTRUMENT"), and (ii) that certain deed of trust, security agreement, and fixture filing with assignment of rents and agreements given by BSNF to Assignee, dated the date hereof, covering certain property described therein and intended to be duly recorded (the "XXXXXX SECURITY INSTRUMENT"). The Valley Living Security Instrument and the Xxxxxx Security Instrument are collectively referred to herein as the "SECURITY INSTRUMENT." The principal sum, interest and all other sums due and payable under the Note, the Xxxxxx Note and Security Instrument are hereinafter collectively referred to as the "DEBT". This Assignment, the Note, the Xxxxxx Note, the Security Instrument and any other documents now or hereafter executed by Assignor and/or others and by or in favor of Assignee which evidences, secures or guarantees all or any portion of the payments due under the Note or otherwise is executed and/or delivered in connection with the Note and the Security Instrument are hereinafter referred to as the "LOAN DOCUMENTS". ASSIGNOR WARRANTS that (A) Assignor is the sole owner of the entire lessor's interest in the Leases; (B) the Leases are valid, enforceable and in full force and effect and have not been altered, modified or amended in any manner whatsoever; (C) none of the Rents have been assigned or otherwise pledged or hypothecated; (D) none of the Rents have been collected for more than two (2) months in advance; (E) Assignor has full power and authority to execute and deliver this Assignment and the execution and delivery of this Assignment has been duly authorized and does not conflict with or constitute a default under any law, judicial order or other agreement affecting Assignor or the Property; (F) the premises demised under the Leases have been completed and the tenants under the Leases have accepted the same and have taken possession of the same on a rent-paying basis; and (G) there exist on offsets or defenses to the payment of any portion of the Rents. ASSIGNOR COVENANTS with Assignee that Assignor (A) shall observe and perform all the obligations imposed upon the lessor under the Leases and shall not do or permit to be done anything to impair the value of the Leases as security for the Debt; (B) shall promptly send copies to Assignee of all notices of default which Assignor shall send or receive thereunder; (C) shall enforce all of the terms, covenants and conditions contained in the Leases upon the part of the lessee thereunder to be observed and performed, short of termination thereof; (D) shall not collect any of the Rents more than one (1) month in advance; (E) shall not execute any other assignment of the lessor's interest in the Leases or the Rents; (F) shall deliver to Assignee, upon request, tenant estoppel certificates from each commercial tenant at the Property in form and substance reasonably satisfactory to Assignee, provided that Assignor shall not be required to deliver such certificates more frequently than two (2) times in any calendar year; and (G) shall execute and deliver at the request of Assignee all such further assurances, confirmations and assignments in connection with the Property as Assignee shall from time to time require. ASSIGNOR FURTHER COVENANTS with Assignee that Assignor shall not, without the prior consent of Assignee (i) enter into any Lease of all or any part of the Property in excess of 5% of gross leasable area rentable square feet (a "MAJOR LEASE"), (ii) cancel, terminate, abridge or otherwise modify the terms of any Major Lease, or accept a surrender thereof, (iii) consent to any transfer, assignment of or subletting under any Major Lease, (iv) cancel, terminate, abridge or otherwise modify any guaranty of any Major Lease or the terms thereof, (v) accept prepayments of installments of Rents for a period of more than one (1) month in advance or (vi) further assign the whole or any part of the Leases or the Rents. In addition to the foregoing, Assignor shall not, (i) lease all or any part of the Property, (ii) cancel, terminate, abridge or otherwise modify the terms of any Lease, or accept a surrender thereof, (iii) consent to any transfer, assignment of or subletting under any Lease not in accordance with its terms or (iv) cancel, terminate, abridge or otherwise modify any guaranty of any Lease or the terms thereof unless such actions are exercised for a commercially reasonable purpose in an arms-length transaction on market rate terms. ASSIGNOR FURTHER COVENANTS with Assignee that (A) all Leases shall provide that the tenant agrees to attorn to Assignee; (B) none of the Leases shall contain any option to purchase, any right of first refusal to lease or purchase, or any right to terminate the lease term (except in the event of the Vendor destruction of all or substantially all of the Property); (C) Leases executed after the date hereof shall fail to complynot contain any provisions which adversely affect the Property or which might adversely affect the rights of the Assignee, and (D) each tenant shall conduct business only in any respect, with said specifications or this contract, that portion of the City may terminate this contract Property covered by giving the Vendor written noticeits lease. Upon request, Assignor shall furnish Assignee with executed copies of all Leases. THIS ASSIGNMENT is made on the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications following terms, covenants and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.:

Appears in 1 contract

Samples: G&l Realty Corp

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and DDTN agrees to and with pay the CityAGENT fees, for the consideration hereinafter mentioned and contained, hereby referred to furnish as directed to the City of Reading, Pennsylvaniacommissions, in accordance with the bid schedule and terms of this AGREEMENT and in the manner stated herein for premiums paid in cash to DDTN under group Agreement # issued to . The commissions stated herein and subject to the terms and ocnditions of this AGREEMENT shall be paid to the AGENT provided the AGENT: (1) is a Tennessee licensed agent appointed by DDTN; (2) continues to be designated by the above named group as the AGENT for such group; and, (3) performs services relating to the above named group in a manner satisfactory to DDTN. Commissions shall be paid by DDTN to the AGENT within 45 days of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided date premiums arepaid by the City of Reading’s Division of Fleet Managementgroup to DDTN. If a rate adjustment is made for a group at renew al, Department of Public Works, for any corresponding adjustment in the City of Reading’s City Wide Fleet Vehicles. This would AGENT's commission shall be on an as and/or needed basis, made at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy beginning of the fee schedule renewal period. AGENT is attached as Exhibit “A”. The use not authorized to receive any monies due DDTN unless written authorization to do so, signed by an Officer of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees DDTN, is delivered to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereofAGENT. In the event the Vendor any funds due DDTN are received by AGENT, they shall fail be deposited by AGENT in a separate trust account and remi tted in full to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written noticeDDT N within five working days after receipt. Upon the said merchandise being duly tested and accepted by the proper City employees Any funds not remitted as meeting with the specifications and conditions, the City herein provided shall pay for the quantities thereof currently ordered and delivered, bear interest at the end rate of each calendar month8% per annum. In theevent suit is brought to collect monies due hereunder, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees DDTN shall be entitled to indemnify and save harmless the City from collect all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies funds due it, him its cost of suit, and a reasonable attorney's fee. Any indebtedness of AGENT to DDTN shall be first lien against any commissions due said AGENT or them his representative or assigns under this contract as AGREEMENT, or any other agreement between AGENT and DDTN, and such commissions shall be applied to liquidate such indebtedness. No assignment, transfer, or disposal of anyinterest that AGENT may have on account ofthis AGREEMENT shall be considered necessary made at any time without written approval of DDTN. DDTN may, at its option, be responsible for enrolling and servicing the groupand AGENT hereby agrees to abide by the City shall or may elected option of DDTN; but in either event, AGENT agrees to render satisfactory services as directed by DDTN. DDTN has determined the commission rate should be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedbased on estimated annual premium.

Appears in 1 contract

Samples: Agent Fee Agreement

WITNESSETH. That Landlord hereby demises and leases unto Tenant and Tenant hereby hires and takes from Landlord, upon and subject to the parties to these presents each covenants and agreements set forth in consideration of that certain Lease dated August 22, 1996, (the agreements on the "Lease"), made between Landlord and Tenant, certain premises ("Demised Premises") comprising part of the other herein containedcommercial real property known as Quorum Business Center Buildings 2-6, have agreed, and hereby do agree, located upon the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City tract of Reading, Pennsylvania, land described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Exhibit A attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, and consisting of the parcel of land, together with the building(s) erected thereon. In Landlord and Tenant desire to record this Memorandum of Lease for the event purpose of placing the Vendor shall fail public on notice of inquiry as to complythe specific provisions, terms, covenants and conditions of the Lease, all of which are incorporated herein by reference with the same force and effect as if herein set forth in any respect, with said specifications or this contractfull. Specifically, the City may terminate this contract by giving Lease contains, among others, the Vendor written notice. Upon following covenants and agreements between the said merchandise parties: "Neither Tenant nor anyone claiming by, through or under Tenant, including, without limitation, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place mechanic's, materialmen's or other liens of any kine whatsoever upon the demised premises or upon the tract of land described on Exhibit A, or any portion thereof; on the contrary, any such liens are specifically prohibited and shall be null and void and of no further force or effect." Notice is hereby given pursuant to Section 713.10, Florida Statutes, that the Lease contains the following provision: "Tenant has no power to subject Landlord's interest in the demised premises to any claim of lien of any kind or character and any persons dealing with Tenant must look solely to the credit of the Tenant for payment." This Memorandum of Lease is being duly tested recorded in lieu of recording the Lease itself for the purpose of placing the public on notice or inquiry as to the specific provisions, terms, covenants and accepted by conditions thereof, and nothing herein contained is intended to or does change, modify or affect any of the proper City employees as meeting terms or provisions of the Lease or the rights, duties, obligations, easements and covenants running with the specifications land created hereby, all of which remain in full force and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedeffect.

Appears in 1 contract

Samples: Lease Agreement (Peregrine Industries Inc)

WITNESSETH. That that the parties Town of Hadley and Action Ambulance Service, Inc. for good and valuable consideration to these presents each in consideration of the agreements on the part of the other herein containedparty, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, agree as follows: SCOPE/PURPOSE/SERVICE/EFFECTIVE DATE The Vendor covenantsContractor shall, promises perform the duties as outlined in this agreement and agrees attached RFP (See Exhibit A-Town of Hadley Ambulance Service-Request for Proposals). To furnish all labor, materials and equipment so as to supply first line emergency ambulance and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed back-up ambulance service to the City Town of ReadingHadley (hereinafter also referred to as "services" to the Town of Hadley commencing July l, Pennsylvania2020 and ending on June 30, 2022. The Town also has the right to renew this agreement for two (2) additional one (l) year options. Said emergency ambulance service shall be Advanced Life Support ("ALS") service as a standard first line response and said vehicle shall be dedicated to the Town of Hadley. The services shall be provided in accordance with the bid provisions of this Agreement and the requirements of federal, state and local laws, bylaws, and regulations. During the term of this Agreement, the Contractor shall operate an ambulance service licensed by the Office of Emergency Medical Services of the Vendor Massachusetts Department of Public Health and shall provide Advanced Life Support. The Town shall be immediately notified of any suspension, revocation or denial of licensure, and any events or circumstances that will prevent the ambulance service from providing the agreed upon ambulance services. Staffing of the primary dedicated vehicle shall at a minimum be one (1) Emergency Medical Technician Paramedic Level, certified by, and subject to regulations of the Department of Public Health, Office of Emergency Medical Services and one (1) Emergency Medical Technician Basic Level for the Request for Qualifications for Maintenance all shifts. The Contractor shall provide documentation of all qualifications and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, licenses as well as current XXXX certification. The Contractor shall be required to provide ALS ambulance service to all individuals within the bounds of the Town of Hadley who are in need of such service and said contractor shall include the transport of emergency repairs that are above patients to licensed hospitals or other established sites of appropriate medical care. The contractor shall provide all the services and beyond specifications provided for in the routine maintenance contract and repairs that are shall not employ sub-contractors or assign or transfer this contract without the written consent of the Select Board of the Town of Hadley. The Contractor shall comply with Massachusetts Regulations as to the transport of patients: “No ambulance service or agent thereof shall refuse, in the case of critical illness or injury, to dispatch an available ambulance, to provide life support at the scene, or to transport a patient to an appropriate place of treatment within its regular operating area.” This requirement shall be strictly enforced and reviewed during the term of the contract with the Contractor. The one (1) dedicated Advanced Life Support vehicle provided by to the City of Reading’s Division of Fleet Management, Department of Public Works, Town under this Agreement shall be used exclusively to provide emergency services for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written noticeTown. Upon the request of the Fire Chief or his designee, the contractor shall station the vehicle at public gatherings whenever the Chief determines that said merchandise being duly tested vehicle may be necessary for public safety. This dedicated vehicle may not be used to perform private non-emergency work for the contractor inside or outside of the Town. The Contractor shall provide a standby ambulance to the Town of Hadley for special events and accepted or disaster/emergency exercises approved by the proper City employees as meeting Fire Chief/Emergency Management Director and Select Board at no additional cost. The Contractor shall provide emergency ambulance service twenty-four (24) hours per day every day of the year. Sufficient resources shall be provided to ensure a response to anticipated calls for service, including secondary calls for services. The Contractor shall coordinate and cooperate with the specifications Town of Hadley and conditionsits Fire and Police Departments with respect to the provision of ambulance services and its impact on public safety and other public concerns. Said cooperation shall include the provision of first responder and EMT training to members of both departments to include initial certification training as well as related on going continuing education training. All recertification training shall be open to Action employees and other members of the first responder community. Stand-By Service: The Contractor shall respond with a minimum of one (1) ambulance to all potential medical emergencies, including but not limited to structure fires, hazardous materials incidents and police emergencies when requested by the Fire Chief. The number of ambulances and level of care provided shall be determined by the Incident Commander. The ambulance will remain on scene until released by the Incident Commander. If the stand by ambulance is required to leave the scene to transport a sick, disabled or injured person to a hospital or other facility as determined by local protocol, the City Contractor shall pay provide a replacement ambulance unless specifically released from the incident by the Incident Commander. The Contractor agrees to monthly meetings to be held between the Contractor and the “Ambulance Oversight Committee” as established by the Select Board to review emergency ambulance service and performance under this Agreement. The Committee shall be comprised of a member of the Select Board, the Town Administrator, Xxxxxx Fire Chief or designee, and up to three Town residents as approved by the Select Board that shall review and improve protocol and oversee an annual review of costs and evaluation of quality of service. The Committee would also address residents' concerns and questions. HOURS OF SERVICE All ambulance and related services required by this Agreement shall be provided twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year. MUTUAL AID AGREEMENTS The Contractor shall perform emergency ambulance obligations required of the Town pursuant to applicable mutual aid agreements in effect during the term of this Contract. Prior to entering any such mutual aid agreements, the Town shall consult with the Contractor. Within thirty (30) days of execution of said Agreement, the Contractor shall review and confirm all current Memorandum of Understandings (MOU) with local community and private ambulance providers are up to date and in place to ensure adequate back-up of services in accordance with 105 CMR 170.385. The Contractor shall be responsible for the quantities thereof currently ordered update and delivered, submittal of the Town of Hadley Service Zone Plan as required under 105 CMR 170.249 Emergency Medical Service System STANDARDS AND CONTROLS The Contractor shall be required to file monthly reports of its activities to the Fire Chief in compliance with HIPAA’s Privacy Rule. The form and contents of the report is determined by the Town of Hadley at the end time a contract is signed, but at a minimum shall include; Total Monthly Responses Total ALS Calls Total BLS Calls Total # of each calendar monthPatient Contacts Number of Patients Transported Number of No Transport Number of Requests for Mutual Aid Medicare Calls Medicaid Calls Out of Chute Times (OOC) Response times-from receipt of call at 911 dispatch to time of arrival on scene Explanation of response times over ten (10) minutes The Contractor shall develop written, upon an invoice being presented standardized operating procedures for the provision of ambulance service to the Town. The Contractor shall include in such procedures all monitoring, and oversight provisions required by the Vendor setting forth Fire Chief and Select Board or its designee. Such procedures shall be consistent with and, to the exact quantities thereof delivered during said monthextent required, shall incorporate all care and service requirements of applicable federal, state, and local laws, regulations and codes. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance Contractor shall submit its Quality Assessment Program as part of the work proposal; the quality and provision of patient care by the Contractor will be monitored by the Fire Chief and Select Board or its designees of the Town of Hadley. DISPATCHING AND COMMUNICATIONS The Contractor shall employ EMD certified full-time dispatchers (on a 24/7 basis), under their separate terms and agreements for employment, who shall be available to answer telephone calls at all times and communicate with all ambulances. This position shall be in addition to the contract24/7 dispatchers already employed by the Town of Hadley. The Vendor further agrees Contractor shall respond to all calls initiated by the Hadley Public Safety Dispatch Center. The Contractor's communication/dispatching system shall be able to handle multiple calls simultaneously and have transmission capability of a minimum of thirty (30) miles. The Contractor shall ensure that all vehicles used for emergency medical transportation within the Town be equipped with mobile radio communications and all 911 EMS Service Units will be equipped with mobile communications for each crew member. This shall consist of a combination of a portable two-way radio and a tone activated pager. All portable and mobile radios will transmit and receive on the Hadley Fire Main frequency, Hadley Fire Ground frequency, the Xxxxxx Police frequency and any other frequencies the Fire Chief recommends. It is agreed that the Hadley Fire Chief grants to the vendor the ability to use Hadley Fire Department frequencies for primary dispatch and operations within the Town of Hadley. No unit will be placed into service within the Town without direct communication capability. Upon being assigned to an incident, the contractors EMS Units shall, by radio communications, acknowledge the assignment, report when in case any such suits or actions are brought or threatened route to the scene, report when on the scene, report when leaving the scene, report when at the hospital and report when clear and available. RESPONSE TIME The Contractor shall ensure that all or as much Emergency Medical Technicians and Paramedics providing emergency services for the Town under this Agreement shall be familiar with Hadley streets. It is the intention of the monies due itTown to continuously improve the response times. It is the Town’s intention that the goal for the primary service unit shall be upon receipt of the alarm, him the crew will have acknowledged and initiated a response within 60 seconds. It is further expected that it will be 480 seconds or them under this contract less travel time for the arrival of the advanced life support ambulance from the contractor for 90% of the calls within the Town of Hadley. Response time is defined as shall or may the time from the receipt of the call until the ambulance arrival at the scene as reported by radio transmissions. All times will be considered necessary tracked by the City shall Contractor in coordination with the Hadley Public Safety Communications Center. Any responses over 10 minutes by the primary dedicated ambulance, except when weather or may be retained without any liability traffic conditions which are beyond the control of the City Contractor cause such a delay, shall be reviewed by the Contractor and the Fire Chief and the Contractor shall submit a report to the Vendor Fire Chief and Select Board within 24 hours of the incident for interest thereon because of such retention until all such suits or claims shall review. The Chief at his/her option will then have been settled and satisfactory evidence the ability to assess a non-performance fine for up to five hundred dollars ($500) per incident. Calls that effect furnishedare within the exceptions as noted above will not be reviewed.

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the parties to these presents each In security for and in consideration of Secured Party entering into a Promissory Note dated May 17, 2002, between Secured Party and Debtor, whereby Secured Party has agreed to lend to Debtor the agreements on sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (the part "Note"). AND ALSO to secure the payment by the Debtor to the Secured Party of any and all sums due and owing the other herein contained, have agreed, and Secured Party by Debtor under the Note; Debtor hereby do agree, grants to the City for itselfSecured Party, its successors and assigns, a security interest as that term is defined in the New York Commercial Code in and to the Vendor for itselffollowing collateral: 1,222,586 shares of common stock owned by the Debtor in Western Power and Equipment Corp. represented by Certificate Number 2609-6 together with all proceeds of or from the sale of such property, himself if any (collectively referred to herein as the "Collateral"), which has been delivered to the Secured Party as of the date hereof. The Collateral shall be held by Secured Party until the earlier to occur of (i) the discharge by the Debtor of all obligations under the Note, or themselves(ii) the occurrence of an Event of Default whereby the Secured Party exercises its right to take possession of the Collateral pursuant to the terms of this Agreement; TO HAVE AND TO HOLD the Collateral unto the Secured Party, its successorssuccessors and permitted assigns, absolutely; PROVIDED, HOWEVER, that if the Debtor shall discharge any and all obligations that are now or his may hereafter be or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with become owing by the City, for the consideration hereinafter mentioned and contained, to furnish as directed Debtor to the City Secured Party on account of Reading, Pennsylvania, in accordance with any breach of this Agreement or default under the bid Note aforesaid of which obligations the books of the Vendor for Secured Party shall be prima facie evidence, and which obligations it is agreed by these presents are and shall be secured as a charge against the Request for Qualifications for Maintenance Collateral hereby encumbered, and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” shall observe and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy perform all of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications covenants and agreements herein contained, THEN THESE PRESENTS SHALL BE VOID; BUT UPON FAILURE to pay said sums or hereto attached interest due under said Note when due, or upon the breach of any covenant or agreement hereof or any obligation hereby secured, then and made a part hereof. In in either of such events the event the Vendor shall fail Secured Party may exercise all remedies provided to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contractprovisions of this Security Agreement. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due itDEBTOR HEREBY REPRESENTS, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.COVENANTS AND AGREES WITH SECURED PARTY AS FOLLOWS:

Appears in 1 contract

Samples: Security Agreement (American United Global Inc)

WITNESSETH. That the parties to these presents each Lessor, for and in consideration of the agreements rent and other valuable consideration hereinafter described, does demise and lease unto the Lessee the premises identified as 00 Xxxxxxx Xxxxxx located on Warwick Tax Xxxxxxxxx Xxxx 000 Xxx 00. TO HAVE AND TO HOLD the demised premises for a period of ten (10) years, from the day of , unless sooner terminated as provided further herein, yielding and paying therefore, during said term an annual rental in the sum of One Dollar ($1.00) due and payable annually on the part day of the other herein containednew lease year. Such notice to terminate shall be given six (6) months prior to the intended date of termination. Termination of the lease shall also occur if, have agreed, and hereby do agreeat some time, the City for itself, its successors House of Hope Corporation ceases to operate as a viable nonprofit agency. Such determination shall be made in common by representatives of the House of Hope Corporation and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of ReadingWarwick and if necessary a neutral arbitrator agreeable to both parties or in the absence of such agreement, Pennsylvania, in accordance with by an arbitrator selected by the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted American Arbitration Association. Consideration shall be given to the City, attached hereto as Exhibit “A” level and made a part hereof quality of services offered by the following merchandise as per specifications: To provide both routine maintenance and repairsHouse of Hope Corporation, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy financial stability of the fee schedule organization. If it is attached as Exhibit “A”. The use determined that the House of this Vendor may Hope Corporation is no longer a viable organization, vacancy of the property herein described shall be extended for 2 additional 1 year terms at the City accomplished within sixty (60) days of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereofdetermination. In the event that the Vendor Lessor sends notice by registered mail to the Lessee at the demised premises that the House of Hope Corporation has ceased to operate and the House of Hope Corporation does not respond to said notice in writing to be received by the Warwick City Finance Department within ten (10) days, then it shall fail be conclusively determined that House of Hope Corporation has ceased to complyoperate as a viable organization and the Lessor shall have the absolute right to terminate this lease and re-enter the demised premises without further action being necessary. It is agreed upon between the parties hereto that in addition to the hereinabove described premises, together with the buildings and improvements which are situated thereon, this lease will include all such equipment, furniture, and other contents of the buildings as are owned by the Lessors and located on the above described premises. It is understood and agreed that all contents of the building that have been purchased or will be purchased by the Lessee are its property and not part of this lease. It is further understood and agreed that the leased premises shall be used as transitional housing and other related support services of the House of Hope Corporation that will serve the City of Warwick community and vicinity and no other activity or use shall be permitted without further written agreement of the Lessor. The Lessee shall not improve, alter or renovate the demised premises in any manner without first obtaining the expressed written consent of the Lessor. Any improvements to the exterior structure shall be reviewed and approved by the Warwick Historic District Commission. The Lessee agrees to maintain buildings, equipment and other contents in good condition except that equipment and other contents which have, in any respect, with said specifications the judgement of the Lessee become obsolete and will be removed from the premises and discarded or this contract, conveyed to the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and deliveredLessors, at the end Lessor’s option. The Lessee agrees to maintain the grounds including snow removal from the parking lot, driveway, walkways and entrances. The Lessee agrees to save the Lessor harmless from liability for any injury or damage to either person or property arising out of each calendar month, upon an invoice being presented the Xxxxxx’s use of the demised premises unless said injury or damage is caused by the Vendor setting forth Lessor. Further, the exact quantities thereof delivered during said month. The Vendor Lessee agrees to carry liability insurance and furnish to the Lessor annually with a certificate from the insurance company that said insurance is in full force and effect. Lessors shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by the Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or be in, or about the same whether such loss, injury, death, or damage shall be caused by or in way result from or out of any act, omission, or negligence of Lessee or any occupant, visitor, or user of any portion of the premises, or shall result from or may be caused by any other matter or thing whether of the same kind or different kind than the matters or things above set forth, and Xxxxxx shall indemnify and save harmless the City from Lessors against all suits claims, liability, loss or actions of every name and description brought against it for or damage whatsoever on account of any such loss, injury, death or damage. Lessee hereby waives all claims against Lessors for damages to the building and improvements that are now on or hereinafter placed or built on the premises, and to the property of the Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death or damage arising by reason of the negligence or misconduct of Lessors, their agents or employees. The cost of insurance and of all improvements, exterior and interior shall be borne by the Lessee, and any improvements which are an integral part of the building shall become the property of the Lessors upon termination of this lease. Should the property be damaged by fire or other unavoidable casualty so as not to be usable, or should the property be taken by eminent domain or otherwise taken or seized under law by public authority or if the Lessee should cease to exist as a corporate body or vacate the leased premises, this lease will terminate and the obligations of the parties hereto cease and terminate. Xxxxxx agrees to pay to the Lessor out of any insurance proceeds recovered, that part attributable to the building and such contents as may be the property of the Lessors as of the date the lease had been scheduled to terminate. Lessee shall fully and promptly pay for all taxes, water, gas, heat, light, telephone service, sewer use and assessments, and other public utilities of patented appliances any kind furnished to the premises throughout the term thereof, and all other costs and expenses of any kind whatsoever of or in connection with the use, operation and maintenance of the premises and all activities conducted thereon, and the Lessors shall have no responsibility of any kind thereof. The Lessors reserve the right to enter upon said premises at all reasonable times for the purpose of viewing the same or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contractother legal purpose. The Vendor further agrees that in case Lessee shall not assign this lease nor sublet the premises or any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedportion thereof.

Appears in 1 contract

Samples: www.warwickri.gov

WITNESSETH. That the parties said Owners agree to these presents each let, and the said Charterers agree to hire the said vessel, from the time of delivery, for about an open ended period exact period in consideration of Charterer's Option, Owners have option to convert t/c to 12 months fixed rate t/c by giving Charterers 90 days notice, trading always via safe anchorage(s), safe berth(s), safe port(s), always afloat and always within Institute Warranty Limits, with lawful harmless bulk cargoes which to be loaded, stowed, carried, discharged in accordance with IMO recommendations and/or any other local/national regulations and always in conformity with Vessel's class certificate requirements. within below mentioned trading limits. Charterers to have liberty to sublet the agreements on the vessel for all or any part of the time covered by this Charter, but Charterers remaining responsible for the fulfillment of this Charter Party. Acceptance of delivery shall not constitute a waiver of Owners' obligations under this Charter. Vessel to be placed at the disposal of the Charterers, at on dropping last outward sea pilot one safe port Singapore/Japan range at any time, day or night, Sunday and Holidays included in such dock or at such wharf or place (where she may safely lie, always afloat, at all times of tide, except as otherwise provided in clause No.6), as the Charterers may direct. If such dock, wharf or place be not available time to count as provided for in clause No.5. Vessel on her delivery to be ready to receive cargo with clean-swept, holds and tight, staunch, strong and in every way fitted for the service, having water ballast, winches and donkey boiler with sufficient steam power, or if not equipped with donkey boiler, then other herein contained, have agreed, and hereby do agree, power sufficient to run all the City for itself, its successors and assigns, winches at one and the Vendor same time (and with full complement of officers, seamen, engineers and firemen for itselfa vessel of her tonnage), himself to be employed, in carrying lawful merchandise, including petroleum or themselvesits products, its successorsin proper containers, or his excluding as per Rider Clauses…………………………………………. (vessel is not to be employed in the carriage of Live Stock, but Charterers are to have the privilege of shipping a small number on deck at their risk, all necessary fittings and other requirements to be for account of Charterers), in such lawful trades, between safe port and/or ports in British North America, and/or United States of America, and/or West Indies, and/or Central America, and/or Caribbean Sea, and/or Gulf of Mexico, and/or Mexico, and/or South America……………………………………………………………………………………….and/or Europe and/or Africa, and/or Asia, and/or Australia, and/or Tasmania, and/or New Zealand, but excluding Xxxxxxxxx River, River St. Xxxxxxxx between October 31st and May 15th, Xxxxxx Bay and all unsafe ports; also excluding, when out of season, White Sea, Black Sea and the Baltic Trading Exclusions – As per Rider Clauses ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… as the Charterers or their executors and administratorsAgents shall direct, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof on the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.:

Appears in 1 contract

Samples: DryShips Inc.

WITNESSETH. That the parties that Landlord hereby leases to these presents each Tenant and Tenant hereby leases from Landlord, all that certain space described in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Exhibit A attached hereto as Exhibit “A” and made a part hereof (herein designated as the following merchandise “Premises”), being the Unit identified on the Summary and containing the approximate rentable square footage set forth on the Summary, together with the non-exclusive access to all Common Areas of the building (the “Building”) and the business park (the “Park”) in which the Premises is located, as per specifications: To provide both routine they may exist for common usage from time to time, plus all of Landlord’s rights, privileges and easements in, to, over and upon adjoining public and private land, highways, roads and streets required for ingress to and egress from the Premises. The Premises are a portion of the Building identified on the Summary located at the address set forth on the Summary. As used herein the term “Common Areas” shall mean collectively all grounds, utilities, roadways, drive aisles, entrances, exits, and parking areas associated with the Building and the Park, made available for the nonexclusive use of all occupants (including Tenant), their respective employees and invitees during the Term, together with the rights to Permitted Parking Area identified on the Summary, all upon the terms and conditions that follow. Except as otherwise expressly provided herein, Tenant accepts the Premises, Building and Common Areas in their “AS IS” condition and state of repair, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Summary without regard to actual measurements. Although the Premises is approximately 204,496 square feet, Tenant will be utilizing the Premises in stages as described in the Summary. For purposes of this Lease, whenever the word Premises is used, it shall only pertain to that portion of the 204,496 square foot space that is actually being utilized by Tenant for the Permitted Use at that time, and Tenant’s obligations with respect to the Premises including but not limited to heating and cooling, maintenance and repairs, as well as emergency repairs etc. shall only be applicable to that are above and beyond portion of the routine maintenance and repairs 204,496 square foot space that are provided is actually being utilized by the City of Reading’s Division of Fleet Management, Department of Public Works, Tenant for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, Permitted Use at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedtime.

Appears in 1 contract

Samples: Lease Agreement

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein containedAssignor, have agreed, for good and hereby do agreevaluable consideration, the City for itselfreceipt of which is hereby acknowledged, its successors hereby GRANTS, TRANSFERS and assignsASSIGNS to the Assignee all of Assignor's right, title and the Vendor for itselfinterest in and to (i) any and all leases, himself or themselvesfranchises, its successorslicenses, occupancy agreements, or his or their executors and administratorsother agreements, including without limitation, those certain Leases as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, EXHIBIT B attached hereto as Exhibit “A” and made a part hereof for all purposes (as amended, the following merchandise as per specifications: To provide both routine maintenance and repairs"LEASES"), as well as emergency repairs that are above and beyond demising space in or otherwise relating to the routine maintenance and repairs that are provided by improvements now existing on the City of Reading’s Division of Fleet Managementproperty described on EXHIBIT A, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof (the "PREMISES"), and (ii) all security deposits ("DEPOSITS") held by Assignor under the Leases (collectively the items described in (i) through (ii) above being herein called the "PROPERTY"). TO HAVE AND TO HOLD the Property, together with all and singular the rights, titles, and interests thereto in anywise belonging, to Assignee, its successors and assigns forever, subject to the matters to which that certain Act of Cash Sale ("Cash Sale") of even date herewith from Assignor to Assignee conveying the property described on EXHIBIT A hereto is made subject as fully as if and for all purposes as if the Property were included and described in the Cash Sale. Assignor has executed this Assignment and GRANTED, TRANSFERRED and ASSIGNED the Property and Assignee has accepted this Assignment and purchased the Property AS IS AND WHEREVER LOCATED, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, EXPRESS, IMPLIED, OR STATUTORY, IT BEING THE INTENTION OF ASSIGNOR AND ASSIGNEE TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY OR BY ANY SAMPLE OR MODEL AND ANY WARRANTY AGAINST REDHIBITION, VICES AND DEFECTS. It is understood and agreed that, by Assignee's execution hereof, Assignee hereby assumes and agrees to pay and perform all of the terms, covenants, conditions and obligations of the Assignor or owner of the Premises under or with respect to the Property arising or accruing on or after the date hereof, and agrees to indemnify, defend and hold Assignor harmless from and against any claims, costs or liabilities in connection therewith arising or accruing on or after the date hereof. In Assignee agrees to notify the event tenants under the Vendor shall fail Leases of the sale of the Premises, that Assignee has purchased the Premises and is entitled to complyall rents accruing on or after the date hereof, and that Assignee has received and assumed responsibility for all Deposits held by Assignor prior to the date hereof. It is understood and agreed that, by Assignor's execution hereof, Assignor hereby assumes and agrees to pay and perform all of the terms, covenants, conditions and obligations of the Assignor or owner of the Premises under or with respect to the Property arising or accruing prior to the date hereof, and agrees to indemnify, defend and hold Assignee harmless from and against any claims, costs or liabilities in any respectconnection therewith arising or accruing prior to the date hereof. EXECUTED as of the date first above written. ASSIGNOR: -------------------------------------- By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- ASSIGNEE: -------------------------------------- By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- Exhibit A - Description of the Land THE STATE OF TEXAS Section Section COUNTY OF DALLAS Section This instrument was acknowledged before me on ______________, with 20___, by ______________, ______________ of ______________, a _________________, on behalf of said specifications or this contract, the City may terminate this contract by giving the Vendor written notice________. Upon the said merchandise being duly tested --------------------------- Notary Public in and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered State of TEXAS Printed Name: ------------- My commission expires: ------------- THE STATE OF TEXAS Section Section COUNTY OF DALLAS Section This instrument was acknowledged before me on ______________, 20___, by ___________________, ____________________ of ____________________, a __________________, on behalf of said ______________. --------------------------- Notary Public in and delivered, at for the end State of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said monthTEXAS Printed Name: ------------- My commission expires: ------------- EXHIBIT A [INSERT LEGAL] SCHEDULE I DUE DILIGENCE CHECKLIST -------------------------------------------------------------------------------- I. NAME OF PROPERTY: Comments ================================================================================ II. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.A. FINANCIAL INFORMATION

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Inland Western Retail Real Estate Trust Inc)

WITNESSETH. That the parties to these presents each Grantor, for and in consideration of the agreements on the part sum of the other herein contained, have agreedTen and No/100 Dollars, and hereby do agreeother good and valuable consideration, the City receipt and sufficiency whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Xxxxx County, Florida, which is described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (THE "PROPERTY") TOGETHER with all tenements, hereditaments, improvements (if any), easements and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever; SUBJECT, HOWEVER to the exceptions set forth on EXHIBIT B attached hereto. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey the property; and that the Property is free of all encumbrances except the matters herein-above mentioned to which this Deed is made subject. The Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. Grantee hereby assumes payment of real estate taxes and assessments, if any, for itselfthe current and subsequent years due to change in land usage, its successors ownership, or both. Wherever used herein the terms "Grantor" and assigns"Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the Vendor for itselfsuccessors and assigns of corporations. BY ACCEPTANCE OF THIS DEED, himself or themselvesXXXXXXX ACKNOWLEDGES THAT GRANTOR HAS NOT MADE, its successorsDOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, or his or their executors and administratorsWARRANTIES, as follows: The Vendor covenantsPROMISES, promises and agrees to and with the CityCOVENANTS, for the consideration hereinafter mentioned and containedAGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, to furnish as directed to the City of ReadingWHETHER EXPRESS OR IMPLIED, PennsylvaniaORAL OR WRITTEN, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21PAST, 2019PRESENT OR FUTURE, submitted to the CityOF, attached hereto as Exhibit “AS TO, CONCERNING OR WITH RESPECT TO (A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs) THE VALUE, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet ManagementNATURE, Department of Public WorksQUALITY OR CONDITION OF THE PROPERTY, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisINCLUDING, at the fees submittedWITHOUT LIMITATION, from SeptemberTHE WATER, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.SOIL AND GEOLOGY,

Appears in 1 contract

Samples: Access and Land Swap Option Agreement

WITNESSETH. That The Contractor agrees with the parties Department that, for the consideration and agreements hereinafter mentioned and contained to be made and performed by the Department, and under the conditions expressed in a bond bearing even date with these presents each in consideration presents, and hereunto annexed, that the Contractor shall and will at its own proper cost and expense, do all the work and furnish all the materials necessary for the substantial construction and completion, and to the satisfaction of the agreements Department, of a portion of the highway system of the State of Nevada, being in the County of , on (Location), Route Section , Mileposts ,(Description), hereinafter called the Project, in strict conformity, in every part and particular, with the Department’s Standard Specifications for Road and Bridge Construction 2014, Project Plans, and Project Special Provisions, and Project Invitation to Bid, which are made a part hereof, and in full compliance with the terms of this Contract. And the Contractor hereby further agrees to receive and accept the prices set forth in the Proposal – Contract # Total Proposal Amount: ($ ), hereto annexed and thereby made a part of this Contract, as full compensation for furnishing all materials and labor, and the other doing of all work, in strict accordance with the plans, special provisions and specifications hereinbefore mentioned, to the satisfaction of the Resident Engineer and in the manner and under the conditions hereinbefore specified. The Department hereby promises and agrees with the Contractor, to employ, and does hereby employ, the Contractor to provide the materials and do the work according to the terms and conditions herein containedcontained and referred to, have agreedfor the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth herein; and the parties themselves, their heirs, executors, administrators, successors, and assigns, do agreehereby agree to the full performance of the covenants herein contained. The Contractor further agrees that no moneys payable under this Contract shall be assigned by power of attorney, or otherwise, except upon the written consent of the Department. It is further agreed, by and between the parties hereto, that should there be any conflict between the terms of this Contract and the Proposal of the Contractor, then this Contract shall control, and nothing herein shall be considered an acceptance of the terms of such Proposal conflicting therewith. And the Contractor hereby further agrees that the payment of the final amount due under this Contract shall release the State of Nevada and the Department of Transportation from any and all claims or liability on account of work performed under this Contract other than such claims, if any, as may be specifically excepted by the Contractor in writing at the time final payment is made. During the performance of this contract, the City contractor, for itself, its assignees and successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, in interest agrees as follows: The Vendor covenants, promises and agrees to and with During the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City performance of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees contractor agrees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.follows:

Appears in 1 contract

Samples: Contract Form Contract

WITNESSETH. That that the parties to these presents each said Mortgagors, for and in consideration of the agreements on the part debt and trust hereinafter described and created, and of the other herein contained, have agreed, and hereby do agreesum of One Dollar paid by the said Mortgage Trustee, the City for itselfreceipt of which is hereby acknowledged, its successors do by these presents grant, bargain and assignssell, convey and confirm unto the Vendor for itselfsaid Mortgage Trustee, himself or themselves, its successors, or his or their executors the following described improvements and administrators, as follows: The Vendor covenants, promises and agrees to and with real estate (hereinafter the City, for the consideration hereinafter mentioned and contained, to furnish as directed to "Land") situated on Xxxxxx Road Extension west of Clarkson Road in the City of ReadingChesterfield, PennsylvaniaCounty of St. Louis, in accordance with the bid and State of the Vendor for the Request for Qualifications for Maintenance Missouri, and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, more particularly described by metes and bounds on Exhibit A attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and reference made a part hereof. In Subject to easements, conditions, restrictions and rights-of-way of record. Together with all improvements thereon including but not limited to a 489-unit multi-family housing facility with all recreational amenities appurtenant thereto, whether now existing or hereafter constructed. Together with all furniture, furnishings, fixtures and equipment now or hereafter owned by Mortgagors and attached to the event Land and Improvements (as hereinafter defined), including without limiting the Vendor shall fail to complyforegoing, all electrical, heating, air conditioning, lighting and plumbing fixtures, appliances and all window screens, shades, awnings and storm sashes, whether now owned or hereafter acquired located on or used in any respectconnection with the aforementioned Land and Improvements, together with said specifications all substitutions, additions and replacements, and proceeds thereof. This Deed of Trust, Assignment of Rents and Leases and Security Agreement is being re-recorded for the purpose of correcting the legal description Together with all the rights, privileges, easements and appurtenances thereto attached or this contractbelonging, and the City may terminate this contract by giving the Vendor written noticerents, issues and profits, thereof. Upon FURTHER WITNESSETH, that the said merchandise being duly tested Mortgagors, do by these presents, grant to Beneficiary a security interest in all materials purchased or delivered for construction of the Project and accepted by in the proper City employees Equipment (as meeting both capitalized terms are hereinafter defined) located on or used in connection with the specifications operation of the Facility (as hereinafter defined) together with all proceeds and conditionsprofits therefrom. TO HAVE AND TO HOLD the same, together with all buildings, fixtures and appurtenances hereafter to the City shall pay same belonging, unto the said Mortgage Trustee, and to his successor or successors in this trust forever, and possession of said Facility is now delivered unto the said Mortgage Trustee including the right to collect rents as hereinafter set forth. IN TRUST, however, for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.following purposes:

Appears in 1 contract

Samples: Leases and Security Agreement (Fogelman Mortgage L P I)

WITNESSETH. That Trustor grants, assigns and transfers to Trustee in Trust, with Power of Sale: GRANTING CLAUSE FIRST The real property in the parties to these presents each in consideration County of Riverside, State of California, described as: See Exhibit A attached hereto. Together with (i) any rights of the agreements on the part Trustor as Declarant under any declaration of covenants, conditions and restrictions which is or may be recorded against all or any portion of the real property described herein and (ii) the rents, issues and profits thereof, subject to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. GRANTING CLAUSE SECOND All that certain personal property used in the operation of the real property described in GRANTING CLAUSE FIRST, whether now owned or hereafter acquired, including but not limited to all furniture, fixtures and equipment, including maintenance equipment and model complex furnishings and other herein contained, have agreeddecorations, and hereby do agreeall renewals, the City for itself, its successors and assignsreplacements or substitutions thereof or additions thereto, and all materials and equipment acquired for use in or to be incorporated in the Vendor for itselfimprovements constructed or to be constructed on said real property, himself and all renewals and replacements therefor, and all warranties in which Trustor may now or themselveshereafter have an interest relating to work, its successorslabor, skill or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and materials furnished in connection with the Cityconstruction of any improvements on said real property, all plans and specifications which have been or will be prepared by or for the consideration hereinafter mentioned and contained, Trustor related to furnish as directed improvements on said real property or to the City adjacent lands of ReadingBeneficiary, Pennsylvaniawhether constructed or not. All of said real and personal property granted, in accordance assigned and transferred by Trustor to Trustee together with all other property hereafter granted, assigned and transferred to Trustee under this Deed of Trust is herein called “Subject Property.” For the bid purpose of securing (1) all of the Vendor for the Request for Qualifications for Maintenance obligations of Trustor pursuant to Article XI of that certain Purchase and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted Sale Agreement and Joint Escrow Instructions relating to the CitySubject Property (hereinafter the “PSA”) dated as of December ___, attached hereto 2008 made by Beneficiary and Trustor as Exhibit ASeller” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance “Buyer,” respectively (and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, any amendments or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in modifications thereto); (2) the performance of each agreement of Trustor incorporated by reference or contained herein; and (3) performance of any obligation of Trustor to Beneficiary which may hereafter be evidenced by an agreement or other writing reciting that such obligation is secured by this Deed of Trust. Unless the work under context clearly indicates otherwise, all terms used in this Deed of Trust shall mean the contract. The Vendor further agrees that same as such terms are defined in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedPSA.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Shopoff Properties Trust, Inc.)

WITNESSETH. That the parties to these presents each in In consideration of the agreements payment or payments as specified below, the LESSEE hereby relinquishes to the BUYER, all leasehold interest to certain lands and any improvements thereon owned by . The property to which the LESSEE hereby permanently relinquishes interest is described in exhibit 1. (Descriptions may be stated in either “metes and bounds” or “station and offsets.”) The property to which the LESSEE hereby temporarily relinquishes interest is described in exhibit 2. It is hereby agreed that possession of the above described premises is the essence of this contract and the BUYER may take immediate possession of the premises upon signing of this contract. It is further agreed that relinquishment of LESSEE interest to areas conveyed temporarily shall be during the period of construction and shall cease upon acceptance of the project by the BUYER. Moving and replacing approximately rods of fence at $ per rod Moving and replacing approximately rods of fence at $ per rod Moving and replacing approximately rods of fence at $ per rod $ Relinquishment of leasehold interest to approximately acres. Other Damages: TOTAL $ It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. The above payments shall cover all damages caused by the establishment and construction of the above project except for LESSEE'S share of CROP DAMAGE, if any, which will be paid for in an amount based on the part yield from the balance of the other herein containedfield less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, have agreedbut in no case shall damages be paid for more than one year's crop. The LESSEE agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. Project No.: - Tr. This contract shall be binding on both parties from its inception, and hereby do agreebut, should none of the City above real estate be required, this contract shall terminate. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for itselfall purposes, its successors and assigns, but all copies shall constitute but one and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the same contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.REMARKS

Appears in 1 contract

Samples: Local Political Subdivision Acquisition Contract

WITNESSETH. That the parties to these presents each that in consideration of the agreements rentals hereinafter agreed upon and the performance of all the conditions and covenants hereinafter set forth on the part of the other herein contained, have agreed, and hereby do agreeTenant to be performed, the City for itself, its successors and assignsLandlord does hereby lease unto the said Tenant, and the Vendor for itselflatter does hereby rent from the former the following premises (hereinafter sometimes called the "premises"): BEING all those premises containing approximately forty thousand four hundred forty (40,440) rentable square feet, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with within the City, for building (hereinafter sometimes called the consideration hereinafter mentioned and contained, to furnish as directed to "Building") shown on the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Lease Plan attached hereto as Exhibit A, which Building is known as Building VIII, Loudoun Tech Center, 00000 Xxxxxx Xxx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000 located in Loudoun County, Virginia and made a part hereof shown on the following merchandise Space Plan attached hereto as per specifications: To provide both routine maintenance Exhibit A-1, within the development known as the "Loudoun Tech Center"; TOGETHER WITH the right of Tenant, its agents, officers, contractors, employees and repairsinvitees, to the use of the parking and other common areas shown on Exhibit A (the "Common Areas") and also together with the right of access over the roads and driveways throughout the Park (as defined in Section 6 hereof) for ingress and egress to and from the Building; for the term of ten (10) years, beginning on August 1, 2000 (the "Scheduled Commencement Date") and terminating July 31, 2010 (the "Scheduled Expiration Date"), provided Landlord has substantially completed Landlord's Work as hereinafter defined. Landlord agrees that it will, at its sole cost and expense, as well soon as emergency repairs that are above reasonably possible after the execution of this Lease, commence and beyond pursue to completion the routine maintenance Landlord's Work set forth on Exhibit B and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy location and including the improvements shown on Exhibit C. Landlord shall provide Tenant with not less than 15 days prior written notice of the fee schedule is attached as Exhibit “A”date on which Landlord reasonably anticipates it will have substantially completed Landlord's Work, and not less than 5 days prior written notice of the actual date on which substantial completion will have occurred. The use date that each of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees foregoing conditions has been satisfied is hereinafter referred to furnish only such merchandise which shall have fully met as the specifications herein contained, or hereto attached and made a part hereof"Commencement Date". In the event Landlord fails to substantially complete Landlord's Work and provide the Vendor shall fail to complyrequired notices on or before the Scheduled Commencement Date, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.then:

Appears in 1 contract

Samples: Second Amendatory Lease Agreement (Neustar Inc)

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on the part of the other herein containedmutual terms, have agreedconditions, and covenants of this Agreement and the accompanying documents between Owner and Contractor and for and in consideration of payments as set forth therein, Contractor hereby do agreeagrees with the said Owner to commence and complete the following Project: FY2021 CAPITAL METRO PAVING IMPROVEMENTS FOR THE CITY OF MANOR, TEXAS for all base bid work and all extra work in connection therewith, under the City for itselfterms as stated in the Contract Documents and at CONTRACTOR’s own proper cost and expense to furnish all the materials, its successors and assignssupplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to construct and complete FY2021 CAPITAL METRO PAVING IMPROVEMENTS PROJECT (the Vendor for itself, himself “Project” or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania“Work”), in accordance with the bid Contractor's Proposal, Instructions to Bidders, Special Provisions, Supplementary Conditions, General Conditions, Performance bond, Payment bond, Drawings, Plans and Technical Specifications and other drawings and printed or written explanatory matter thereof, and the addenda, therefore, as prepared by Xxx Engineering, a Division of GBA herein entitled the Vendor for ENGINEER, and approved by the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21OWNER, 2019, submitted to the City, attached hereto as Exhibit “A” and all of which are made a part hereof and collectively evidence and constitute the following merchandise as per specificationsentire contract (the “Contract Documents”). The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete work within: To provide both routine maintenance Base Bid – ONE-HUNDRED THIRTY (130) calendar days Alternate Xxx X -XXXXXXX - ADDITIONAL THIRTY (30) calendar days Alternate Bid B – Xxxxxxxx and repairs, as well as emergency repairs that are above and beyond Xxxxx behind Duett’s – no additional days after the routine maintenance and repairs that are provided by date specified in the City written Notice to Proceed. Waiver of Reading’s Division any breach of Fleet Management, Department this Agreement shall not constitute waiver of Public Worksany subsequent breach. The OWNER agrees to pay the CONTRACTOR, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use satisfactory performance of this Vendor may be extended for 2 additional 1 year terms at Agreement, in current funds the City of Readingprice or prices shown in the Contractor’s discretion. The Vendor agrees to furnish only such merchandise Proposal, which shall have fully met the specifications herein contained, or hereto attached and made forms a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or of this contract, such payments to be subject to proper completion of the contract, in the total amount of $888,149.75 (EIGHT-HUNDRED EIGHTY-EIGHT THOUSAND ONE HUNDRED FORTY-NINE DOLLARS AND SEVENTY-FIVE CENTS) subject to proper additions and deductions (the “Contract Amount”), all as provided in the General Conditions of this Agreement. The financial obligations of the City may terminate under this Agreement shall be paid from current funds and shall be subject to funds being appropriated and budgeted in sufficient amounts to satisfy such obligations. Although drawn by the OWNER, both parties hereto expressly agree and assert that in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. The CONTRACTOR agrees that time is of the essence on this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay that for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by day of delay beyond the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it time established for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance completion of the work under specified and contracted for, the Owner may withhold permanently from the CONTRACTOR’S compensation the sum of Five Hundred Dollars ($500.00) as stipulated liquidated damages for delay. In accordance with Chapter 2270, Texas Government Code, the CITY may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it: (a) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much signatory executing this contract on behalf of the monies due itcompany verifies that the CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement. To the extent, him this Agreement constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, CONTRACTOR represents that CONTRACTOR nor any wholly-owned subsidiary, majority-owned subsidiary, parent company or them under this contract as shall or may be considered necessary affiliate of CONTRACTOR is a company listed by the City shall Texas Comptroller of Public Accounts under Sections 2270.0201 or may be retained without any liability 2252.153 of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedTexas Government Code.

Appears in 1 contract

Samples: Agreement

WITNESSETH. That 1. The Lessor hereby leases to the parties to these presents each in consideration Lessee a certain portion of the agreements premises known as Xxxx X. Xxxxxxxx Park a/k/a Southfield Beach Park, Stamford, Connecticut, hereinafter referred to as the “Demised Premises.” The Demises Premises are specifically depicted as “Lease Area – A,” “Lease Area – B,” and “Temporary Lease Area - C,” on the part of the other herein containeda certain map entitled “Lease Areas, have agreedXxxxxxxx Park, Stamford, CT” prepared by Xxxxxxx & Xxxx and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21April 4, 2019, submitted hereinafter referred to the City, attached hereto as Exhibit A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or annexed hereto attached and made a part hereof. In The Demised Premises includes all of the event right, title and interest of the Vendor shall fail Lessor in and to comply“Lease Area - B” as described in said Exhibit A, in any respectincluding, with said specifications or this contractbut not limited to, the City may terminate this contract by giving riparian and littoral rights of the Vendor written noticeLessor appurtenant to other property of the Lessor adjacent thereto, on the terms and for the uses and purposes hereinafter provided. Upon Without limitation to the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditionsforegoing, the City shall pay Lessor assigns to the Lessee its littoral and riparian rights to “Lease Area- B” described in said Exhibit A for the quantities thereof currently ordered construction and delivered, at the end operation of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said montha marina. The Vendor agrees Lessor shall further provide to indemnify Lessee: (a) the right of access for all lawful purposes, including, but not limited to pedestrian and save harmless vehicular ingress and egress to and from the City Demised Premises and Southfield Avenue; (b) the non-exclusive right to use the park area between Lease Areas “A,” and “B,” and “Temporary Lease Area – C,” particularly the beach area and parking lot adjacent to the Demised Premises; (c) the unimpeded right of pedestrian access from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance easterly side of the work under parking lot to “Lease Area - B,” in a location that does not require traversing any parking lot; and (d) the contractright to use “Temporary Lease Area – C” as depicted on Exhibit A for the limited term and purposes provided in Paragraph 32 herein. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much Lessee shall be responsible for the installation, construction, and maintenance of two gates to and from “Lease Area - B.” The Lessor shall be responsible for the maintenance of the monies due it, him wall and the fence located at or them under this contract as shall or may be considered necessary by near the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims westerly perimeter and/or in “Lease Area - B,” The Lessee shall have been settled the exclusive right to re-establish, operate, and satisfactory evidence to that effect furnished.maintain a marina and boat dock in “Lease Area - B.” The Lessee shall own all docks, piers, floats, boats, and associated equipment which it installs in “Lease Area - B.”

Appears in 1 contract

Samples: Lease and Assignment of Rights

WITNESSETH. That the parties to these presents each in consideration of the agreements on sum of One ($1.00) Dollar in hand paid the part of Landowner by the other herein contained, have agreed, and hereby do agreeCounty, the City for itselfreceipt of which is hereby acknowledged, the Landowner does hereby grant and convey unto the County, its successors and and/or assigns, the easement of right of way for the installation, construction, reconstruction, maintenance, repair, operation and inspection of a bike share station and appurtenances within said right of way, together with the Vendor right of ingress and egress, for itselfany and all purposes, himself along the said right of way shown on the Plat or themselvesPlan annexed hereto and described as follows: SEE ATTACHED SCHEDULE "A" TO HAVE AND TO HOLD the said right of way for the installation of a bike share station, together with all rights, privileges, appurtenances and advantages thereto belonging or appertaining for the proper use, benefit and behoof forever of the County, its successorssuccessors and/or assigns. AND the Landowner, or his or their executors its heirs and/or assigns, covenants and administratorsagrees with the County, its successors and/or assigns, as follows: The Vendor covenantsFIRST: That the County, promises its successors and/or assigns, shall at all times have the right of ingress and agrees to and with the City, egress for the consideration hereinafter mentioned purpose of installing, constructing, reconstructing, maintaining, repairing, operating and containedinspecting said bike share station within said right of way. Said ingress and egress to be in, through and/or over the right of way shown and described herein or along such other route as the Landowner and County may agree to furnish as directed be mutually acceptable. SECOND: That the County, its successors and/or assigns, is granted the right to restrict the City Landowner, its heirs and/or assigns from constructing any structure or building and/or improvement or fill or excavation upon the said right of Reading, Pennsylvania, in accordance with way unless the bid prior written consent of the Vendor for County is given thereto. THIRD: That the Request for Qualifications for Maintenance Landowner will warrant specially the said right of way and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto will execute such further assurances thereof as Exhibit “A” may be requisite. IN WITNESS HEREOF we have hereunto set my hand and made a part hereof the following merchandise as per specificationsseals this day. WITNESS: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works(SEAL) XXXXXXXXX STATE OF : >ss COUNTY OF : BEFORE ME, a copy Notary Public of the fee schedule is attached as Exhibit “A”Foresaid State and County, personally appeared XXXXXXXXXXXXX, and acknowledged the aforegoing agreement to be his/her act. The use WITNESS MY HAND AND NOTARIAL SEAL this , 2017. day of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.NOTARIAL SEAL

Appears in 1 contract

Samples: Bike Share Station Easement

WITNESSETH. That The Purchaser has purchased from Seller pursuant to an Asset Purchase Agreement dated as of April 21, 1994 (the parties “Original Asset Purchase Agreement”) as amended by a First Amendment to these presents each Asset Purchase Agreement dated the date hereof (as amended, the “Asset Purchase Agreement”) certain personal property described in consideration a Security Agreement dated April 27, 1994 and amended of even date herewith (collectively, the “Security Agreement”) and also certain real property more specifically described in Exhibit A to the Purchase Money Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing and duly recorded in Book 338 at Page 96 in the Office of the agreements on Clerk of Court of Williamsburg County, South Carolina as amended by the part First Amendment to Purchase Money Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing duly recorded or to be recorded in the Office of the other herein containedClerk of Court of Williamsburg County, have agreedSouth Carolina (as amended, the “Mortgage”), including all buildings, structures, and hereby do agreeimprovements thereon, the City for itself, its successors and assignstogether with certain fixtures attached thereto, and in payment of the Vendor for itselfpurchase price has executed and delivered to Seller a purchase money promissory note in the principal amount of $10,000,000.00, himself or themselvessuch Promissory Note dated April 27, its successors, or his or their executors 1994 (the “Original Note”). The Purchaser and administrators, as follows: The Vendor covenants, promises Seller have agreed to modify and agrees to and with amend the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, Original Purchase Agreement in accordance with the bid terms of a First Amendment to Purchase Agreement dated of even date herewith between the Purchaser and Seller (the “First Amendment to Purchase Agreement”). In connection therewith, the Purchaser has executed and delivered an Amended and Restated and Substituted Promissory Note, of even date herewith (the “Amended Note”), which amends and restates the terms of the Vendor Original Note as set forth therein. Purchaser and Seller desire to enter into this First Amendment for the Request for Qualifications for Maintenance purpose of modifying and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted amending the Security Agreement in accordance with the terms of the First Amendment to the City, attached hereto as Exhibit “A” Purchase Agreement and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedAmended Note.

Appears in 1 contract

Samples: Security Agreement (Martek Biosciences Corp)

WITNESSETH. That 1. The Lessor hereby leases to the parties to these presents each in consideration Lessee a certain portion of the agreements premises known as Xxxx X. Xxxxxxxx Park a/k/a Southfield Beach Park, Stamford, Connecticut, hereinafter referred to as the “Demised Premises.” The Demises Premises are specifically depicted as “Lease Area – A,” “Lease Area – B,” and “Temporary Lease Area - C,” on the part of the other herein containeda certain map entitled “Lease Areas, have agreedXxxxxxxx Park, Stamford, CT” prepared by Redniss & Xxxx and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21April 4, 2019, submitted hereinafter referred to the City, attached hereto as Exhibit A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or annexed hereto attached and made a part hereof. In The Demised Premises includes all of the event right, title and interest of the Vendor shall fail Lessor in and to comply“Lease Area - B” as described in said Exhibit A, in any respectincluding, with said specifications or this contractbut not limited to, the City may terminate this contract by giving riparian and littoral rights of the Vendor written noticeLessor appurtenant to other property of the Lessor adjacent thereto, on the terms and for the uses and purposes hereinafter provided. Upon Without limitation to the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditionsforegoing, the City shall pay Lessor assigns to the Lessee its littoral and riparian rights to “Lease Area- B” described in said Exhibit A for the quantities thereof currently ordered construction and delivered, at the end operation of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said montha marina. The Vendor agrees Lessor shall further provide to indemnify Lessee: (a) the right of access for all lawful purposes, including, but not limited to pedestrian and save harmless vehicular ingress and egress to and from the City Demised Premises and Southfield Avenue; (b) the non-exclusive right to use the park area between Lease Areas “A,” and “B,” and “Temporary Lease Area – C,” particularly the beach area and parking lot adjacent to the Demised Premises; (c) the unimpeded right of pedestrian access from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance easterly side of the work under parking lot to “Lease Area - B,” in a location that does not require traversing any parking lot; and (d) the contractright to use “Temporary Lease Area – C” as depicted on Exhibit A for the limited term and purposes provided in Paragraph 32 herein. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much Lessee shall be responsible for the installation, construction, and maintenance of two gates to and from “Lease Area - B.” The Lessor shall be responsible for the maintenance of the monies due it, him wall and the fence located at or them under this contract as shall or may be considered necessary by near the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims westerly perimeter and/or in “Lease Area - B,” The Lessee shall have been settled the exclusive right to re-establish, operate, and satisfactory evidence to that effect furnished.maintain a marina and boat dock in “Lease Area - B.” The Lessee shall own all docks, piers, floats, boats, and associated equipment which it installs in “Lease Area - B.”

Appears in 1 contract

Samples: Lease and Assignment of Rights

WITNESSETH. That the parties to these presents each Lessor, in consideration of the agreements rents and covenants hereinafter set forth, does hereby lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, that certain space shown and designated on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, floor plan attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit A, located in the Office/Warehouse Complex known and described as Flying Cloud Business Centre located at 0000 Xxxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx, XX 00000. The use aforesaid space. leased and let unto Lessee is hereinafter referred to as the "Premises"; and the land (including all easement areas appurtenant thereto) upon which the building or buildings of this Vendor may be extended for 2 additional 1 year terms at which the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made Premises are a part hereof. In is hereinafter referred to as the event "Property"; and the Vendor shall fail to comply, Property and all buildings and improvements and personal property of Lessor used in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting connection with the specifications operation or maintenance thereof located therein and conditionsthereon and the appurtenant parking facilities, if any, are hereinafter called the City shall pay for the quantities thereof currently ordered and delivered"Office/Warehouse Complex." TO HAVE AND TO HOLD THE SAME PREMISES, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about the City Premises, except as expressly provided herein, for a term commencing on the earlier of (a) the fifteenth day of September, 1996, or (b) the date 65 days after written notice from Lessor to Lessee that the Base Building and Tenant Improvements required to be performed herein by Lessor will be completed, and ending an the fourteenth day of September, 2001, unless sooner terminated, in the manner provided hereinafter, to be occupied and used by Lessee for office/warehouse/manufacturing purposes (all to the Vendor extent allowed by law) and for interest thereon because of such retention until all such suits or claims shall have been settled no other purpose, subject to the covenants and satisfactory evidence to that effect furnishedagreements hereinafter contained.

Appears in 1 contract

Samples: Fargo Electronics Inc

WITNESSETH. That 1. Demise of Premises, Term and Rent. Landlord does hereby lease and demise to Tenant, and Tenant does hereby hire and take from Landlord, subject to any ground leases and/or underlying leases and/or mortgages as hereinafter provided, and upon and subject to the parties to these presents each in consideration covenants, agreements, term, provisions and conditions of this Lease for the term hereinafter stated, the portion of the agreements store premises and the portion of the basement each more specifically shown, respectively, hatched and cross-hatched on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, plans attached hereto as Exhibit Exhibits “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance “B”, said demised premises, together with all fixtures, equipment, improvements, installations and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, appurtenances which at the fees submittedcommencement of or during the term of this Lease are thereto attached (except items not deemed to be included therein and removable by Tenant as provided in Article 4 of this Lease) are hereinafter called the “premises”, from September, 2019, to December 31, 2020, Department and the plot of Public Works, a copy of land on which the fee schedule Building has been constructed is attached as Exhibit hereinafter called the ALand”. The term of this Lease shall commence on (subject to postponement of said specific date as provided in Article 2 hereof) or on such earlier date as Tenant shall occupy the premises or any part thereof with the consent of Landlord for the purpose of carrying on the normal functions of Tenant’s business (such date for the commencement of the term hereof being hereinafter called the “term commencement date”) and shall end on or shall end on such earlier date upon which said term may expire or be terminated pursuant to any of the conditions of limitation or other provisions of this Lease or pursuant to law. The premises shall be used for the following, but not for any other purpose, namely: Xxxxxxxx agrees that Landlord will not lease any other space in the Building which is subject to Landlord’s control to any entity for any primary use which includes any use set forth in the preceding paragraph hereof but nothing contained herein shall preclude Landlord from leasing space where any such use referred to the preceding paragraph hereof is incidental to the primary or main use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretiontenant, occupant or user thereof. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or rent reserved under this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay Lease for the quantities thereof currently ordered term hereof shall be and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance consist of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due itfollowing fixed rent, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.namely:

Appears in 1 contract

Samples: Commercial Lease

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and It is hereby do agreeacknowledged that by instrument dated   , the City undersigned Owners reached an agreement with the Department to settle the right of way claim for itselfthe highway project for the WBS Element referenced above. This instrument includes a description of property rights to be conveyed to the Department in fee simple and/or by easement. The property to be conveyed is further delineated upon the plans for this highway project. By execution of this Agreement, the undersigned Owners hereby agree and consent to allow the Department, its successors and employees, officials, agents, assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairscontractors, as well as emergency repairs that are above utility companies and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered others deemed necessary by the City Department, to enter upon that property to be conveyed to the Department for the purpose of carrying out the work, construction, utility relocations or utility encroachments for this highway project. It is expressly understood that this right of entry shall not be deemed a trespass on, or taking of, the Owners’ property. The OWNERS DO HEREBY EXPRESSLY WAIVE any and all claims arising from any entry made pursuant to this agreement and being in the nature of a trespass, taking, or an inverse condemnation. This waiver applies to the Department, its employees, officials, contractors, agents, assigns and/or licensees, as well as to utility companies and all others deemed necessary by the Department to enter the property for the purposes set forth herein. It is understood and agreed that this Agreement includes the right to use the Permanent Utility Easement, if any, shown on the DEPARTMENT’S plans for the installation and maintenance of utilities, and for all purposes for which the DEPARTMENT is authorized by law to subject same. The Department and its agents, assigns, and licensees (including, without limitation, public utility companies) shall have the right to construct and maintain in a proper manner in, upon and through said premises utility line or lines with all necessary pipes, poles and appurtenances, together with the right at all times to enter said premises for the purpose of inspecting said utility lines and making all necessary repairs and alterations thereon; together with the right to cut away and keep clear of said utility lines, all trees and other obstructions that may be retained without in any liability way endanger or interfere with the proper maintenance and operation of the City to same with the Vendor for interest thereon because right at all times of such retention until all such suits ingress, egress and regress. This Agreement terminates upon recordation of the deed conveying the above-referenced right of way and/or easement(s), or claims shall have been settled and satisfactory evidence to that effect furnishedupon the recording of a Memorandum of Action as provided in Article 9, Chapter 136 of the General Statutes of North Carolina. . TIP/PARCEL NO.: COUNTY:

Appears in 1 contract

Samples: connect.ncdot.gov

WITNESSETH. That the parties to these presents each For and in consideration of the agreements on the part mutual obligations of the other herein contained, have agreed, and hereby do agreeparties hereto, the City for itself, its successors and assigns, Seller hereby agrees to sell convey unto the Buyer and the Vendor Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, the following described real estate situated in the County of Xxxxxxx, State of Missouri, to Wit: together with the following described personal property, if any, now located thereon to wit; electric, plumbing, heating and air conditioning fixtures and equipment, attached floor coverings, window shades, venetian blinds, curtain rods, storm doors and windows, screens, awnings, attached mirrors, TV antenna, automatic garage door opener water softener, , subject, however, to any reservations, easements or restrictions of record and any zoning laws, regulations or ordinances affecting the said property, as will not materially interfere with such use of the property as the Buyer might reasonably expect to make in view of the general character of the area and neighborhood in which the property is located. The price for itself, himself or themselves, its successors, or his or their executors and administrators, said property shall be DOLLARS; to be paid by the Buyer as follows: The Vendor covenants, promises and agrees to and with $ at the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid time of the Vendor for the Request for Qualifications for Maintenance execution and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City delivery of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted receipt of which is hereby acknowledged by the proper City employees Seller, and which is deposited with as meeting with agent for the specifications Seller, as xxxxxxx money, and conditionsas a part of the purchase price and consideration for this agreement, and upon delivery of the deed as hereinafter provided, the City Buyer shall pay for the quantities thereof currently ordered balance of the purchase price to Seller as follows: If Seller agrees to finance part of the purchase price as hereinafter set forth, then by delivering the note and delivereddeed of trust as hereinafter provided; or if Xxxxx is assuming and agreeing to pay the note secured by a deed of trust which is presently outstanding as hereinafter set forth, by then Buyer accepting delivery of a deed containing the assumption agreement; and by delivery to Seller the remaining balance of the purchase price, if any, in cash or certified check. All of the General Sales Conditions and Closing Practices and any Financing or Special Agreements, all as set forth below and on the 2nd page hereof, are hereby made a part of this contract. FINANCING AGREEMENTS (Only those paragraphs which are completed shall be applicable) A. The real property described above is subject to the lien of a first deed of trust on said property, securing the payment of a promissory note payable to , and bearing interest at the end rate of each calendar monthper cent per annum, upon with an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions unpaid balance of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance principal thereon as of the work under closing date of $ balance of said note. and the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or Buyer will, on the closing dates, as much part of the monies due itpurchase price, him or them under this contract as shall or may be considered necessary by assume and agree to pay the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.actual remaining unpaid

Appears in 1 contract

Samples: www.stewart.com

WITNESSETH. That the parties to these presents each said party of the first part, in consideration of the agreements rents and covenants hereinafter mentioned, do hereby Lease to the said party of the second part, and the said party of the second part do hereby hire and take from the said party of the first part, the following described premises situated in the County of Xxxxxxx and State of Minnesota viz: The premises presently occupied by the Red Wing Loan & Investment Company at 000 Xxxx Xxxxx Xxxxxx, Xxx Xxxx, XX. TO HAVE AND TO HOLD, The said premises just as they are, without any liability or obligation on the part of said Lessor of making any alterations, improvements or repairs of any kind on or about said premises, for the term of Three Years from January 1, 1996, for the following purposes, to-wit: The operation of a loan and thrift company and other similar related purposes. SEE ATTACHED SHEET FOR ADDITIONAL TERMS AND CONDITIONS. paying therefor the rent of Four Hundred Forty and no/100 Dollars ($440.00) per month. And the said Lessee does covenant to pay the said rent in equal monthly payments in advance, to-wit: The sum of Four Hundred Forty and no/100 Dollars, on or before the first day of every month during said term at Red Wing, Minnesota and that said Lessee will keep and maintain the said premises during the aforesaid term, and quit and deliver up the said premises to the said Lessor peaceably and quietly at the end of the aforesaid term or at any previous termination thereof for any cause, in as good order and condition and state of repair, reasonable use and wearing thereof and inevitable accidents excepted, as the same now are or may be put into by said Lessor. Lessee further agrees to give Lessor written notice thirty days before the expiration of this lease of its intention to vacate at the end of this lease, otherwise Lessor will have option of continuing this lease for _________________ from such expiration without notice to Lessee. That said Lessee will keep said premises continually in a neat, clean and respectable condition, and will keep the sidewalks in front and along said premises cleared of ice and snow, or other obstructions or objectionable thing. All ashes, garbage and refuse of any kind is to be removed at Lessee's expense. That said Lessee will not allow any liquors or beverages of an intoxicating nature or tendency to be sold on said premises, nor permit any gambling or other immoral practice therein. The said Lessee will not make or allow any waste thereon or thereof, and will not assign or underlet said premises or any part thereof without the written consent of said Lessor. Said Lessee also agree to replace all glass broken on said premises during said term, and pay for all city water, light and heat and other utilities used thereon during the term of this lease, and not to use said premises nor any part thereof for any purposes called extra hazardous by insurance companies. And if said monthly payments, whether the same be demanded or not, are not paid when they become due; or if said leased premises shall be appropriated to or used for any other purpose or use than is hereinbefore specified; or if any liquor, gambling or any other immoral practices are allowed on said premises, or any damage or waste shall be made thereon; or if any part of said premises shall be underlet or this lease be assigned without the written consent of said Lessor as above specified; or if any term, condition or covenant of this lease on the part of the other herein containedsaid Lessee to be by said Lessee kept or performed, have agreedshall be violated or neglected, then the said Lessee do hereby authorize and fully empower said Lessor or its agent to cancel and annul this lease at once and to re-enter and take possession of said premises immediately and by force if necessary without any previous notice of intention to re-enter, and hereby do agreeremove all persons and their property therefrom and to use such force and assistance in effecting and perfecting such removal as said Lessor may deem advisable to recover at once full and exclusive possession of all said leased premises, whether in possession of said Lessee or of third persons, or vacant; or said Lessor or its agent may at its option at any time after such default or violation of condition or covenant, re-enter and take possession of said premises, without such re-entering working a forfeiture of the rents to be paid and the covenants to be kept by said Lessee for the full term of this lease. If the leased premises, building, or any part thereof, shall be partially damaged by fire, storm, earthquake or other casualty not due to lessee's negligence or willful act or that of his employee, family, agent, or visitor, the City for itself, its successors premises shall be promptly repaired by lessor and assignsthere shall be an abatement of rent corresponding with the time during which, and the Vendor for itselfextent to which, himself the leased premises may have been untenantable; but, if the leased premises should be damaged other than by lessee's negligence or themselveswillful act or that of his employee, its successorsfamily, agent, or his visitor, to the extent that lessor shall decide not to rebuild or their executors repair, the term of this lease shall end and administratorsthe rent shall be prorated up to the time of the damage. And it is Mutually Agreed, as follows: The Vendor That all the covenants, promises terms and agrees conditions of this lease shall extend, apply to and with firmly bind the Cityheirs, for the consideration hereinafter mentioned personal representatives, successors and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid assigns of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached respective parties hereto as Exhibit “A” and made a part hereof fully as the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that respective parties are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedthemselves bound.

Appears in 1 contract

Samples: Lease Agreement (United Community Bancshares Inc)

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein containedgrantor(s), have agreed, for good and hereby do agreevaluable consideration, the City for itselfreceipt of which is hereby acknowledged, its successors hereby convey, set over, assign and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed warrant to the City of ReadingOlympia the following described personal property situated in Xxxxxxxx County, PennsylvaniaState of Washington, TO WIT: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls lying within the following described easement area: The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dated at Olympia, Washington, this day of , . Name Name STATE OF WASHINGTON ) )ss COUNTY OF XXXXXXXX ) On the day of , , before me, a Notary Public in accordance with and for the bid State of Washington, duly commissioned and sworn, personally appeared before me , to me known to be the of , a Washington corporation, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath states that is authorized to execute the said instrument. This agreement is effective upon the date of the Vendor last signature of both the grantor and grantee. WITNESS my hand and official seal the day and year first above written. Notary Public in and for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21State of Washington, 2019residing in My commission expires Dated at Olympia, submitted to the CityWashington, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specificationsthis day of , . CITY OF OLYMPIA By: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, Authorized Agent for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisOlympia STATE OF WASHINGTON ) )ss COUNTY OF XXXXXXXX ) On this day and year above personally appeared before me, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of me known to be the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended Authorized Agent for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met Olympia, a Municipal Corporation, who executed the specifications herein containedforegoing instrument, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon acknowledged the said merchandise being duly tested instrument to be the free and accepted by the proper City employees as meeting with the specifications voluntary act and conditions, the City shall pay deed of said Municipal Corporation for the quantities thereof currently ordered uses and deliveredpurposes therein mentioned, at and on oath states he is authorized to execute the end of each calendar month, said instrument. This agreement is effective upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance date of the work last signature of both the grantor and grantee. Given under my hand and official seal this day of , . Notary Public in and for the contract. The Vendor further agrees that State of Washington, residing in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.My commission expires

Appears in 1 contract

Samples: Bill of Sale

WITNESSETH. That the parties CITY does hereby grant the USER permission on a revocable basis as described herein the right to these presents each enter upon the property for the purpose as described in consideration the City of Atlantic Beach. This work is generally described as . Any facility maintained, repaired, erected, and/or installed in the exercise of the agreements privilege granted remains subject to relocation or removal on thirty (30) days’ notice by CITY to USER, said notice to USER shall be given by certified mail, return receipt requested, to the part following address .  In the event it is necessary for the CITY or the City’s approved representative or other franchised utility to enter upon the above described easement or property of the CITY, the USER shall replace at the USER’s sole expense, any and all material necessarily displaced during the action of maintaining, repairing, operating, replacing or adding to of the utilities and facilities of the CITY or franchise utility provider.  The facilities allowed by the permit shall meet the current requirements of the City Code, Building Codes, Land Development Code and all other herein containedland use and code requirements of the CITY, have agreedincluding City Code Section 19-7(h) which states “Driveways that cross sidewalks: City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks.”  The USER, prior to making any changes from the approved plans and/or method, must obtain written approval from the City of Atlantic Beach Public Works Department, for said change within 30 days after the day of completion.  This permit shall inure to the benefit of, and hereby do agreebe binding upon, the City for itself, its USER and their respective successors and assigns, .  USER shall meet the terms and conditions of this permit and to all of the Vendor for itself, himself or themselves, its successors, or his or their executors applicable State and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and containedCITY laws and/or specifications, to furnish as directed to include utilities locate requirements and use limitations/requirements of easements, public right-of-ways and other public land. USER further agrees that the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance CITY and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” its officers and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided employees shall be saved harmless by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, USER from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work herein under the contract. The Vendor further agrees terms of this permit and that in case any such suits or actions all of said liabilities are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary hereby assumed by the City shall or may be retained without any liability USER. Date Property Owner/Agent (signed in presence of Notary Public) STATE OF FLORIDA, COUNTY OF XXXXX The foregoing instrument was acknowledged this day of , 20 , by , who personally appeared before me and (printed name of Signer) acknowledged that he/she signed the City to instrument voluntarily for the Vendor for interest thereon because purpose expressed in it. Signature of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Notary Public, State of Florida [ ] Personally Known [ ] Produced Identification (Type) Department Approval: Xxxxx Xxxxxxxx, Public Works Director

Appears in 1 contract

Samples: Revocable Encroachment Agreement

WITNESSETH. That that the parties Landlord hereby leases to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assignsTenant, and the Vendor Tenant hereby hires and takes from the Landlord the entire premises known as 00-00/00 Xxxxxxxx Xxxx., Xxxx Xxxxxx Xxxx, Xxx Xxxx per annexed survey to be used find occupied by the Tenant for itselfthe sale and lease of automobiles and related purposes, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the Cityfor no other purpose, for the consideration a term to commence on September 1, 1990 , and to end on August 31, 19 9 5, unless sooner terminated as hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisprovided, at the fees submittedANNUAL RENT of one hundred eight thousand ($108,000.00) dollars, from Septemberin the amount of $9 000.00 all payable In equal monthly Instalments/in advance on the first day of each and every calendar month during said term, 2019except the first Instalment, to December 31, 2020, Department of Public Works, a copy which shall be paid upon the execution hereof. THE TENANT JOINTLY AND SEVERALLY COVENANTS: REPAIRS ORDINANCES AND VIOLATIONS ENTRY INDEMNIFY LANDLORD MOVING INJURY SURRENDER NEGATIVE COVENANTS OBSTRUCTION SIGNS AIR CONDITIONING FIRE CLAUSE EMINENT DOMAIN LEASE NOT IN EFFECT DEFAULTS TEN DAY NOTICE F IRST-that the Tenant will pay the rent as above provIded. SECOND-That throughout said term the Tenant will take good care of the fee schedule is attached as Exhibit “A”. The use demised premises, fixtures and appurtenances, find all alterations, additions find Improvements to either ; make all repairs In and about the same necessary to preserve them In good order and condition, which repairs shall be, In quality and class, equal to the original work; promptly pay the expense of this Vendor such repairs; stiffer no waste or Injury; give prompt notice to the Landlord of any fire that may be extended for 2 additional 1 year terms occur; execute and comply with all laws, rules, orders, ordinances and regulations at any time Issued or In force (except those requiring structural alterations), applicable to the City demised premises or to the Tenant's occupation thereof, of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedFederal, or hereto attached State and made a part hereof. In Local Governments, and of each and every department, bureau and official thereof, and of the event the Vendor shall fail to comply, in any respect, with said specifications or this contractNew York Board of Fire Underwriters; permit at all times during usual business hours, the City may terminate this contract by giving Landlord and representatives of the Vendor written notice. Upon Landlord to enter the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay demised premises for the quantities thereof currently ordered purpose of inspection, and deliveredto exhibit them for purposes of sale or rental ; suffer the Landlord to make repairs and Improvements to all parts of the building, at and to comply with all orders and requirements of governmental authority applicable to said building or to any occupation thereof; suffer the end of each calendar monthLandlord to erect, upon an invoice being presented by use, maintain, repair and replace pipes and conduits in the Vendor setting forth demised premises and to the exact quantities thereof delivered during said month. The Vendor agrees to floors above and below; forever indemnify and save harmless the City Landlord for and against tiny and all liability, penalties, damages, expenses and judgments arising from all suits Injury during said term to person or actions property of every name and description brought against it for any nature, occasioned wholly or on account In part by any act or acts, omission or omissions of use the Tenant, or of patented appliances the employees, guests, agents, assigns or undertenasnts of the Tenant find also for any damages matter or injuries received or sustained by any person or persons in the performance thin.- growing out of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much occupation of the monies due itdemised premises or of the streets, him sidewalks or them under this contract as shall vaults adjacent thereto ; permit, during the six months next prior to the expiration of the term the usual notice "To Let" to be placed and to remain unmolested In a conspicuous place upon the exterior of the demised premises; repair, at or may be considered necessary before the end of the term, all Injury done by the City shall Installation or may be retained without any liability removal of furniture and property ; and at the end of the City term, to quit and surrender the Vendor for interest thereon because of such retention until demised premises with all such suits or claims shall have been settled alterations, additions and satisfactory evidence to that effect furnishedImprovements In good order and condition.

Appears in 1 contract

Samples: Fidelity Holdings Inc

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on the part of the other herein containedmutual terms, have agreedconditions, and covenants of this Agreement and the accompanying documents between Owner and Contractor and for and in consideration of payments as set forth therein, Contractor hereby do agreeagrees with the said Owner to commence and complete the following Project: US 290 WATERLINE CIP W-17 FOR THE CITY OF MANOR, TEXAS for all base bid work and all extra work in connection therewith, under the City for itselfterms as stated in the Contract Documents and at CONTRACTOR’s own proper cost and expense to furnish all the materials, its successors and assignssupplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to construct and complete US 290 WATERLINE CIP W-17 (the Vendor for itself, himself “Project” or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania“Work”), in accordance with the bid Contractor's Proposal, Instructions to Bidders, Special Provisions, Supplementary Conditions, General Conditions, Performance bond, Payment bond, Drawings, Plans and Technical Specifications and other drawings and printed or written explanatory matter thereof, and the addenda therefore, as prepared by Xxx Engineering, a Division of GBA herein entitled the Vendor for ENGINEER, and approved by the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21OWNER, 2019, submitted to the City, attached hereto as Exhibit “A” and all of which are made a part hereof and collectively evidence and constitute the following merchandise as per specifications: entire contract (the “Contract Documents”). The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete all work within Ninety (90) calendar days after the date specified in the written Notice To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond Proceed. Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. The OWNER agrees to pay the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public WorksCONTRACTOR, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use satisfactory performance of this Vendor may be extended for 2 additional 1 year terms at Agreement, in current funds the City of Readingprice or prices shown in the Contractor’s discretion. The Vendor agrees to furnish only such merchandise Proposal, which shall have fully met the specifications herein contained, or hereto attached and made forms a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or of this contract, such payments to be subject to proper completion of the contract, in the total amount of $660,821.35, (six hundred sixty thousand eight hundred twenty-one dollars and thirty- five cents), subject to proper additions and deductions (the “Contract Amount”), all as provided in the General Conditions of this Agreement. The financial obligations of the City may terminate under this Agreement shall be paid from current funds and shall be subject to funds being appropriated and budgeted in sufficient amounts to satisfy such obligations. Although drawn by the OWNER, both parties hereto expressly agree and assert that in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. The CONTRACTOR agrees that time is of the essence on this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay that for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by day of delay beyond the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it time established for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance completion of the work under specified and contracted for, the Owner may withhold permanently from the CONTRATOR’S compensation the sum of Five Hundred Dollars ($500.00) as stipulated liquidated damages for delay. In accordance with Chapter 2270, Texas Government Code, the CITY may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it: (a) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much signatory executing this contract on behalf of the monies due itcompany verifies that CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement. “To the extent this Agreement constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, him as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, CONTRACTOR represents that CONTRACTOR nor any wholly owned subsidiary, majority-owned subsidiary, parent company or them under this contract as shall or may be considered necessary affiliate of CONTRACTOR is a company listed by the City shall Texas Comptroller of Public Accounts under Sections 2270.0201, or may be retained without any liability 2252.153 of the Texas Government Code.” IN WITNESS WHEREOF, both parties have caused this Agreement to be signed in their respective corporate names by duly authorized representatives, and the parties hereby bind themselves, their successors and assigns for the faithful and full performance of the terms and provisions hereof. EXECUTED on the latest date of the signatories indicated below OWNER CONTRACTOR By: By: Title: Mayor, City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Manor Title: Printed Name. Dr. Xxxxx Xxxxxxx Jr. Printed Name: Date Signed: __ Date Signed: ATTEST: ATTEST:

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the parties to these presents each Vendor, for and in consideration of the agreements on the part sum of the other herein contained, have agreedTen and No/100 ($10.00) Dollars, and hereby do agreeother valuable consideration, the City for itselfreceipt and sufficiency whereof is hereby acknowledged, does hereby bargain, sell and convey and by these presents has bargained, sold and conveyed, unto Vendee, its successors and assigns, all of its right, title and interest in the items of building fixtures, furnishings, machinery and equipment described on Exhibit B attached hereto (the "Equipment") which are to be included in the "Project" that is to be leased by Vendee to Vendor under Lease Agreement, dated as of December I, 2012, relating to the Project, which Project is both (i) located or to be located on the parcel of land in Xxxxxx County, Georgia, described in Exhibit A, and (ii) financed by the Vendee's Taxable Revenue Bond (Masland Carpets, LLC Real Estate Project), Series 20 l 2A. Title to items of the Equipment located on such land at the time of delivery of this Xxxx of Sale shall vest in the Vendee upon delivery hereof and title to items of Equipment hereafter located on said land shall vest in Vendee immediately upon the same being located on such land. Vendor warrants not as to the merchantability or "fitness for purpose" of the Equipment or as to any encumbrances thereon. Vendee shall accept, as of the date Vendee acquires title thereto, each such item of such property in "as is, where is" condition and subject to the interests, if any, of third parties therein. Vendor acknowledges and agrees that any indebtedness or payment obligation of Vendor that may be secured by or related to any such items of Equipment shall not become an indebtedness or payment obligation of the Vendee, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, shall remain responsible for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedpayment thereof.

Appears in 1 contract

Samples: Bill of Sale (Dixie Group Inc)

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on the part acceptance of the other Contractor's bid, and the award of this contract to said Contractor by the Commission, and in consideration of the following cost of $45.00 per mowing service to include: Mowing of the Courthouse Lawn at 3”, only as needed Trimming around all trees, etc within the Courthouse Lawn Trimming/Edging around the sidewalks Blowing of cut grass off of sidewalks and entry ways Cleanup and bagging when necessary and in further consideration of the agreements of the parties herein contained, have agreedto be well and truly observed and faithfully kept by them, and hereby do agreeeach of them, it is agreed between the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, parties as follows, to wit: The Vendor covenants, promises and Contractor must obtain written authorization from the Commission prior to performing any additional services listed on the bid document. The Contractor agrees to cooperate and correlate his mowing with the City, for County Clerk’s office so as not to impede the consideration hereinafter mentioned and contained, County’s ability to furnish as directed have court hearings. The Contractor further agrees to take every precaution to not cause grass to be blown from the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs mower onto cars that are above and beyond parked around the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehiclescourthouse square. This would be on an as and/or needed basisThe Contractor hereby agrees to do or furnish, at his own expense, all labor, materials and equipment called for in the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”proposal. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor Contractor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall promptly pay for the quantities thereof currently ordered all labor employed and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons materials used in the performance of the work under the this contract. The Vendor Contractor further agrees that in case he is fully informed regarding all the conditions affecting the work to be done, and labor and materials to be furnished for the completion of this contract, and that this information was secured by personal investigation and research and not from any such suits estimates of any member, official or actions are brought or threatened all or as much employee of the monies due itCommission; and that he will make no claim against the Commission by reason of the estimated, him tests, or them representation of any officer, agent, or employee of the Commission. The work shall be done under the direct supervision and to the complete satisfaction of this Commission for the duration of the 2020 mowing season. If for any reason either party wishes to end this agreement prior to the end of the mowing season, written notice must be given fourteen days in advance of the termination date. The parties hereto agree that this contract as in all things shall or may be considered necessary governed by the City shall or may be retained without any liability laws of the City State of Missouri. The Contractor expressly warrants that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the Vendor same to be obtained upon compensation on any way contingent, in whole or in part, upon such procurement. He further agrees that any breach of this warranty shall constitute adequate cause for interest thereon because the annulment of such retention until all such suits this contract by the Commission and that the Commission may retain to its own use from any sums due to become due hereunder an amount equal to any brokerage, commission or claims shall have been settled percentage so paid, or agreed to be paid. The Commission agrees to pay the Contractor in the manner and satisfactory evidence to that effect furnishedin the amount provided in said specification and proposal upon receipt of an invoice.

Appears in 1 contract

Samples: Mowing Agreement

WITNESSETH. That the parties to these presents each for and in consideration of the payments and agreements on hereinafter mentioned, to be made and performed by the part Party of the other herein contained, have agreedFirst Part (OWNER), and hereby do agreeunder the conditions expressed in the bond bearing even date herewith, the City for itselfsaid Party of the Second Part (CONTRACTOR), its successors hereby agrees with the said Party of the First Part (OWNER) to commence and assigns, and complete the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, construction of certain improvements described as follows: The Vendor covenantsProject No. 12-11-01 MBESI Project No. 10250022 Project Name: 00xx Xxxxxx Xxxxxxxxx Replacement and all extra work in connection therewith, promises under the terms as stated in the General Conditions of the Agreement and agrees to at his (or their) own proper cost and with the City, for the consideration hereinafter mentioned and contained, expense to furnish as directed all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the City of Reading, Pennsylvaniasaid construction, in accordance with the bid conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Bidders, General and Special Conditions of Agreement, Technical Specifications, Plans and other drawings and printed or written explanatory matter hereof, and the Vendor for Specifications and addenda therefor, as prepared by the Request for Qualifications for Maintenance City Engineer and/or XxXxxxx & Xxxxxx Engineering/Surveying Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and Repairs for City Wide Fleet Vehicles dated August 21the agreement, 2019, submitted to and the City, attached Performance and Payment Bonds hereto as Exhibit “A” and attached; all of which are made a part hereof and collectively evidence and constitute the following merchandise entire contract. The CONTRACTOR hereby agrees to commence work on the date specified in the written "Notice to Proceed" from the City, and to substantially complete the work within the contract duration specified in the proposal, measured from the date given in the "Notice to Proceed", subject to such extensions of time as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the General and Special Conditions. The Owner pursuant to this Contract will be represented by the City of ReadingEngineer, herein sometimes referred to as the Owner’s Division of Fleet Managementrepresentative, Department of Public Works, who has the authority to act for the City of Reading’s City Wide Fleet VehiclesOwner with regard to this Contract. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy The Owner shall retain 5% of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall total Contract price until all inspections, including TDLR/ADA inspections (if applicable) have fully met the specifications herein containedbeen completed, or hereto attached and made a part hereof. In the event the Vendor shall fail to complyapproved, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented respective agencies to insure compliance by the Vendor setting forth the exact quantities thereof delivered during said monthcontractor for Owner. The Vendor OWNER agrees to indemnify and save harmless pay the City from all suits CONTRACTOR in current funds the price or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons prices shown in the performance proposal, which forms a part of this contract, such payments to be subject of the work under General and Special Conditions of the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.

Appears in 1 contract

Samples: Form of Agreement

WITNESSETH. That is the parties owner of real property commonly known as described in a deed from , dated , , recorded in the County Clerk’s Office in (CRFN/LIBER/REEL and Page#) , described in Schedule B attached hereto (hereinafter referred to these presents each as the “ premises”). is the owner of real property adjoining the premises westerly and more particularly described in consideration Schedule B attached hereto (hereinafter referred to as the “Xxxxx premises"). A survey of the agreements premises prepared by , Land Surveyor, dated , discloses fences between the premises and the premises inside the premises. One of those fences that is shown on the part survey which appears to belong to the encroaches onto the premises and therefore it premises (" fence"). hereby grants to permission for the fence to remain so situate for as long as it shall stand in good condition. If the fence is in need of inspection, painting and/or repair, expressly grants a limited license to enter the premises to inspect, paint and/or repair the fence. xxxxxx expressly understands and agrees that the fence encroaches upon the premises and that the fence may remain so long as it shall stand in good condition. If the fence needs to be inspected, painted and/or repair, has only a limited license to enter the premises for such inspections, painting and/or repair. If , his heirs, successors and/or assigns desires to remove and replace the fence, , his heirs, successors and/or assigns expressly grants a license to , his heirs, successors and/or assigns to enter the premises to remove same, upon the express condition, that shall upon replacement move the placement of the other herein contained, have agreed, and hereby do agree, fence back to the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or division line between their executors and administratorsrespective premises, as follows: The Vendor covenants, promises and agrees to and with shown on the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is survey attached as Exhibit “A”A hereto, and restore the land by filling in any holes or other damage by the removal of same. The use parties agree to the recording of this Vendor may be extended for 2 additional 1 year terms at agreement in the City County Clerk's Office against the and premises in order to memorialize of Reading’s discretionrecord the understanding between the parties. The Vendor agrees to furnish only such merchandise which shall have fully met Upon removal and relocation of the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contractfence, the City may terminate parties agree to record a Termination of Encroachment Agreement against the premises to remove this contract by giving the Vendor written noticeagreement of record. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.and

Appears in 1 contract

Samples: Encroachment Agreement

WITNESSETH. That the parties to these presents each For and in consideration of the agreements on sums to be paid as rent in the part of the other manner herein contained, have agreed, and hereby do agree, the City for itself, its successors and assignsprovided, and the Vendor for itselfTenant's agreement to faithfully keep and perform the agreements, himself or themselvespromises, its successorscovenants and conditions hereinafter stipulated, or his or their executors the Landlord has and administratorsdoes by these presents lease, as follows: The Vendor covenants, promises let and agrees to and with demise unto the City, for Tenant the consideration hereinafter mentioned and contained, to furnish as directed to building (the City of Reading, Pennsylvania, “Building”) constructed on the land legally described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” “(the “Land”), subject to any declarations, restrictive covenants, or reciprocal easements to which Landlord may, now or hereafter, subject the Land or the Building (collectively, the “Declaration”) and made a part hereof the following merchandise as per specifications: To provide both routine maintenance building constructed on the Land (the “Building”), and repairs, as well as emergency repairs that are above all other improvements located in the Building and beyond the routine maintenance and repairs that are provided owned by the City Seller including without limitation parking areas, driveways, sidewalks, lighting, landscaped and sodded areas, utility and drainage facilities, equipment, personal property, and fixtures (collectively, the “Improvements”) (collectively, the Building and Improvements are herein the “Premises”). Herein, the Premises and the Land are collectively the (“Property”). In furtherance of Readingthe foregoing, notwithstanding anything herein to the contrary, Landlord hereby reserves the right to subject the Property to any Declaration which is not inconsistent with the rights and privileges granted to Tenant hereunder; Tenant hereby acknowledges such reservation and agrees that this Lease and all of Xxxxxx’s Division rights hereunder shall at all times be subject and subordinate to the provisions of Fleet Managementany Declaration; and Tenant hereby agrees to execute, Department of Public Works, acknowledge and deliver any such document and to take any such actions as Landlord may reasonably request in order for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019any such Declaration to take and remain in effect, to December 31be amended or modified, 2020or for Landlord to take any other action with regard thereto, Department and for any such Declaration, amendment, modification or other document to be recorded in the public records of Public WorksOrange County, Florida; provided, however, the need for Tenant’s consent or approval to any such Declaration, amendment, modification or any other action with regard thereto shall not be deemed necessary as a copy of the fee schedule is attached as Exhibit “A”. The use result of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretionSection. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor If Tenant shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case deliver any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.document within fifteen

Appears in 1 contract

Samples: Cover Page

WITNESSETH. That Pursuant to a bid placed at real property auction conducted by Agent on behalf of Seller and the parties terms and conditions agreed upon by Xxxxx in conjunction with Buyer placing a bid for purchase, Seller hereby agrees to these presents each sell to Buyer, and Xxxxx hereby agrees to purchase from Seller, subject to the conditions hereinafter set out, the following described premises: Land and improvements located at 0000 Xxxxxxx 00X, Xxxxxxxxx, XX situated in Fifth Civil District of McMinn County, TN and being all of Lot one as shown on the plat of Emerald Hills I, recorded in Plat Book 8, Page 69, in the Register’s Office for Bradley County, TN, the PROPERTY. In consideration of the agreements on the $ , paid by Xxxxx as xxxxxxx money and part of the other herein contained, have agreed, and hereby do agreepurchase price, the City for itselfXXXXXXX MONEY, its receipt of which is hereby acknowledged, this contract is made binding on both parties, their heirs, executors, successors and and/or assigns, and the Vendor for itself, himself . Seller shall deliver to Buyer a SPECIAL or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed LIMITED WARRANTY deed conveying fee simple title to the City Property to Buyer free and clear of Readingall encumbrances, Pennsylvaniaexcept as stated herein, in accordance with being: CURRENT YEAR PROPERTY TAXES WHICH WILL BE PRO-RATED AS OF CLOSING; ANY RECORDED OR VISIBLE ROAD-WAY RIGHTS OF WAY, RAILROAD OR UTILITY EASEMENTS; SUB-DIVISION OR OTHER RESTRICTIONS OF RECORD; ZONING; AND ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORD BUT WHICH COULD BE ASCERTAINED BY AN ACCURATE SURVEY OF THE LAND OR BY MAKING INQUIRIES OF PERSONS IN POSSESSION THEREOF. ALL EXCEPTIONS BOTH STANDARD AND SPECIAL AS SHOWN ON COMMITMENT FOR TITLE OBTAINED BY SELLER BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY DATED FEBRUARY 8, 2010, FILE NO: LB187001443. SELLER SHALL PURCHASE OWNER’S TITLE INSURANCE POLICY FOR BENEFIT OF BUYER AT CLOSING. BUYER SHALL PAY ANY AND ALL TRANSFER TAXES AND/OR RECORDING FEES IN CONJUNCTION WITH THE DEED. XXXXXX FOR THE PROPERTY MAY BE PROCURED BY BUYER AT BUYER'S SOLE OPTION AND EXPENSE. Buyer shall, within 20 days after the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use date of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees contract or prior to furnish only such merchandise which shall have fully met the specifications herein containedclosing, or hereto attached and made a part hereof. In the event the Vendor shall fail to complywhichever is first, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and deliveredproperty $ (INCLUDES 10% BUYER'S PREMIUM) , at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contractfollowing terms: 10% DOWN WITH THE SIGNING OF THIS CONTRACT; BALANCE DUE ON CLOSING WITHIN 20 DAYS. The Vendor further agrees THIS IS A CASH TRANSACTION - CLOSING NOT SUBJECT TO BUYER SECURING FINANCING. NO EXTENSION SHALL BE GRANTED FOR CLOSING THIS PROPERTY. THIS PROPERTY IS SOLD “AS IS, WHERE IS, AND WITH ALL FAULTS” WITH NO WARRANTIES EITHER IMPLIED OR EXPRESS WITH REGARD TO ITS CONDITION EXCEPT WARRANTY OF TITLE AS PROVIDED HEREIN. Buyer acknowledge that in case any such suits or actions all properties are brought or threatened being sold at public auction, subject to all or as much existing covenants, conditions, restrictions, reservations, exploration rights, easements, rights of the monies due itway, him or them under this contract as assessments, zoning, and all other land use restrictions. Deed shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.made to: AS DIRECTED IT IS FURTHER MUTUALLY AGREED

Appears in 1 contract

Samples: Sales Contract

WITNESSETH. That the said parties to these presents each of the first part, in consideration of the agreements tents and covenants hereinafter mentioned, do hereby demise, lease and let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said parties of the first part the premises situated at 0000 Xxxxxxx Xxxxxxxxx, Goodview, Minnesota, legally described as Lots Four (4) and Five (5), Block One (1), Goodview Industrial Park. TO HAVE AND TO HOLD the above rented premises unto the said Lessee, its successors and assigns, just as they are, without any liability or obligation on the part of said Lessors of making any alterations, improvements or repairs of any kind on or about said premises, except as expressly provided herein, for and during the full term of ten (10) years from and after September 1, 1996, and thereafter from year to year until terminated by either party by providing the other herein containedparty with written notice of such party's election to terminate the lease not less than 180 days prior to the expiration of the term (as the term may be extended year to year as provided herein), have agreedfor the following purposes, to-wit: Offices and manufacturing or other similar lawful uses. And the said Lessee agrees to and with the said Lessors to pay as rent for the above mentioned premises the sum of Seventeen Thousand One Hundred Fifty and no/100 ($17,150.00) Dollars per month during the full term of this lease. Lessee shall be afforded reasonable access to the leased premises before September 1, 1996, to make improvements and prepare the premises for its use, provided Lessee shall not interfere with occupancy and use of the leased premises by Lessors and their current tenant. If Lessors and their current tenant vacate part of the leased premises before the commencement date of this lease specified above, and hereby do agreeLessee elects to occupy and use such vacated part, this lease shall commence with the City date such use begins, and the rent specified herein shall be equitably prorated for the period before the specified commencement date. The Lessee, for itself, its successors and assigns, and hereby covenants with the Vendor for itselfLessors, himself or themselvestheir heirs, its successorsexecutors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.assigns:

Appears in 1 contract

Samples: Lease (Benchmark Electronics Inc)

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WITNESSETH. That the parties to these presents each Mortgagor, for and in consideration of the agreements on the part of the other herein containedforegoing paragraph, have agreeddoes by these presents grant, bargain, sell, and hereby do agree, the City for itselfconvey to Mortgagee, its successors heirs, executors, administrators, successors, and assigns, forever, all the following described real estate in County, North Dakota, described as follows, to wit (“Property”): Legal Description: TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and the Vendor for itselfappurtenances thereunto belonging or in anywise appertaining, himself or themselvesunto Mortgagee, its heirs, executors, administrators, successors, or his or their executors and assigns, FOREVER. And Mortgagor hereby covenants with Mortgagee, its heirs, executors, administrators, successors, and assigns, as follows: The Vendor covenantsThat Mortgagor has good right to convey the same, promises that the same are free from all encumbrances (except for matters of record as of the date hereof) and agrees that Mortgagee, its heirs, executors, administrators, successors, and assigns, shall quietly enjoy and possess the same, and that Mortgagor will warrant and defend the title to the same against all lawful claims, hereby relinquishing and with conveying all right of homestead, and all contingent claims and rights whatsoever in and to the CityProperty. PROVIDED, for the consideration hereinafter mentioned NEVERTHELESS, That if Mortgagor, its heirs, executors, or administrators, shall well and containedtruly pay, or cause to be paid, to furnish as directed Mortgagee, its heirs, executors, administrators, successors, or assigns, the amounts due under the Agreements according to the City conditions thereof and shall also keep and perform all and singular the Obligations, then this Mortgage to be null and void, and the Property hereby conveyed to be released at the cost of ReadingMortgagor; otherwise to remain in full force and effect. F:\WPDATA\FORMS\FORMS\DOT MTG PROJECT\ND BAIL FORM 10 And Mortgagor does covenant and agree with Mortgagee, Pennsylvaniaits heirs, executors, administrators, successors, and assigns to pay such amounts as above specified; to pay as a part of the debt hereby secured, in accordance case of each or any foreclosure or commencement of foreclosure of this mortgage, all costs and expenses and statutory attorneys’ fees in addition to all sums and costs allowed in that behalf by law; to permit no waste, and to do or permit to be done, to the Property, nothing that may in any manner impair or weaken the security under this Mortgage; to pay all taxes or assessments that may be assessed against or be a lien on the Property, or any part thereof, or upon this Mortgage or the Agreements or the legal holder thereof, before the same shall become delinquent; to keep the buildings on the Property adequately insured, in companies acceptable to Mortgagee, with the bid loss payable to Mortgagee or its assigns; and in case of failure so to pay such taxes or assessments, or any of the Vendor for Obligations, or in case there exists any claim, lien, or encumbrance upon the Request for Qualifications for Maintenance Property, which is prior to this Mortgage, Mortgagee, its heirs, executors, administrators, successors, or assigns may at its option, pay and Repairs for City Wide Fleet Vehicles dated August 21discharge such taxes or other obligation, 2019and the sum or sums of money that may so be paid, submitted with interest from the time of payment at 10% per annum (but in no event higher than the highest rate allowed by law), shall be deemed and are hereby declared to be a part of the debt secured by this Mortgage and shall be immediately due and payable. Mortgagor assigns to Mortgagee all of the rents, issues, and profits of the Property. So long as there is no default by Mortgagor in the performance or observance of any Obligations secured by this Mortgage, Mortgagor shall have the right to collect the rents, issues, and profits, but no more than one month in advance. This paragraph constitutes an absolute and present assignment of the rents, issues, and profits of the Property, subject, however, to a conditional license given to Mortgagor to collect and use same to the Cityextent provided above. But if default shall be made in the payment of such sum of money, attached hereto as Exhibit “A” and made a or interest, or the taxes, or any part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisthereof, at the fees submittedtime and in the manner hereinbefore or hereinafter specified for the payment thereof, from SeptemberMortgagor, 2019in such cases does hereby authorize and fully empower Mortgagee, its heirs, executors, administrators, successors, or assigns, to December 31sell the Property and convey the same to the purchaser, 2020in fee simple agreeably to the statute in such case made and provided, Department and out of Public Worksthe moneys arising from such sale to retain the principal and interest that shall then be due under this Mortgage and the Agreements, and all taxes upon such lands, together with all costs and charges, and statutory attorneys’ fees, and pay any surplus to Mortgagor, its heirs, executors, administrators, or assigns. If default be made by Mortgagor in any of the foregoing provisions or any of the Obligations it shall be lawful for Mortgagee, its heirs, executors, administrators, successors, or assigns or its attorney to declare the whole sum above specified to be due. If any provision or clause of this Mortgage or the Agreements conflict with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreements that can be given effect without the conflicting provision. To this end the provisions of this Mortgage are declared to be severable. IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first above written. WITNESSES: MORTGAGOR: [if Mortgagor is married, husband and wife must sign] F:\LNIC\WPDATA\FORMS\FORMS\DOT MTG PROJECT\ND BAIL FORM 00 XXXXX XX XXXXX XXXXXX, XXXXXX I HEREBY CERTIFY, that on , 20 _, before me, a copy Notary Public of the fee schedule is attached as Exhibit “A”. The use State of this Vendor may North Dakota, personally appeared and , known to me (or satisfactorily proven) to be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees person whose name(s) is/are subscribed to furnish only such merchandise which shall have fully met the specifications herein containedwithin Instrument, or hereto attached and made a part hereof. In who acknowledged that he [she/they] executed the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay same for the quantities thereof currently ordered purpose therein contained. WITNESS my hand and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said monthNotarial Seal. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Notary Public My Commission Expires:

Appears in 1 contract

Samples: Mortgage

WITNESSETH. That Landlord hereby leases to Tenant and Tenant hereby hires from Landlord, the parties to these presents each in consideration entire twentieth (20th) floor, and a portion of the agreements seventeenth (17th) floor for Tenant's Generator as provided in Article 53 and as shown on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached floor plans annexed hereto as Exhibit “A” and made a part hereof as Exhibits A and A-1 and the following merchandise as per specifications: To provide both routine maintenance and repairssetback space on the Beaver Street side of the Building, as well delineated as emergency repairs that are above and beyond setback 1 on the routine maintenance and repairs that are provided by Setback Plan attached hereto as Exhibit A-2 (collectively the "Demised Premises" or "demised premises", whether capitalized or not) in the building known as 67 a/k/a 00 Xxxxx Xxxxxx in the Borough of Manhattan, City of Reading’s Division of Fleet ManagementNew York (the "Building" or "Building", Department of Public Workswhether capitalized or not), for the City term of Reading’s City Wide Fleet Vehicles. This would be approximately fifteen (15) years and six (6) months (or until such term shall sooner cease and expire as hereinafter provided) which shall commence upon the unconditional execution of this Lease by Landlord and Tenant (the "Commencement Date") and shall expire nevertheless on an as and/or needed basisthe last day of the one hundred eighty-sixth (186th) calendar month following the Commencement Date (the "Expiration Date"), both dates inclusive, at annual rental rates, as provided in the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or Rent Schedule annexed hereto attached and made a part hereof. In hereof as Exhibit B (the event "fixed rent" or "Fixed Rent" or "Fixed Annual Rent," whether capitalized or not), which Tenant agrees to pay in lawful money of the Vendor United States which shall fail to complybe legal tender in payment of all debts and dues, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested public and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and deliveredprivate, at the end time of payment, in equal monthly installments in advance on the first day of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered month during said monthterm, at the office of Landlord or such other place as Landlord may designate, without any set off, counterclaim or deduction whatsoever. The Vendor agrees to indemnify and save harmless the City from all suits or actions first (1st) monthly installment of every name and description brought against it for or on account fixed rent shall be paid upon execution of use of patented appliances or for any damages or injuries received or sustained this Lease by any person or persons in the performance of the work under the contractTenant. The Vendor further agrees that in case any such suits or actions are brought or threatened all or parties hereto, for themselves, their heirs, distributees, executors, administrators, legal representatives, successors and assigns, hereby covenant as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.follows:

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

WITNESSETH. That the said parties to these presents each of the first part, in consideration of the agreements tents and covenants hereinafter mentioned, do hereby demise, lease and let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said parties of the first part the premises situated at 4155 Theurer Boulevard, Goodview, Minnesota, legally described as Xxxx Xxxx (0) and Five (5), Block One (1), Goodview Industrial Park. TO HAVE AND TO HOLD the above rented premises unto the said Lessee, its successors and assigns, just as they are, without any liability or obligation on the part of said Lessors of making any alterations, improvements or repairs of any kind on or about said premises, except as expressly provided herein, for and during the full term of ten (10) years from and after September 1, 1996, and thereafter from year to year until terminated by either party by providing the other herein containedparty with written notice of such party's election to terminate the lease not less than 180 days prior to the expiration of the term (as the term may be extended year to year as provided herein), have agreedfor the following purposes, to-wit: Offices and manufacturing or other similar lawful uses. And the said Lessee agrees to and with the said Lessors to pay as rent for the above mentioned premises the sum of Seventeen Thousand One Hundred Fifty and no/100 ($17,150.00) Dollars per month during the full term of this lease. Lessee shall be afforded reasonable access to the leased premises before September 1, 1996, to make improvements and prepare the premises for its use, provided Lessee shall not interfere with occupancy and use of the leased premises by Lessors and their current tenant. If Lessors and their current tenant vacate part of the leased premises before the commencement date of this lease specified above, and hereby do agreeLessee elects to occupy and use such vacated part, this lease shall commence with the City date such use begins, and the rent specified herein shall be equitably prorated for the period before the specified commencement date. The Lessee, for itself, its successors and assigns, and hereby covenants with the Vendor for itselfLessors, himself or themselvestheir heirs, its successorsexecutors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.assigns:

Appears in 1 contract

Samples: Lease (Benchmark Electronics Inc)

WITNESSETH. That the parties said Owners agree to these presents each let, and the said Charterers agree to hire the said vessel, from the time of delivery, for about an open ended period exact period in consideration of Charterers' Option, Owners have option to convert t/c to 12 months fixed rate t/c by giving Charterers 90 days notice, trading always via safe anchorage(s), safe berth(s), safe port(s), always afloat and always within Institute Warranty Limits, with lawful harmless bulk cargoes which to be loaded, stowed, carried, discharged in accordance with IMO recommendations and/or any other local/national regulations and always in conformity with Vessel's class certificate requirements. within below mentioned trading limits. Charterers to have liberty to sublet the agreements on the vessel for all or any part of the time covered by this Charter, but Charterers remaining responsible for the fulfillment of this Charter Party. Acceptance of delivery shall not constitute a waiver of Owners' obligations under this Charter. Vessel to be placed at the disposal of the Charterers, at on dropping last outward sea pilot one safe port Singapore/Japan range at any time, day or night, Sunday and Holidays included in such dock or at such wharf or place (where she may safely lie, always afloat, at all times of tide, except as otherwise provided in clause No.6), as the Charterers may direct. If such dock, wharf or place be not available time to count as provided for in clause No.5. Vessel on her delivery to be ready to receive cargo with clean-swept, holds and tight, staunch, strong and in every way fitted for the service, having water ballast, winches and donkey boiler with sufficient steam power, or if not equipped with donkey boiler, then other herein contained, have agreed, and hereby do agree, power sufficient to run all the City for itself, its successors and assigns, winches at one and the Vendor same time (and with full complement of officers, seamen, engineers and firemen for itselfa vessel of her tonnage), himself to be employed, in carrying lawful xxxxxxx- xxxx, including petroleum or themselvesits products, its successorsin proper containers, or his excluding as per Rider Clauses……………………………………………………. (vessel is not to be employed in the carriage of Live Stock, but Charterers are to have the privilege of shipping a small number on deck at their risk, all necessary fittings and other requirements to be for account of Charterers), in such lawful trades, between safe port and/or ports in British North America, and/or United STaqtes of America, and/or West Indies, and/or Central America, and/or Caribbean Sea, and/or Gulf of Mexico, and/or Mexico, and/or South America……………………………………………………………………………………….and/or Europe and/or Africa, and/or Asia, and/or Australia, and/or Tasmania, and/or New Zealand, but excluding Xxxxxxxxx River, River St. Xxxxxxxx between October 31st and May 15th, Xxxxxx Bay and all unsafe ports; also excluding, when out of season, White Sea, Black Sea and the Baltic Trading Exclusions – As per Rider Clauses …………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… as the Charterers or their executors and administratorsAgents shall direct, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof on the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.:

Appears in 1 contract

Samples: DryShips Inc.

WITNESSETH. That THAT, WHEREAS, it is the parties to these presents each in consideration desire of the agreements on the part Applicant to use certain areas of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assignsXxxxxx Xxxxxxx Center, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid Applicant has confirmed reservation of the Vendor following space(s) Date: Type of Event by submitting $ which is at least one-half the base rental fee and a refundable damage payment of $ . Lessee understands that additional fees may be applicable dependent on Applicant’s needs and Lessor’s requirements. Applicant understand that because Lessor is reserving this date for Lessee and will make the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to space(s) on the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are date(s) indicated above and beyond the routine maintenance and repairs that are provided reserved by the City of Reading’s Division of Fleet ManagementLessee unavailable for rental by others, Department of Public Worksand that if the space were available, for the City of Reading’s City Wide Fleet Vehiclesspace could have been rented to others. This would be on an as and/or needed basisTherefore, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereofTHE PAYMENT IS NON-REFUNDABLE. In the event that circumstances cause the Vendor shall fail Applicant to complycancel said event, in upon receipt of written notice of cancellation by Applicant, Lessor will attempt to rebook the space(s) on the date(s) reserved by Applicant. If Lessor is able to rebook said space(s), then the Applicant will receive a refund of the payment made less any respectextraordinary administrative costs, with said specifications or this contract, if any. This agreement also serves as receipt of the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted payment made by the proper City employees as meeting with the specifications Applicant. Said space(s) and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end date(s) will be reserved upon receipt of each calendar month, upon an invoice being presented this agreement signed by the Vendor setting forth the exact quantities thereof delivered during said monthApplicant. The Vendor Lessee has been advised or provided with: Policies & Procedures Services & Equipment Rate Schedule Insurance Requirements Catering Information Box Office Policies Fact Sheet Event Application Reservation Commitment Form Applicant hereby agrees to indemnify accept the responsibility to read and save harmless understand all policies and other information provided; complete the City from event application provided; sign the blank floor plan acknowledging that you understand the space your are leasing; sign the Xxxxxx Xxxxxxx Center lease agreement; timely remit the aforementioned and all suits or actions of every name other information required by Sales and; once the Event Coordinator is assigned, schedule and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in keep an appointment to advance the performance of the work under the contract. The Vendor further agrees reserved date with that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City Event Coordinator at least sixty (60) days prior to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.event so Lessor can create the following :

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the The parties to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereto do hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, mutually agree as follows: The Vendor covenants, promises Subcontractor represents that Contractor has made available to the Subcontractor the opportunity to view the Contract in its entirety and that Subcontractor is fully familiar with all the terms and conditions of the Contract and therefore the Subcontractor agrees to be bound by all the terms and conditions thereof with the same force and effect as if the same were set forth at length herein and agrees to carry out this Subcontract fully and with the Cityfaithfully. The Subcontractor agrees to furnish all labor, for the consideration hereinafter mentioned materials, tools, equipment, appliances and containedall other things necessary including, but not limited to, submittals, start -up, and close-out paperwork such as operations and maintenance manuals or tests, to furnish as directed to complete the City of Reading, Pennsylvania, following described work in accordance with the bid terms of this Subcontract, and any and all general conditions, plans, specifications, amendments or addenda to same, or bulletins issued in connection therewith, and all drawings and details, and any and all other instruments comprising the Contract for the performance of RIDER "A" - SCOPE OF WORK (attached). The Contractor agrees to pay the Subcontractor in full therefore, representing the Subcontractor's total compensation and expenses hereunder, SEE RIDER "A", which total sum is herein called the "Subcontract Price." All guarantees and warranties shall be in strict accordance with the Contract documents but no instance will the warranty be for less than one (1) year after acceptance by the Owner. FURTHER AGREED as follows: The Contractor shall make payments to the Subcontractor once each month in the amount of 90% of the Vendor estimate submitted by the Subcontractor and approved by the Contractor and Owner for which payment has been received by the Request Contractor from the Owner, for Qualifications work performed during the previous month. In exchange for Maintenance payment Subcontractor shall also furnish, as required by Contractor or Owner. In its sole, unaided option and Repairs discretion, such partial or final receipts. lien waivers, releases, verified payroll reports as Contractor or Owner deems necessary to ensure, among other things, that Subcontractor has paid all persons furnishing any labor, material, or services in furtherance of any Work furnished hereunder. Subcontractor's furnishing of such receipt, lien waiver, or release or any combination of them, shall be a condition precedent to Contractor's duty to make any payment hereunder. Moreover, no prior failure by Contractor or Owner to require any such receipt, release, or waiver or any combination of them shall limit Contractor or Owner is right to require any of them subsequently in relation to any payment application by Subcontractor. Subcontractor accepts that prior to receiving payment, Subcontractor shall provide as part of Subcontract work all documentation necessary to Contractor for City Wide Fleet Vehicles dated August 21, 2019, submitted Contractor to apply for payment on behalf of Subcontractor. Final payment shall be made to the CitySubcontractor thirty (30) days after completion of its work and acceptance and payment thereof by the Owner and upon the Contractor's receipt of the Subcontractor's General Rele ase to the Contractor and Owner, attached hereto as Exhibit “A” and made a affidavits showing that all labor and material furnished by the Subcontractor or anyone employed by the Subcontractor has been fully paid for. No such payment shall be conclusive evidence of the Subcontractor's performance of all or any part hereof of this Subcontract. The Subcontractor shall be fully responsible for all such obligations and any other clai m or liens against it, its work, the following merchandise as per specifications: To provide both routine maintenance Owner, the Contractor, the Co nstruction or the premises involved, chargeable to the Subcontractor or its subcontractors. The Subcontractor's responsibilities under this agreement shall survive the completion and repairs, as well as emergency repairs that are above acceptance of its work and beyond the routine maintenance payment thereof. Subcontractor is required to execute and repairs that are submit an executed original release to Contractor in exchange for partial and final payments. Releases will be provided by Contractor to Subcontractor. All requisitions (including both partial and final) shall include the City Subcontract Number & the job number as indicated in the body of Reading’s Division of Fleet Managementthis Agreement. Payment to the Subcontractor will not be released until the submitted requisition meets these requirements. Original requisitions along with weekly certified payrolls, Department of Public Worksdaily labor reports and any other applicable paperwork must be sent to ACS System Associates, for the City of Reading’s City Wide Fleet VehiclesInc. located at 000 X Xxxxxxx Xxxxxx, Xx. This would be on an as and/or needed basisXxxxxx, NY 10550, Tel: (000) 000-0000 Fax: (000) 000-0000. If ACS does not receive said paperwork or if paperwork is incorrect, ACS System Associates, Inc. may choose, at the fees submitted, from September, 2019their discretion, to December 31, 2020, Department hold 100% of Public Works, a copy of the fee schedule is attached as Exhibit “A”Subcontractors new invoice(s). The use Agencies hold us responsible for Payment of this Vendor Prevailing Wages to the workers and compliance with PLA Contract (where applicable), hence, ACS System Associates, Inc. will periodically (approximately once a week) be requesting copies of cancelled payroll checks directly corresponding with specified payroll reports. Additionally, periodic field interviewing may be extended for 2 additional 1 year terms at performed with your personnel. These procedures are necessary to ensure that all parties involved are in compliance with the City of Reading’s discretionLabor Laws. Please understand that ACS System Associates, Inc. is not implying any wrong doing by any subcontractor. The Vendor Subcontractor agrees to furnish only such merchandise which shall have fully met all labor, materials, tools, equipment, appliances and all other things necessary to complete the specifications herein containedfollowing described work in accordance with the terms of this Subcontract, and any and all general conditions, plans, specifications, amendments or addenda to same, or hereto attached bulletins issued in connection therewith, and made a part hereof. In all drawings and details, and any and all other instruments comprising the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay Contract for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under RIDER "A" - SCOPE OF WORK (attached). All guarantees and warranties shall be in strict accordance with the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of Prime Contract documents but no instance will the monies due it, him or them under this contract as shall or may warranty be considered necessary for less than one (1) year after acceptance by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Owner. FURTHER AGREED as follows:

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part sum of the One ($1.00) Dollar, cash in hand paid and other herein contained, have agreed, good and hereby do agreevaluable considerations, the City for itselfreceipt of which is hereby acknowledged, the Grantor(s) hereby grants to the Grantee, its successors and assignsassigns a permanent easement for construction, operation, and maintenance of a sidewalk, bikeway and/or other pedestrian way upon and across the Vendor for itself, himself or themselves, its successors, or his or their executors lands and administratorsproperty of the Grantor(s), as follows, to-wit: The Vendor covenantsAn easement for a sidewalk, promises and agrees to and with bikeway, and/or other pedestrian way containing square feet or acres, more or less, situated in the City, for the consideration hereinafter mentioned and contained, to furnish as directed to Borough of the City of ReadingChesapeake, PennsylvaniaVirginia, which is designated as “Pedestrian Access Easement” on the attached exhibit entitled, “ ,” dated , made by marked “Exhibit A.” The easement is located on the same property conveyed to the Grantor(s) by deed from , dated , and recorded in accordance with the bid Clerk’s Office of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by Circuit Court of the City of ReadingChesapeake, Virginia, in Deed Book , at page . The form of this document prepared by Chesapeake City Attorney’s Division of Fleet Management, Department of Public Works, for the Office TAX ID _____________________________ The description was prepared by (If applicable) Return to: Development & Permits-Engineering 3rd Floor City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisChesapeake 000 Xxxxx Xxxx Xxxxxxxxxx, at XX 00000 Sept. 2021 Page 1 Public Pedestrian Access Easement Agreement IT IS AGREED between the fees submittedparties hereto that the Grantee shall have the right to inspect the said sidewalk, from Septemberbikeway, 2019or pedestrian way and to cut and clear all plants, to December 31trees or shrubs and other obstructions in and along the said sidewalk, 2020, Department of Public Works, a copy bikeway or pedestrian way or adjacent thereto that may in any way endanger or interfere with the proper use of the fee schedule is attached as Exhibit “A”same. No physical obstructions including, but not limited to, fences, sheds, landscaping or trees will be placed within the easement at any time. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor Grantor(s) agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In that in the event the Vendor shall fail City determines it is necessary to comply, in remove any respect, with said specifications or this contractobstruction(s), the Grantor(s) will promptly pay the City may terminate this contract by giving all costs associated with the Vendor written removal of the obstruction(s). This conveyance is made expressly subject to all unexpired restrictions, reservations, and easements of record, if any, constituting constructive notice. Upon WITNESS the said merchandise being duly tested following signatures and accepted by the proper City employees as meeting with the specifications and conditionsseals: (SEAL) (SEAL) COMMONWEALTH OF VIRGINIA CITY OF CHESAPEAKE, to-wit: I, the City shall pay undersigned, a Notary Public in and for the quantities thereof currently ordered Commonwealth of Virginia, do hereby certify that , and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions whose name(s) is/are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City signed to the Vendor for interest thereon because foregoing deed, dated the day of such retention until all such suits or claims shall , 20 , have been settled and satisfactory evidence to that effect furnished.acknowledged before me this day of , 20 . Notary Public (SEAL) My commission expires: Registration No: APPROVED AS TO FORM: ACCEPTED BY: THE CITY OF CHESAPEAKE BY: Assistant City Attorney Director of Developments & Permits Deed of Easement between

Appears in 1 contract

Samples: www.cityofchesapeake.net

WITNESSETH. That the parties to these presents each The premises covered by this agreement are described as Slip # , Urbanna Harbour Yacht Xxxx, Xxxxxx, Xxxxxxxx, 00000. The owner, in consideration of the agreements on covenants and agreement herein to be kept and performed by the part Renter, has agreed to lease to the Renter; and the Renter, in consideration of the other covenants and agreements herein containedto be kept and performed by the Owner, have agreed, has remises above described to be used as a boat berth for the rental period of .Commencing on and hereby do agree, until at a monthly/yearly rate of payable to the City for itself, its successors and assigns, owner A late fee may be required if any scheduled payment is not received within 10 days. Should Renter fail to make any scheduled payment within thirty (30) days the relation of the Owner and the Vendor for itself, himself or themselves, its successors, or his or their executors Renter herein created at the option of the Owner shall wholly cease. The Owner after first fully complying with all necessary legal requirements may re-enter said premises and administrators, as follows: The Vendor covenants, promises and agrees to and in compliance with the City, existing law may see that all persons and belongings of said Renter are removed there from. Renter shall be fully responsible for any and all costs for legal services to obtain payment and/or removal of Renter from property. IT IS HEREBY FURTHER MUTUALLY UNDERSTOOD AND AGREED that the consideration hereinafter mentioned Renter will keep the demised premises in a clean and contained, to furnish as directed to the City of Reading, Pennsylvaniahealthy condition, in accordance with the bid ordinances of the Vendor for city and the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to direction of the City, attached hereto property authorities; the Renter will keep all the said premises in as Exhibit “A” and made a part hereof good repair as the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that same are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, in at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy commencement of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications term herein containedprovided for, or hereto attached as they shall be at any time during its continuance, and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar monthsaid term will deliver up the same in as good order and condition as they were at the commencement of this lease or may afterwards be put in during the continuance thereof, upon an invoice being presented reasonable use and wear and damages by fire and other unavoidable accidents alone excepted; the Vendor setting forth the exact quantities thereof delivered during Renter will not assign, transfer, or set over this lease, or any part of said month. The Vendor agrees premises, to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in , or make or allow to be made any alterations or additions to the performance same without the consent of the work under Owner or his agent being first obtained in writing permitting the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or same; and the Renter will abide and follow the Urbanna Harbour Yacht Club Rules and Regulations described herein as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.follows:

Appears in 1 contract

Samples: Lease Agreement

WITNESSETH. That the parties to these presents each said LESSOR, for TEN DOLLARS ($10.00) and other consideration, cash in consideration hand paid, receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of the LESSEE to be paid, kept and performed, has granted, demised, leased and let and by these presents does grant, demise, lease and let unto said LESSEE, for the sole and only purpose of mining and operating for oil and gas including gas from coalbed methane and from coal seams and all other herein contained, have agreedformations and structures, and hereby do agreelaying pipe lines, and building tanks, power stations and structures thereon to produce, save, and take care of said products, all that certain tract of land situated in the City County of , State of Kansas, described as follows, to wit: SEE EXHIBIT “A” IT is agreed that this lease shall remain in full force for itselfa term of years from this date, and as long thereafter as oil or gas, or either of them, is produced from said land by the LESSEE in paying quantity. After the primary term hereof, cessation of production for One (1) year will result in the expiration of this lease, unless said production cessation shall be caused by the refusal of the gas purchaser to purchase gas from said lease. In such case this lease shall remain in full force and effect just as if there were production during such time as the gas purchaser continues to refuse gas from said lease. LESSEE has the option to extend this lease for and additional term of years from the expiration of the primary term of this lease, and as long thereafter as Leased Substances, or any of them, is produced from said land by the Lessee, its successors and assigns, said renewal to be under the same terms and the Vendor for itself, himself or themselvesconditions as contained in this lease. Lessee, its successorssuccessors or assigns, may exercise this option to renew if on or his before the expiration date of the primary term of this lease, Lessee pays or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed tenders to the City Lessor or to the Lessor’s credit, the sum of Reading, Pennsylvania, in accordance with the bid $ dollars per net mineral acre. IN consideration of the Vendor for premises the Request for Qualifications for Maintenance said LESSEE covenants and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specificationsagrees: FIRST: To provide both routine maintenance and repairspay LESSOR, as well as emergency repairs that are above and beyond free of cost, the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy equal one-eighth (1/8) part of the fee schedule is attached as Exhibit “A”. The use gross proceeds of this Vendor may oil sold from the leased premise, said payments to be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedmonthly.

Appears in 1 contract

Samples: Oil and Gas Lease

WITNESSETH. That the parties to these presents each Lessor, in consideration of the agreements rents and covenants hereinafter set forth, does hereby lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, that certain space shown and designated on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, site plan attached hereto as Exhibit “A” and made a part hereof as Exhibit A (the following merchandise "Site Plan"), which space consists of approximately 25,436 square feet, located in the office and warehouse complex known and described as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy Kyrene Business Park located north of the fee schedule northwest corner of Kyrene Road and Elliot Road, Tempe, Arizona, and the Premises is attached as Exhibit “A”located at 0000 Xxxxx Xxxxxx Xxxx, Xxxxx, Xxxxxxx 00000. The aforesaid space leased and let unto Lessee is hereinafter referred to as the "Premises"; the land (including all easement areas appurtenant thereto) upon which the building or buildings of which the Premises are a part is herein- after referred to as the "Property"; and the Property and all buildings and improvements and personal property of Lessor used in connection with the operation or maintenance thereof located therein and thereon and the appur- tenant parking facilities, if any, are hereinafter called the "Complex". Lessee hereby accepts this Lease and the Premises upon the covenants and conditions set forth herein and subject to any encumbrances, covenants, conditions, restrictions and other matters of record and all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretionPremises. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedTO HAVE AND TO HOLD THE SAME PREMISES, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about the City Premises, except as expressly provided herein, for a term of five (5) years, commencing on the first (1st) day of December, 1996, and ending on the thirtieth (30th) day of November, 2001, unless sooner terminated in the manner provided hereinafter, to be occupied and used by Lessee for general warehouse purposes, including receiving, ordering, production, shipping, selling and billing of products, materials and merchandise made or distributed by Lessee, its parent, affiliates or subsidiaries, and for no other purpose, subject to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled covenants and satisfactory evidence to that effect furnishedagreements hereinafter contained.

Appears in 1 contract

Samples: Lease (Papa Johns International Inc)

WITNESSETH. That the parties to these presents each for and in consideration of the payments and agreements on hereinafter mentioned, to be made and performed by the part said party of the other herein contained, have agreedfirst part, and hereby do agreeunder the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the City for itself, its successors and assigns, and said party of the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and second part agrees to and with the Citysaid party of the first part, for the consideration hereinafter mentioned at his own proper cost and containedexpense, to do all the work and furnish all the materials, except such as directed are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of ReadingPacifica the work described in the special provisions and the project plans described below, Pennsylvaniaincluding any addenda thereto, and also in accordance conformance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, California Department of Public WorksTransportation Standard Plans, for dated MAY 2006 the City of Reading’s City Wide Fleet Vehicles. This would be Standard Specifications, dated MAY 2006 and the Labor Surcharge and Equipment Rental Rates in effect on an as and/or needed basisthe date the work is accomplished, at the fees submittedwhich said special provisions, from Septemberproject plans, 2019Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only and by such merchandise which shall have fully met the specifications herein contained, or hereto attached and reference made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay The special provisions for the quantities thereof currently ordered work to be done are dated _January 18, 2017_ and deliveredare entitled: NOTICE TO BIDDERS & SPECIAL PROVISIONS PALMETTO AVENUE STREETSCAPE PROJECT CITY OF PACIFICA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CML – 0000 (000) XXXXXXXX, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. CALIFORNIA The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it project plans for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions to be done are brought or threatened all or as much of the monies due itdated _January 17, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled 2017_ and satisfactory evidence to that effect furnished.are entitled: PALMETTO AVENUE STREETSCAPE PROJECT CITY OF PACIFICA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CML – 0000 (000) XXXXXXXX, CALIFORNIA

Appears in 1 contract

Samples: pacificacityca.iqm2.com

WITNESSETH. That the parties Landlord hereby leases and demises to these presents each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assignsTenant, and the Vendor for itselfTenant hereby hires and takes from the Landlord, himself or themselvesupon the terms and conditions hereinafter set forth, its successorsthe entire building known as "French's Mill" and located at property known as 00 Xxxxxxxxx Xxxxxx, or his or their executors Xxxxxxxxx, Xxxxxxxxxxx, which property is more particularly bounded and administrators, described as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, set forth in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Schedule A attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof; For the term of fifteen (15) years commencing September 1, 1995, and terminating on August 31, 2010, to be used and occupied for the practice of medicine and optometry, ambulatory surgery center, and incidental activities such as the sale of glasses and corrective lenses offices and no other uses. In Furthermore, it shall be Tenant's sole obligation to obtain all licenses, permits and franchises required by it for its use of the event Demised Premises and no failure to obtain the Vendor same, nor any revocation thereof by any governmental authority of any such licenses, permits or franchises heretofore or hereafter granted by any such governmental authority shall fail to comply, in any respectmanner affect this Lease or diminish the amount of rent or any other payments or charges payable by Tenant hereunder. Tenant shall have the option to extend this Lease for two (2) additional terms of ten (10) years each, with on the same terms and conditions as herein provided. Said option shall be exercised by written notice from Tenant to Landlord at least twelve (12) months prior to the expiration of the then existing leasehold term. If Tenant holds over without having exercised said specifications or option, this contractLease shall be automatically extended for one (1) year, and thereafter from year to year upon the City may terminate same terms, subject in each instance to adjustment of rental as hereinafter provided, unless and until either party shall have terminated this contract Lease by giving to the Vendor other party written noticenotice of termination at least thirty (30) days before the expiration of the first or any subsequent one year period. Upon And the Landlord and Tenant hereby agree upon the following terms, covenants, conditions, restrictions and limitations affecting the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditionsdemised premises, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.wit:

Appears in 1 contract

Samples: Lease Agreement (Saratoga Resources Inc)

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part of the other herein containedgrantor(s), have agreed, for good and hereby do agreevaluable consideration, the City for itselfreceipt of which is hereby acknowledged, its successors hereby convey, set over, assign and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed warrant to the City of ReadingOlympia the following described personal property situated in Xxxxxxxx County, PennsylvaniaState of Washington, in accordance with TO WIT: The grantor(s) hereby warrants that he/she/they are the bid sole owner(s) of all the Vendor property above conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dated at Olympia, Washington, this day of , . Title STATE OF WASHINGTON ) )ss COUNTY OF XXXXXXXX ) On this day of , , before me personally appeared , to me known to be the for , a corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the Request uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this day of , . Notary Public in and for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21the State of Washington residing in . My commission expires . Dated at Olympia, 2019Washington, submitted to the Citythis day of , attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications. CITY OF OLYMPIA By: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, Authorized Agent for the City of Reading’s City Wide Fleet Vehicles. This would be on Olympia STATE OF WASHINGTON ) )ss COUNTY OF XXXXXXXX ) On this day and year above personally appeared before me, an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended Authorized Agent for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met Olympia, a Municipal Corporation, who executed the specifications herein containedforegoing instrument, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon acknowledged the said merchandise being duly tested instrument to be the free and accepted by the proper City employees as meeting with the specifications voluntary act and conditions, the City shall pay deed of said Municipal Corporation for the quantities thereof currently ordered uses and deliveredpurposes therein mentioned, at and on oath states that he/she is authorized to execute the end of each calendar month, said instrument. This agreement is effective upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance date of the work last signature of both the grantor and grantee. Given under my hand and official seal this day of , . Notary Public in and for the contractState of Washington residing in . The Vendor further agrees that in case any such suits or actions are brought or threatened all or My commission expires . Approved as much to Form: City Attorney City of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Olympia

Appears in 1 contract

Samples: Bill of Sale

WITNESSETH. That The undersigned , has deposited the parties to these presents each in consideration sum of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the CityEscrowee, for the consideration hereinafter mentioned completion, installation and containedconstruction of (subdivision) (Site) improvements (in/at) (a Subdivision) (a Commercial Development) in St. Louis County, to furnish as directed to Missouri for the proposed improvements in a manner prescribed by the City of ReadingCreve Coeur’s Planning and Zoning Commission as shown in the Plans and as required by the ordinances of said City. It is agreed that said sum of will beheld in escrow by said Escrowee and disbursed by same for payment of labor and materials for the construction and installation of said proposed improvements as work progresses and under direction and supervision of a designated representative of the said City of Creve Coeur, PennsylvaniaMissouri. The undersigned, , hereby guarantees the installation and completion of the improvements in/at said , in the City of Creve Coeur in accordance with the bid Plans, including specifications and estimates, a copy of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, which is attached hereto as and marked Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided which by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule reference is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In It is further understood and agreed that said Escrowee, will expend and use said sum solely for the purpose herein above set forth, and that it will secure the prior approval in writing of the Director of Public Works of the City for all expenditures therefrom and that in each instance in which approval is sought, it will notify the Director of the amount of previously paid and currently requested disbursement(s) relative to budgeted amounts in order that said Director may ascertain the work done has been in accordance with City ordinances nor will it expend for the aforesaid purpose more than 90% of said sum $ until the aforesaid improvements are completed and installed in accordance with the Plans and the ordinances of the City of Creve Coeur and until such completed work is approved by the City Council of the City of Creve Coeur, Missouri. It is further understood and agreed by that in the event the Vendor shall fail sum of $ is insufficient to complycomplete said improvements, in any respectthat it will, with said specifications or this contractwithin 5 business days of request, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting deposit with the specifications and conditions, Escrowee such additional sums or moneys as may be necessary to complete the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance installation of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or aforesaid improvements as much of the monies due it, him or them under this contract as shall or may be considered necessary required by the City shall or may be retained without any liability of Creve Coeur, and in order to fulfill the requirements of the ordinances of the City of Creve Coeur. The consideration for this agreement being the mutual benefits and advantages accruing to all the Vendor for interest thereon because parties hereto under and by virtue of such retention until all such suits or claims shall have been settled the terms hereof. DEVELOPER ESCROWEE ADDRESS ADDRESS BY: BY: NAME NAME CITY OF CREVE COEUR, MISSOURI Director of Public Works ATTEST: CITY CLERK CITY OF CREVE COEUR To save document hit print button and satisfactory evidence to that effect furnished.select save as PDF

Appears in 1 contract

Samples: www.creve-coeur.org

WITNESSETH. That the parties to these presents each Lessor, in consideration of the agreements rents and covenants hereinafter set forth, does hereby lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, that certain space shown and designated on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, floor plan attached hereto as Exhibit “A” and made a part hereof as Exhibit A, which space shall consist of approximately 22,451 rentable square feet and shall be located on the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy first (1st) floor of the fee schedule is attached Office Complex to be constructed by Lessor at 6000 Xxxxx Xxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx 00000, and to be known as Exhibit “A”Scottsdale Spectrum. The aforesaid space leased and let unto Lessee is hereinafter referred to as the "Premises"; the land (including all easement areas appurtenant thereto) upon which the building ("Building") of which the Premises are a part is hereinafter referred to as the "Property"; and the Property and all buildings and improvements and personal property of Lessor used in connection with the operation or maintenance thereof located therein and thereon and the appurtenant parking facilities, if any, are hereinafter called the "Office Complex". The Office Complex is depicted on Exhibit A-1 attached hereto and incorporated herein. Lessee acknowledges that Exhibit A-1 is intended only to identify the real estate comprising the Office Complex and the approximate boundary lines of the individual parcels and that Exhibit A-1 is not to be considered or construed as a representation or covenant that the shape, size, location, number and extent of the building improvements shown thereon shall be constructed. Lessee hereby accepts this Lease and the Premises upon the covenants and conditions set forth herein and subject to any encumbrances, covenants, conditions, restrictions and other matters of record and all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretionPremises. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedTO HAVE AND TO HOLD THE SAME PREMISES, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about the City Premises, except as expressly provided herein, for a term of ten (10) years, zero (0) months, commencing on the first (1st) day of January, 1997, and ending on the thirty-first (31st) day of December, 2006, unless sooner terminated, in the manner provided hereinafter, to be occupied and used by Lessee for office purposes and for no other purpose, subject to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled covenants and satisfactory evidence to that effect furnishedagreements hereinafter contained.

Appears in 1 contract

Samples: Purchase Agreement and Escrow Instructions (Udc Homes Inc)

WITNESSETH. That THAT Assignor for good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, transfer and absolutely and unconditionally assigns to Assignee the parties entire lessor's interest in and to these presents each in consideration all current and future leases, and other agreements affecting the use, enjoyment, or occupancy of the agreements on the all or any part of the other herein containedland, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, more particularly described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached Exhibit A annexed --------- hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, together with the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located thereon (hereinafter collectively referred to as the "PROPERTY"). TOGETHER WITH all other leases and other agreements affecting the use, enjoyment or occupancy of any part of the Property now or hereafter made affecting the Property or any portion thereof, together with any extensions or renewals of the same, this Assignment of other present and future leases and present and future agreements being effective without further or supplemental assignment; The leases and other agreements described above together with all other present and future leases and present and future agreements and any extension or renewal of the same are hereinafter collectively referred to as the "LEASES"; TOGETHER WITH all accounts, deposits, rents, income, issues, revenues, receipts, insurance proceeds and profits arising from the Leases and renewals thereof and together with all rents, income, issues and profits (including, but not limited to, all oil and gas or other mineral royalties and bonuses) from the use, enjoyment and occupancy of the Property, or the sale, lease, sublease, license, concession or other grant of right to use or occupy any portion thereof, vending machine proceeds, and any compensation received for the rendering of services by Assignor (hereinafter collectively referred to as the "RENTS"). THIS ASSIGNMENT is made in consideration of that certain loan made by Assignee to Assignor evidenced by that certain amended and restated note made by Assignor to Assignee, dated the date hereof, in the principal sum of One Million Nine Hundred Thirty-Four Thousand Three Hundred Twenty-Five Dollars and No Cents ($1,934,325.00) (the "NOTE"), and secured by that certain amended and restated deed of trust, security agreement, and fixture filing with assignment of rents and agreements given by Assignor to Assignee, dated the date hereof covering the Property and intended to be duly recorded (the "SECURITY INSTRUMENT"). The principal sum, interest and all other sums due and payable under the Note and Security Instrument are hereinafter collectively referred to as the "DEBT". This Assignment, the Note, the Security Instrument and any other documents now or hereafter executed by Assignor and/or others and by or in favor of Assignee which evidences, secures or guarantees all or any portion of the payments due under the Note or otherwise is executed and/or delivered in connection with the Note and the Security Instrument are hereinafter referred to as the "LOAN DOCUMENTS". ASSIGNOR WARRANTS that (A) Assignor is the sole owner of the entire lessor's interest in the Leases; (B) the Leases are valid, enforceable and in full force and effect and have not been altered, modified or amended in any manner whatsoever; (C) none of the Rents have been assigned or otherwise pledged or hypothecated; (D) none of the Rents have been collected for more than two (2) months in advance; (E) Assignor has full power and authority to execute and deliver this Assignment and the execution and delivery of this Assignment has been duly authorized and does not conflict with or constitute a default under any law, judicial order or other agreement affecting Assignor or the Property; (F) the premises demised under the Leases have been completed and the tenants under the Leases have accepted the same and have taken possession of the same on a rent-paying basis; and (G) there exist on offsets or defenses to the payment of any portion of the Rents. ASSIGNOR COVENANTS with Assignee that Assignor (A) shall observe and perform all the obligations imposed upon the lessor under the Leases and shall not do or permit to be done anything to impair the value of the Leases as security for the Debt; (B) shall promptly send copies to Assignee of all notices of default which Assignor shall send or receive thereunder; (C) shall enforce all of the terms, covenants and conditions contained in the Leases upon the part of the lessee thereunder to be observed and performed, short of termination thereof; (D) shall not collect any of the Rents more than one (1) month in advance; (E) shall not execute any other assignment of the lessor's interest in the Leases or the Rents; (F) shall deliver to Assignee, upon request, tenant estoppel certificates from each commercial tenant at the Property in form and substance reasonably satisfactory to Assignee, provided that Assignor shall not be required to deliver such certificates more frequently than two (2) times in any calendar year; and (G) shall execute and deliver at the request of Assignee all such further assurances, confirmations and assignments in connection with the Property as Assignee shall from time to time require. ASSIGNOR FURTHER COVENANTS with Assignee that Assignor shall not, without the prior consent of Assignee (i) enter into any Lease of all or any part of the Property in excess of 5% of gross leasable area rentable square feet (a "MAJOR LEASE"), (ii) cancel, terminate, abridge or otherwise modify the terms of any Major Lease, or accept a surrender thereof, (iii) consent to any transfer, assignment of or subletting under any Major Lease, (iv) cancel, terminate, abridge or otherwise modify any guaranty of any Major Lease or the terms thereof, (v) accept prepayments of installments of Rents for a period of more than one (1) month in advance or (vi) further assign the whole or any part of the Leases or the Rents. In addition to the foregoing, Assignor shall not, (i) lease all or any part of the Property, (ii) cancel, terminate, abridge or otherwise modify the terms of any Lease, or accept a surrender thereof, (iii) consent to any transfer, assignment of or subletting under any Lease not in accordance with its terms or (iv) cancel, terminate, abridge or otherwise modify any guaranty of any Lease or the terms thereof unless such actions are exercised for a commercially reasonable purpose in an arms-length transaction on market rate terms. ASSIGNOR FURTHER COVENANTS with Assignee that (A) all Leases shall provide that the tenant agrees to attorn to Assignee; (B) none of the Leases shall contain any option to purchase, any right of first refusal to lease or purchase, or any right to terminate the lease term (except in the event of the Vendor destruction of all or substantially all of the Property); (C) Leases executed after the date hereof shall fail to complynot contain any provisions which adversely affect the Property or which might adversely affect the rights of the Assignee, and (D) each tenant shall conduct business only in any respect, with said specifications or this contract, that portion of the City may terminate this contract Property covered by giving the Vendor written noticeits lease. Upon request, Assignor shall furnish Assignee with executed copies of all Leases. THIS ASSIGNMENT is made on the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications following terms, covenants and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.:

Appears in 1 contract

Samples: G&l Realty Corp

WITNESSETH. That Pursuant to a bid placed at real property auction conducted by Agent on behalf of Seller and the parties terms and conditions agreed upon by Buyer in conjunction with Buyer placing a bid for purchase, Seller hereby agrees to these presents each sell to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the conditions hereinafter set out, the following described premises: House and lot located at 0000 Xxxxxxx Xxxxx, Xxxxxxx Xxxx, XX situate, lying, and being in the Eleventh (11th) Civil District of Washington County, TN and being more particularly described as follows: Being all of Xxx 0 xx Xxxxxxxx Xxxxx, Xxxxx 0, known as The Reserve at Highland Ridge, as the same appears on a plat of record in Plat Book 19, page 118 in the Register’s Office for Washington County, TN, the PROPERTY. In consideration of the agreements on the $ , paid by Buyer as xxxxxxx money and part of the other herein contained, have agreed, and hereby do agreepurchase price, the City for itselfXXXXXXX MONEY, its receipt of which is hereby acknowledged, this contract is made binding on both parties, their heirs, executors, successors and and/or assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees . Seller shall deliver to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed Buyer a WARRANTY deed conveying fee simple title to the City Property to Buyer free and clear of Readingall encumbrances, Pennsylvaniaexcept as stated herein, in accordance with the bid being: CURRENT YEAR PROPERTY TAXES WHICH WILL BE PRO-RATED AS OF CLOSING; RIGHTS OF TENANTS IN POSSESSION (IF APPLICABLE); PRO-RATION OF RENTS (IF APPLICABLE); ANY RECORDED OR VISIBLE ROAD-WAY RIGHTS OF WAY, RAILROAD OR UTILITY EASEMENTS; SUB-DIVISION RESTRICTIONS; ZONING; ALL NOTATIONS SHOWN ON ABOVE REFERENCED SURVEY; ALL EXCEPTIONS BOTH STANDARD AND SPECIAL AS SHOWN ON COMMITMENT FOR TITLE OBTAINED BY SELLER BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY DATED JULY 11, 2008, COMMITMENT NO. 90754C/AEF. BUYER SHALL PAY ANY AND ALL TRANSFER TAXES AND/OR RECORDING FEES IN CONJUNCTION WITH THE DEED. Buyer shall, within 20 days after date of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered property $ (INCLUDES 10% BUYER'S PREMIUM) , under the following terms: 10% DOWN WITH THE SIGNING OF THIS CONTRACT; BALANCE DUE IN CASH ON CLOSING WITHIN 20 DAYS. THIS IS A CASH TRANSACTION - CLOSING NOT SUBJECT TO ANY CONTINGENCIES. TITLE INSURANCE AND/OR SURVEY FOR THE PROPERTY MAY BE PROCURED BY BUYER AT BUYER'S SOLE OPTION AND EXPENSE. THIS PROPERTY SOLD IN ITS “AS IS, WHERE IS WITH ALL FAULTS” CONDITION WITH NO WARRANTIES EITHER IMPLIED OR EXPRESS EXCEPT WARRANTY OF TITLE. Buyer acknowledges that all properties are being sold at public auction, subject to all existing covenants, conditions, restrictions, reservations, exploration rights, easements, rights of way, assessments, zoning, and deliveredall other land use restrictions. DEED SHALL BE MADE: AS DIRECTED BY BUYER Title Insurance (at Buyer's expense ) Yes ( ) ( ) No WILL ADVISE - Buyer may, at the end of each calendar monthits own expense, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for obtain title insurance provided Seller shall not incur any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or cost as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because a result of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.insurance. IT IS FURTHER MUTUALLY AGREED

Appears in 1 contract

Samples: Sales Contract

WITNESSETH. That the parties to these presents each In security for and in consideration of Lender entering into a secured promissory note dated February 4, 2002, between Lender and Tangible, whereby Lender has agreed to lend to Tangible the agreements on sum of TWO HUNDRED NINE THOUSAND AND NO/100 DOLLARS ($209,000.00) (the part amount hereinafter referred to as the "LOAN AMOUNT" and the note hereinafter referred to as the "TANGIBLE SECURED PROMISSORY NOTE"). AND ALSO to secure the payment by Tangible to the Lender of any and all sums due and owing the other herein containedLender by Tangible under the Tangible Secured Promissory Note, have agreed, and Tangible hereby do agree, grants to the City for itselfLender, its successors and assigns, a security interest as that term is defined in the California Commercial Code in and to all inventory of Tangible designated as art or art objects, but not coins, together with all substitutions therefor and additions and accessions thereto, together with all proceeds of such property and all other similar property Tangible has or shall hereafter acquire an interest in (collectively referred to herein as the Vendor for itself, himself or themselves"COLLATERAL"); TO HAVE AND TO HOLD the Collateral unto the Lender, its successorssuccessors and permitted assigns, absolutely; PROVIDED, HOWEVER, that if Tangible shall discharge any and all obligations that are now or his may hereafter be or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed become owing by Tangible to the City Lender on account of Readingdefault under the Tangible Secured Promissory Note aforesaid, Pennsylvania, in accordance with of which obligations the bid books of the Vendor for Lender shall be prima facie evidence, and which obligations it is agreed by these presents are and shall be secured as a charge against the Request for Qualifications for Maintenance Collateral hereby encumbered, and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” shall observe and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy perform all of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications covenants and agreements herein contained, THEN THESE PRESENTS SHALL BE VOID; BUT UPON FAILURE to pay said sums or hereto attached and made a part hereof. In interest due under said Tangible Secured Promissory Note when due then the event the Vendor shall fail Lender may exercise all remedies provided to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work Lender under the contractprovisions of this Agreement. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due itTangible HEREBY REPRESENTS, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.COVENANTS AND AGREES WITH LENDER AS FOLLOWS:

Appears in 1 contract

Samples: Secured Loan and Security Agreement (Tangible Asset Galleries Inc)

WITNESSETH. That This Agreement is made this ____ day of _______, 2019, by and between the parties County of Xxxxxxxxxx, New York, hereinafter referred to these presents each in consideration as the COUNTY, and New York State Industries for the Disabled, Inc., hereinafter referred to as the CONTRACTOR, for the following specific services: Records scanning project for Xxxxxxxxxx County based upon the attached proposal. All for the sum not to exceed the total amount of $14,135.00, which the COUNTY agrees to pay on terms provided herein. The services are based upon 2 or less scheduled pick-ups, small format scanning, image quality review, indexing and delivery of images on USB drive or uploaded to the network. The Agreement documents listed below, along with the Agreement, are the entire contract between the principles and supersede all prior negotiations and representations, written or oral. In the event of conflict between this Agreement and other documents listed, the terms of this Agreement shall be the controlling terms of the agreements on contract. The CONTRACTOR agrees to perform the part services as required by the Agreement documents for the sum herein set forth and to accept payment in the manner herein provided. The agreement documents, which are attached and incorporated by reference herein, consist of the other herein contained, have agreed, and hereby do agree, following: Statement which details services which are being provided (dated ______ N/A); Copies of any required certifications; Copy of required insurance documents; Copy of estimate quoted for service; The COUNTY agrees to make payments on account of the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, agreement price as follows: The Vendor covenantsCONTRACTOR shall submit an itemized invoice to the Xxxxxxxxxx County Executive’s Office, promises and accompanied by a signed County voucher form. Services will be billed per the attached proposal or specifications. The Xxxxxxxxxx County Executive will then submit all pertinent information for audit processing. DURATION OF AGREEMENT – This Agreement shall endure for the period of July 1, 2018 until June 30, 2019. TERMINATION CLAUSE – This Agreement may be terminated only upon a 30-day written notice signed by both the County, or upon a 90-day written notice by the CONTRACTOR. The CONTRACTOR agrees not to incur new obligations or to claim any expenses incurred after the receipt of the notification of the termination. NON-DISCRIMINATION CLAUSE – Neither party discriminates in employment. The CONTRACTOR agrees to and comply with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City requirements of Reading, Pennsylvania, in accordance with the bid Article 15 of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, New York State Executive Law as well as emergency repairs that are above the Civil Rights Act of 1964 as amended and beyond Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375 and as supplemented in the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public WorksLabor Regulations 41 C.F.R. Part 60The CONTRACTOR shall not discriminate against anyone on the grounds of race, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basissex, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedreligion, or hereto attached and made a part hereofnational origin. In EXECUTORY PROVISION – Both parties to this Agreement agree that this Agreement shall be deemed executor only to the event extent of money available to the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay County of Xxxxxxxxxx for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under terms hereof and no liability on account thereof shall be incurred by the contractCounty of Xxxxxxxxxx beyond money available for the purposes thereof. INDEMNIFICATION CLAUSE – The CONTRACTOR hereby agrees that the COUNTY shall be indemnified and held harmless for any errors or omissions that the CONTRACTOR may commit in the course of performing the services detailed in this Agreement. The Vendor further agrees that in case CONTRACTOR will defend the COUNTY, its officers and employees from and against any such suits suits, losses, damages or actions are brought or threatened all or as much claims arising out of the monies due itCONTRACTOR’ services for this Agreement. RESPONSIBILITY – The CONTRACTOR is responsible for ensuring that the services provided pursuant to this Agreement comply with all pertinent provisions of federal, him state and local laws, rules and regulations. SAVING CLAUSE – The CONTRACTOR shall not assign or them under transfer this contract as shall Agreement, or may any part thereof, or any interest therein. All modifications of, or changes in, the terms of this Agreement must be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled in writing and satisfactory evidence to that effect furnishedmutually agreed upon.

Appears in 1 contract

Samples: Agreement

WITNESSETH. That Said base lease shall remain in force and effect as to all other provisions. EXECUTED on this the parties 15th day of October , 2018 , LESSEE Xxxxxxx Xxxxx Xxxx LESSOR, Xxxxxxx County School District By: Xxxxx Xxxxxxx, Ed.D. Superintendent By: Xxxxxxx X. Xxxxxxxx, Board President This amendment was approved by the Xxxxxxx County Board of Supervisors on the day of , 2018. ACKNOWLEDGMENT STATE OF MISSISSIPPI COUNTY OF XXXXXXX PERSONALLY APPEARED before me, the undersigned authority in and for the said county and state, on this the day of 2018, within my jurisdiction, the within named Xxxxxxx Xxxxx Xxxx who acknowledged that x he executed the above and foregoing instrument, after first having been authorized so to these presents each do. <<SEAL>> NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF MISSISSIPPI COUNTY OF JACKSON Personally appeared before me, the undersigned authority in consideration and for said county and state, on this day of October, 2018, within my jurisdiction, the within named Xxxxx Xxxxxxx, Ed.D., Superintendent of Schools and Xxxxxxx X. Xxxxxxxx, school board President of the agreements on the part Xxxxxxx County School District Board of Education, who acknowledged that in said representative capacity as Superintendent of Schools and President of the other herein containedBoard of Education of the Xxxxxxx County School District, have agreedthey executed the above and foregoing instrument for and on behalf of said Board of Education, and hereby do agreeafter first having been duly authorized so to do. <<Seal>> Notary Public My commission expires: STATE OF MISSISSIPPI COUNTY OF JACKSON PERSONALLY APPEARED before me, the City for itself, its successors undersigned authority in and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned said county and containedstate, to furnish as directed to on this the City day of Reading, Pennsylvania, in accordance with within my jurisdiction, the bid within named who acknowledged that he is president of the Vendor for Xxxxxxx County Board of Supervisors and that in said representative capacity he executed the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Managementforegoing instrument, Department of Public Worksafter first having been authorized so to do. <<SEAL>> NOTARY PUBLIC MY COMMISSION EXPIRES: ADDRESS OF LESSOR: ADDRESS OF LESSEE: Xxxxxxx County School District Xxxxxxx Xxxxx Xxxx Post Office Box 5069 00000 Xxxxxxx 00 Xxxxxxxxx, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisXx 00000 Xxxxxxxxx, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.XX 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 INDEXING INSTRUCTION

Appears in 1 contract

Samples: jcsd.k12.ms.us

WITNESSETH. That the parties said lessor does hereby lease, demise and let unto the said lessee the following described premises, in the Village of Dousman, County of Waukesha, State of Wisconsin, known as No. 128 Xxx Xxxxxx, Xxxxxxx, Xxx. Xxreet, to-wit: Suite A, the above described premises to these presents each in consideration be used as Office. To hold for the term of the agreements One (1) Year, beginning on the part 1st day of the other herein containedJuly, have agreed1996, and hereby do agreeending on the 30th day of June, 1997, the City said lessee yielding and paying therefor the total rent of $3,600.00 Dollars, for itselfthe term, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, payable as follows: Beginning on the 1st day of July in the amount of $300.00 and continuing each month until the end of the term. The Vendor covenantsacceptance by the lessor of one month's rent for the first month after the expiration date of this lease shall constitute a renewal for a period of one month only and each subsequent acceptance of a month's rent shall constitute a further renewal for a like period. And the said lessee promises to pay the said rent at the times and in the manner aforesaid, promises during the continuance of said term, and not to underlease the said premises or any part thereof, nor assign this lease without the consent of the lessor in writing, and to quit and deliver up the same to the lessor or _________________ attorney, peaceably and quietly at end of said term, and also to keep the same in as good repair as the same are in at the commencement of said term, reasonable use and wearing thereof and damage by accidental fire or other accidents not happening through the neglect of the lessee, __________________ agents or servants only excepted. And the said lessee, further covenants and agrees to that will during the term of this lease, pay all water rates levied and with assessed against the Citypremises hereby leased, for the consideration hereinafter mentioned and contained, water used or to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisused therein, at the fees submittedtime they become due and payable. The lessee further agrees to obey all ordinances of the Village of Dousman in regard to cleaning of the street, from Septemberalleys and sidewalks in front of the premises hereby leased and any and all lawful orders, 2019rules and regulations of the proper health officers of said Village of Dousman. And that the said lessee will, during the last six weeks of said term, allow to December 31, 2020, Department be put up and will safely keep in such conspicuous part of Public Workssaid premises as lessor shall designate, a copy sign or card, showing that said premises are "To Let" or "For Rent" and the place of inquiry, such card or sign to be furnished for that purpose by said lessor. And the fee schedule is attached as Exhibit “A”. The use said lessor may enter to view the premises hereby leased for the purpose of this Vendor examining or exhibiting the same or making whatever repairs or alterations on said premises the lessor may be extended for 2 additional 1 year terms at deem necessary; and may expel the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor lessee if they shall fail to complypay the rent and assessments, or refuse to obey the said ordinances and rules and regulations as aforesaid, or shall underlease the premises or any part thereof or assign this lease without the consent of the lessor, in writing. Lessee shall indemnify Lessor and hold Lessor harmless from and against any respectand all claims, with said specifications actions, liability and expense arising out of the loss of life, personal injury and/or damage to property by reason of the use or this contract, occupancy of the City may terminate this contract leased premises by giving the Vendor written noticeLessee. Upon the said merchandise being duly tested Lessee shall carry own content insurance and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay liability insurance for the quantities thereof currently ordered and deliveredleased area, naming Sycamore Building as the additional insured. Lessee, at the end of each calendar monththeir expense, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said monthwill be responsible for updating their space for their own business purposes. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons Included in the performance of rental is the work under carpet and window blinds. Lessee is responsible for electric which is metered separately for the contractspace. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may Parking will be considered necessary by the City shall or may on a first come first serve basis. Lessee will share washroom facilities with adjacent unit. It will be retained without any liability of the City up to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled tenants to keep entry hall and satisfactory evidence to that effect furnishedwashroom clean.

Appears in 1 contract

Samples: Asset Purchase Agreement (SCC Communications Corp)

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on the part of the other herein containedmutual terms, have agreedconditions, and covenants of this Agreement and the accompanying documents between Owner and Contractor and for and in consideration of payments as set forth therein, Contractor hereby do agreeagrees with the said Owner to commence and complete the following Project: FM 973 12” WATER MAIN FOR THE CITY OF MANOR, TEXAS for all base bid work and all extra work in connection therewith, under the City for itselfterms as stated in the Contract Documents and at CONTRACTOR’s own proper cost and expense to furnish all the materials, its successors and assignssupplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to construct and complete FM 973 WATER MAIN (the Vendor for itself, himself “Project” or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania“Work”), in accordance with the bid Contractor's Proposal, Instructions to Bidders, Special Provisions, Supplementary Conditions, General Conditions, Performance bond, Payment bond, Drawings, Plans and Technical Specifications and other drawings and printed or written explanatory matter thereof, and the addenda therefore, as prepared by Xxx Engineering Company, Inc. herein entitled the ENGINEER, and approved by the OWNER, all of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and which are made a part hereof and collectively evidence and constitute the following merchandise as per specifications: entire contract (the “Contract Documents”). The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete all work within Ninety (90) calendar days after the date specified in the written Notice To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond Proceed. Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. The OWNER agrees to pay the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public WorksCONTRACTOR, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use satisfactory performance of this Vendor may be extended for 2 additional 1 year terms at Agreement, in current funds the City of Readingprice or prices shown in the Contractor’s discretion. The Vendor agrees to furnish only such merchandise Proposal, which shall have fully met the specifications herein contained, or hereto attached and made forms a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or of this contract, such payments to be subject to proper completion of the contract, in the total amount of $400,211, (four hundred thousand, two hundred eleven dollars and no cents), subject to proper additions and deductions (the “Contract Amount”), all as provided in the General Conditions of this Agreement. The financial obligations of the City may terminate under this Agreement shall be paid from current funds and shall be subject to funds being appropriated and budgeted in sufficient amounts to satisfy such obligations. Although drawn by the OWNER, both parties hereto expressly agree and assert that in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. The CONTRACTOR agrees that time is of the essence on this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay that for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by day of delay beyond the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it time established for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance completion of the work under specified and contracted for, the Owner may withhold permanently from the CONTRATOR’S compensation the sum of Five Hundred Dollars ($500.00) as stipulated liquidated damages for delay. In accordance with Chapter 2270, Texas Government Code, the CITY may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it: (a) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much signatory executing this contract on behalf of the monies due it, him or them under company verifies that CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedAgreement.

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the parties to these presents each said Grantor, for and in consideration of the agreements on the part sum of the Ten Dollars ($10.00) and other herein contained, have agreed, good and hereby do agreevaluable consideration, the City for itselfreceipt and sufficiency of which are hereby acknowledged and accepted, by these presents does grant unto the said Grantee, its successors employees, contractors, agents and assignsdesignees, the right and privilege of sufficient easement, entry, ingress and egress over, under and upon the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with above described property from the City, public right-of-way of Corona Avenue for the consideration hereinafter mentioned purposes of constructing and containedinstalling a three inch (3”) reclaimed water service distribution line, to furnish as directed to the City of Reading, Pennsylvaniatogether with all related appurtenances, in accordance with 100% plans submittals entitled Skycrest Reclaimed Water System Contract 2: Transmission and Distribution – Corona Ave., Arcturas Ave., City of Clearwater Contract No. 07-0013-UT, as depicted in attached aerial overlay of Skycrest Elementary School. Grantee may utilize such manual and mechanical equipment as Grantee may deem necessary to effectively perform the bid aforementioned work activities in a professional and workmanlike manner and shall utilize best management practices to restore the easement area, and all of Grantor’s property adjacent and contiguous to the easement area, as same may be impacted or altered by the project, to equal or better condition immediately upon completion of project construction. In consideration of the Vendor for rights granted herein, which shall remain in effect from commencement of work activity upon Grantor’s property authorized hereby to not more than thirty (30) days thereafter, Grantee, its employees, contractors, agents or designees, agree that all persons entering the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided property by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy virtues of the fee schedule is attached as Exhibit “A”rights herein granted shall do so at their own risk. The use Grantor accepts no liability whatsoever for any claims for injury or damages in connection with this grant of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretionentry. The Vendor Grantee agrees to furnish only such merchandise which and covenants with Grantor that Grantee, its employees, contractors, agents or designees shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, not engage in any respectactivities which could result in any mechanics liens being filed against the property without the written consent of Grantor, with said specifications or this contractand that upon completion of the above described work activities, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions equipment of every name nature shall be promptly removed at Grantee expense, and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance easement area shall be debris free and restored as near as reasonably possible to its condition as existed prior to initiation of the work under the contractactivities described herein. The Vendor further agrees Grantee covenants with Grantor to hold Grantor harmless from any and all claims for injury and all liability for property damages arising during and in connection with all good faith activities undertaken by Grantee, its employees, contractors, agents or designees pursuant to privileges granted herein; provided, however, that in case no event or under any such suits or actions are brought or threatened all or circumstances shall the Grantee incur any financial liability which would exceed statutory limits as much of the monies due itset forth in Section 768.28, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedFlorida Statures.

Appears in 1 contract

Samples: cdn.boarddocs.com

WITNESSETH. That the parties Contractor, for the consideration hereinafter fully set out, xxxxxx agrees with the Owner as follows: That the Contractor will furnish all products, tools, construction equipment, skill labor of every description necessary to these presents each carry out and to complete in consideration a good, firm, substantial workmanlike manner for Parks Maintenance Services and will complete work in strict conformity with the Specifications, together with the foregoing Proposal made by the Contractor, the Invitation to Proposal, Instructions to Proposers, Project Specifications and Proposal Form and all hereto incorporated (if applicable) which form essential parts of this Contract Agreement, as if fully contained herein. That the Contractor shall commence the Work to be performed under this Contract Agreement on a date to be specified in a written Notice to Proceed and shall fully complete all work hereunder at the agreed upon start date. If the Contractor abandons the Contract before commencement of the agreements Work or defaults in completion of all the Work after commencement thereof, the Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of deciding as to the actual and consequential damages incurred by the Owner and the general public of City of Cartersville, Georgia as a result of the failure on the part of the Contractor to complete the work. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other herein containedremedy now or hereafter enforceable at law, have agreedin equity, by statute, or under the Contract. The Owner hereby agrees to pay the Contractor for the faithful performance of this Contract Agreement, subject to additions and deductions as provided in the Specifications and Proposal, in lawful money of the United States of America, the sum ( ) which sum shall also pay for loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements, or from unforeseen, or from the action of the elements, or from unforeseen obstructions or difficulties encountered in the prosecution of the Work, and hereby do agreefor all expenses incurred by, or in consequence of the City for itselfWork, its successors suspension or discontinuance and assignsfor well and faithfully completing the Work and the whole thereof, as herein provided, and for replacing defective work or products for a period of two –(2) years after completion. The Owner shall make payments to the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and Contractor in accordance with the City, for provisions of the consideration hereinafter mentioned Contract Documents. Final payment on account of this Contract Agreement shall be made within thirty – (30) days after the completion by the Contractor of all work covered by this Contract Agreement and contained, to furnish as directed to the City acceptance of Reading, Pennsylvaniasuch work by the Owner, in accordance with the bid provisions of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedContract Documents.

Appears in 1 contract

Samples: Parks Maintenance Services

WITNESSETH. That the said Lessor has granted and leased, and by these presents does grant and lease unto the said Lessee the premises herein described, to be used for a household dwelling known as Lake Darpo Caretakers House, adjacent to Lake Darpo located at 000 Xxxx Xxxxx Xxxx with all the appurtenances thereto belonging: TO HAVE AND TO HOLD the said premises unto the said Lessee, for the full term commencing on July 1, 2016 and ending on June 30, 2017. This agreement for the Caretaker’s residence will continue to be a part of the package for the Caretaker position and will continue until such time the county decides to (1) eliminate the Caretaker position, (2) end the contract with the lessee for the position of Caretaker, or (3) the lessee chooses to vacate the position of Caretaker. And it is further agreed that no less than a 2-week’s notice, in writing, be given previous to the vacating of the Caretaker’s position by the Lessee. The destruction of the premises by fire, or any other casualty, shall terminate this agreement. And it is mutually understood that the Lessee shall make no repairs at the expense of the Lessor; and any alterations or improvements desired by the Lessee shall be at the Lessee’s own cost, must be done under the written sanction of the Lessor, and all such alterations or improvements shall be surrendered to the Lessor on the Lessee’s removal. The Lessee shall make good all breakage of glass, and all other injuries done to said premises during the Lessee’s tenancy, excepting such as are produced by natural decay and unavoidable accident. And it is also agreed that the said Lessee shall not convey this Lease or under-let the premises without the written consent of the said Lessor. AND, it is further stipulated and understood by the parties to these presents each presents, that the Lessor shall have the right to annul and terminate this Lease, and it shall be lawful for Lessor to re-enter and forthwith repossess all and singular the above granted and leased premises without hindrance or prejudice to Lessor’s right. AND, it is agreed, that should said Lessee assign, transfer, sell, remove, or in consideration any manner dispose of the agreements on goods and chattels within the part above leased premises, then the entire amount of costs associated with the replacement of said goods and chattels shall be considered as due and payable within 30 days of discovery. And, lastly, it is agreed by and between the parties hereto that at the expiration of the other Caretaker’s position for any of the above referenced reasons, the Lessee must vacate the premises within 2 weeks. Should the Lessee fail to vacate the premises within the 2-week period, a rental cost of $100 per day will be in effect. And in addition to all the covenants herein contained, have agreed, the Lessee shall be responsible for the payment of all utilities with the exception of local phone service for the duties outlined in Exhibit A for the premises and shall abide by all rules for rental property as shown in Exhibit B attached hereto and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of incorporated into this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedlease.

Appears in 1 contract

Samples: legistarweb-production.s3.amazonaws.com

WITNESSETH. That the parties to these presents each for and in consideration of the agreements on sum of   DOLLARS ($   ) to them in hand paid, the receipt of which is hereby acknowledged, said parties of the first part do hereby give and grant unto said party of second part the right and option to purchase from said parties of the first part a certain tract or parcel of land lying and being in   Township,   County, North Carolina, recorded in Deed Book   at Page   of the public registry of   County, and more particularly described as follows:   The terms and conditions of this option are as follows: First, this option shall exist and continue to and including the   day of   20   but no longer. Second, if the party of the second part elects to purchase said land under this option, the purchase price shall be   DOLLARS ($   ), payable by the Department of Transportation Voucher upon delivery of the deed. Third, at any time within the period above limited, but not thereafter, the parties of the first part will make, execute and deliver to said party of the second part a good and sufficient deed for said land in fee simple with general warranty and free from encumbrances, including current taxes, upon the payment of said party of the second part of the other herein containedsaid purchase price in the sum and manner above set out. IN TESTIMONY THEREOF said parties of the first part have hereunto set their hands and seals the day and year first above written. (SEAL) (SEAL)       BY:   (President) North Carolina, have agreedCounty I, , a Notary Public for County, North Carolina, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the day of , 20 . Notary Public (Official Seal) My commission expires: North Carolina, County I, , a Notary Public for County, North Carolina, do hereby certify that personally came before me this day and acknowledged that he/she is president of , a corporation, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administratorsthat he/she, as follows: The Vendor covenantspresident, promises and agrees being authorized to and with do so, executed the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid foregoing on behalf of the Vendor for corporation. Witness my hand and official seal this the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21day of , 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications20 . Notary Public (Official Seal) My commission expires: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.FRM7-T

Appears in 1 contract

Samples: connect.ncdot.gov

WITNESSETH. That Landlord hereby demises and leases unto Tenant and Tenant hereby hires and takes from Landlord, upon and subject to the parties to these presents each covenants and agreements set forth in consideration of that certain Lease dated May 8, 1995, (the agreements on the "Lease"), made between Landlord and Tenant, certain premises (Demised Premises) comprising part of the other herein containedcommercial real property known as Yamato Office Center, have agreed, and hereby do agree, located upon the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City tract of Reading, Pennsylvania, land described in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Exhibit 1 attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, and consisting of the parcel of land, together with the building(s) erected thereon. In Landlord and Tenant desire to record this Memorandum of Lease for the event purpose of placing the Vendor shall fail public on notice of inquiry as to complythe specific provisions, terms, covenants and conditions of the Lease, all of which are incorporated herein by reference with the same force and effect as if herein set forth and effect as if herein set forth in any respect, with said specifications or this contractfull. Specifically, the City may terminate this contract Lease contains, among others, the following covenants and agreements between the parties: Neither Tenant nor anyone claiming by, through or under Tenant, including, without limitation, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place mechanic's, materialmen's or other liens of any kind whatsoever upon the demised premises or upon the tract of land described on Exhibit 1, or any portion thereof; on the contrary, any such liens are specifically prohibited and shall be null and void and of no further force or effect. Notice is hereby given pursuant to Section 713.10, Florida Statutes, that the Lease contains the following provision: The interest of the Landlord in and to the Yamato Office Center and the demised premises shall not be subject to liens for improvements made by giving Tenant or any agents, employees or contractors. This Memorandum of Lease is being recorded in lieu of recording the Vendor written notice. Upon Lease itself for the said merchandise being duly tested purpose of placing the public on notice of inquiry as to the specific provisions, terms, covenants and accepted by conditions thereof, and nothing herein contained is intended to or does change, modify or affect any of the proper City employees as meeting terms or provisions of the Lease or the rights, duties, obligations, easements and covenants running with the specifications land created hereby, all of which remain in full force and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedeffect.

Appears in 1 contract

Samples: Office Center (Hydron Technologies Inc)

WITNESSETH. That the parties to these presents each that for and in consideration of the payments and agreements on the part hereafter mentioned: The Contractor will furnish all of the other herein containedmaterial, have agreedsupplies, tools, equipment, labor, and hereby do agree, other services necessary for the City construction and completion of the project described herein. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete all work required by the Contract Documents within 100 working days of the same date unless the period for itself, its successors completion is extended otherwise by the Contract Documents. The Contractor agrees to perform all of the work described in the Contract Documents and assigns, comply with the terms therein for the sum of Seven Hundred Twelve Thousand Nine Hundred Fifty- Seven Dollars and the Vendor for itself, himself or themselves, its successorsSixty-Five Cents ($712,957.65), or his or their executors as shown in the Bid Schedule. The term "Contract Documents" means and administrators, as followsincludes the following: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed Required Contract Provisions Federal-Aid Construction Contracts Amendments to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided Standard Specifications Federal Wage Rates State Wage Rates State Wage Rate Supplemental General Special Provisions WSDOT Standard Plans Contract Drawings issued by the City of Reading’s Division of Fleet ManagementStevenson, Department of Public WorksWashington, for the City “Xxxxxxx Avenue Improvements” project, dated December 2019 Addendum: No.1, dated January 22nd, 2020 All items included within these Contract Documents. Advertisement for Bids Instructions to Bidders Bid Proposal Form Bidder Responsibility Criteria Non-Collusion Affidavit Bid Bond Qualification of Reading’s City Wide Fleet VehiclesBidder DBE Utilization Certification Form Local Agency Disadvantaged Business Enterprise DBE Written Confirmation Document Local Agency Certification for Federal Aid Contracts Proposal for Incorporating Recycled Materials into the Project Agreement Payment Bond Performance Bond Notice of Award Notice to Proceed Change Order General Conditions The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. This would Agreement shall be on an as and/or needed basisbinding upon all parties hereto and their respective heir, at the fees submittedexecutors, from Septemberadministrators, 2019successors, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedassigns.

Appears in 1 contract

Samples: Agreement

WITNESSETH. That the parties to said Lessors have granted and leased, and by these presents so grant and lease unto said Lessee all that property described as follows: 1515 MORGAN MILL ROAD TO HAVE AND TO HOLX xxx xxxx xxxxxxxx unto the said Lessee, for the term of twenty-nine (29) months beginning on the 1st day of OCTOBER 1992 and ending on the 28th day of February 1995, yielding and paying therefore during the said term the monthly rental of FOUR THOUSAND FIVE HUNDRED DOLLARS (4,500) Dollars payable in advance on or before the 10th day of each month. It is agreed that the Lessee shall have the right and first option of a renewal of this lease, provided terms thereof can be satisfactorily negotiated between the parties, upon the Lessee giving Sixty (60) days notice prior to the expiration of such INITIAL (_____) year term. It is further agreed by the Lessee to pay any increase in consideration property taxes and insurance over the base year of this lease, upon presentation of the agreements documents by the Lessor It is further agreed the Lessors shall carry fire insurance on the premises. The destruction of the premises by fire or other casualty shall suspend the running of the term of this lease, and shall terminate it if the parties so agree. At the option of the Lessee the insurance on the main building shall be applied to the reconstruction of said building. If the principal building is damaged, but not destroyed, the rent payable under the terms of this lease shall cease until the building is repaired by the Lessors so as to be suitable for use. It is further agreed the Lessee may make improvements on the existing building and may erect buildings on the vacant lot included in this lease, provided that such improvements or buildings comply with all existing zoning laws, ordinances and regulations, and so that the existing building shall not be defaced. All such improvements shall be at the expense of the Lessee, and such fixtures shall become a part of the realty. It is further agreed by and between the parties hereto that should the Lessor choose to use the premises herein leased for some other herein containedpurpose, have agreed, and hereby he shall notify the Lessee in writing of his intention to do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed so at least six months prior to the City expiration of Reading, Pennsylvania, in accordance with this lease. It is further agreed by and between the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached parties hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use expiration of this Vendor may lease all rents due must be extended for 2 additional 1 year terms at paid in full before any goods and chattels are removed from the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications premises herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedleased.

Appears in 1 contract

Samples: Lease Agreement (Hughes Supply Inc)

WITNESSETH. That the parties to these presents each For and in consideration of the agreements on the part of the other herein contained, have agreed$10.00 cash in hand paid by Grantee to Grantor, and hereby do agreeother good and valuable consideration, the City for itselfreceipt and sufficiency of which are hereby acknowledged, its successors Grantor has and by these presents does grant, bargain, sell, and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in Durham County, North Carolina, which lot or parcel of land is more particularly described as follows (the “Property”): See Exhibit A attached. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title as received by Grantor against the lawful claims of all persons claiming by, under, or through Grantor, other than the exceptions described on Exhibit B attached hereto and incorporated by reference. The designation “Grantor”, and “Grantee” as used herein shall include said named parties and their respective heirs, personal representatives, successors, and assigns, and shall include the Vendor for itselfsingular, himself or themselvesplural, its successorsmasculine, feminine, or his or their executors neuter as required by context. IN TESTIMONY WHEREOF, the City has caused this Deed to be signed in its name by its City Manager, and administratorsattested by its City Clerk and its corporate seal to be affixed, all by order of its City Council. ATTEST: CITY OF DURHAM City Clerk , City Manager NORTH CAROLINA - DURHAM COUNTY I, a notary public in and for said county and state, certify that personally appeared before me this day, and acknowledged that she is City Clerk of the City of Durham, a municipal corporation, and that by authority duly given and as follows: The Vendor covenants, promises and agrees to and with the act of the City, for the consideration hereinafter mentioned foregoing Deed was signed in its corporate name by its City Manager, , sealed with its corporate seal, and contained, to furnish attested by herself as directed to the its said City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for Clerk or Deputy City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet VehiclesClerk. This would be on an as and/or needed basisthe day of , at the fees submitted, from September, 2019, to December 31, 2020, Department of 20 . My commission expires: Notary Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.EXHIBIT A ATTACHED TO DEED FROM [ ] TO [ ] LEGAL DESCRIPTION EXHIBIT B ATTACHED TO DEED FROM [ ] TO [ ]

Appears in 1 contract

Samples: Purchase and Sale Agreement

WITNESSETH. That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the parties County of , State of Idaho, described as follows, either located within an incorporated city or village at the date hereof, or containing not more that twenty acres: TOGETHER With all water, water rights, ditch and ditch rights, stock or decrees evidencing the same, rights of way, easements, tenements, and appurtenances thereunto belonging, fixtures now or hereafter attached to these presents each or used in consideration connection with the premises herein described, including but not limited to carpets, drapes, furnaces, pumps, sprinkler systems, equipment, building, and specifically included those items shown (if attached) in Exhibit B hereto, all of the agreements on the which shall be deemed to be fixtures and a part of the realty and a portion of the security for the indebtedness herein mentioned. TOGETHER WITH the rents, issues and profits thereof, SUBJECT HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. All property as defined herein is collectively referred to as the premises. FOR THE PURPOSE OF SECURING payment of the indebtedness evidenced by a promissory note, loan agreements and other herein containeddocuments, have agreed(hereinafter called the note), of even date herewith, executed by the Grantor in the sum of DOLLARS ($ ) final payment being due, ,and to secure payment of all such further sums as may be hereafter loaned or advanced by the Beneficiary, to secure all sums advanced by the Beneficiary to protect the security herein, to secure all extension, renewals and modifications hereof, and hereby do agreeto secure all further sums, advances or expenditures together with interest thereof, provided that nothing here shall obligate the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed Beneficiary to the City making of Readingsuch further loans, Pennsylvania, in accordance with advances or expenditures; and provided further that it is the bid express intention of the Vendor parties that it shall stand as continuing security until paid for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto all such advances together with interest thereon as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contractnote. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled SUBJECT TO those certain liens and satisfactory evidence to that effect furnished.encumbrances hereafter itemized and no others:

Appears in 1 contract

Samples: empiretitleidaho.com

WITNESSETH. That that the parties to these presents presents, each in consideration of the undertakings, promises, and agreements on the part of the other herein contained, have agreedundertaken, promised and agreed and do hereby undertake, promise, and hereby do agree, the City party of the first part for itself, its successors and assigns, and the Vendor party of the second part for itselfhimself and his heirs, himself or themselvesexecutors, its successorsadministrators, or his or their executors successors and administratorsassigns, as follows: The Vendor covenants, promises and Contractor agrees to furnish all equipment, machinery, tools and with the City, for the consideration hereinafter mentioned and containedlabor, to furnish as directed and deliver all materials required to be furnished and delivered in and about the City of Reading, Pennsylvania, improvement and to do and perform all work in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance specifications and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, conditions attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof, in strict conformity with the provisions herein contained and the Advertisement for Bidders, Information for Bidders, Proposal, and General, Supplemental and Special Conditions hereto annexed. All said Advertisement for Bidders, Information for Bidders, Proposal, and General, Supplemental and Special Conditions, and Contract Drawings are hereby specifically made a part of this contract as fully and to the same effect as if the same had been set forth at length herein. In consideration of the event foregoing premises, the Vendor shall fail Owner agrees to comply, in any respect, with said specifications or pay and the Contractor agrees to receive as full compensation for everything furnished and done by the Contractor under this contract; including all work required, for all loss or damage arising out of the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance nature of the work under aforesaid, or from the contractaction of the elements, or from any delay or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein specified, and for well and faithfully completing the work, and the whole thereof, as herein provided, such price or prices as are set out in the accompanying proposal, and for all work required, for which there is no item in the proposal, such compensation as is provided for in the aforesaid specifications. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under Contractor’s bid price for this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedproject is .

Appears in 1 contract

Samples: greenfield-ma.gov

WITNESSETH. That Lessor does hereby demise and lease unto Lessee Storage Building No. to be used to store personal property(except for explosives, highly flammable material, and goods) to have and to hold for a period of months, beginning on the parties to these presents day of , , Lessee paying unto Lessor the sum of $ , payable $ per month, payable each month in consideration advance as rent for the use of the agreements said premises. We do not prorate moveouts. Lessee expressly agrees and covenants with Lessor that he/she will not use said premises for any unlawful purpose and that he/she will pay the rent each month as it becomes due: that he/she will keep said premises in good condition (usual wear and depreciation excepted), and that he will not store explosive or highly flammable material or goods or any other item which would lessen the insurability of the building without the written consent of Lessor; that he/she will at his expense obtain his own insurance, if any, on the part of the other herein contained, have agreedproperty stored on said premises, and hereby do agreethat Lessor shall not be responsible for theft or damage, if any, to said property caused by fire, water, or from any cause whatever; and that Lessor shall have the City right enter into and upon said premises at reasonable time for itself, its successors and assignsthe purpose of inspecting the condition thereof, and further; That, in addition to such liens and remedies provided by law to secure and collect rent, and cumulative therewith, LEssor is hereby given a lien upon all of Lessee’s property, now or at any time hereafter stored on said premises, and in case of default in the Vendor for itselfpayment of said rent by Leessee, himself Lessor is authorized to seize and take possession of said property and place Lessor’s lock on the door of said premises, and after due notice to Lessee as provided herein, if the rent is not paid within the time specified in said notice, sell said property at a public auction or themselvesprivate sale, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees according to and with the Citynotice given, for the consideration hereinafter mentioned payment of said rent, and containedfrom the proceeds of such sale Lessor shall satisfy his lien, including the reasonable cost of such sale, the balance, if any, of such proceeds, shall be paid to furnish as directed lessee; that said notice shall be in writing and shall be delivered in person or by certified or registered letter, addressed to the City address of Reading, Pennsylvania, in accordance with the bid Lessee shown below and shall contain a demand for payment of said rent on or before a day mentioned not less than ten days from delivery of the Vendor for notice if it be personally delivered or from the Request for Qualifications for Maintenance time when the notice should reach its destination according to due course of the U.S. Mail Service if sent by mail, and Repairs for City Wide Fleet Vehicles dated August 21a statement that unles the rent is paid within the time specified the property will be sold at a specified time and place; Provided further, 2019that should Lessee hold over and retain possession of said premises after the expiration of the lease, submitted his occupancy of said premises shall be as tenant from month to month, and that all the Citycovenants and conditions contained herein shall continue in full force and effect so long as Lessee holds over and retains possession of said premises. A breach of any of the foregoing covenants and conditions by Lessee, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basisshall, at the fees submitted, from September, 2019, to December 31, 2020, Department option of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of Lessor terminate this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which lease and said lease shall have fully met the specifications herein contained, or hereto attached become null and made a part hereofvoid. In the event that it becomes necessary for Lessor to employ an attorney to enforce any provisions hereof, the Vendor LEssee shall pay the fees of such attorney for such service. Lessee agrees that if Lessee shall fail to complypay the rent and the rent becomes past due, in any respect, with said specifications or this contract, then Lessor shall have the City may terminate this contract by giving right and privilege to padlock the Vendor written notice. Upon door to the said merchandise being duly tested and accepted by the proper City employees as meeting storage building with the specifications padlock of the Lessor. Lessor, shall not remove padlock of the LEssor until the balance of the rent is paid or until the personal property is sold. IF the rent becomes 30 days past due, then the Lessor shall have the right and conditions, privilege to deliver a 10 day written notice to Lessee at the City shall address below and LEssor will have the right and privilege to remove the padlock of the Lessee and remove the contents from the storage building and Lessee agrees to pay a reasonable service and handling charge for the quantities thereof currently ordered removal and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance storage of the work under the contract. The Vendor personal property of Lessee, Lessee further agrees that in case any such suits or actions are brought or threatened all or as much the contents of the monies due it, him or them under this contract as shall or storage facility may be considered necessary sold at auction in order to pay the cost of the rent of the storage facility. Lessee further agrees that the rent shall be due on the 1st day of each month and in the event the rent is not paid as agreed and not received by the City shall or may be retained without any liability 10th of the City month, then the LEssee shall pay $5.00 per month late payment fee on any unpaid balance. Lessee further delivers to Lessor the Vendor for interest thereon because correct driver’s license number of such retention until all such suits Lessee along with correct permanent address and telephone number as shown below. LEssee agrees to immediately notify LEssor of any change in mailing address or claims shall have been settled and satisfactory evidence to that effect furnishedphone number.

Appears in 1 contract

Samples: Storage Lease Agreement

WITNESSETH. That the parties to these presents each Lessor, in consideration of the agreements rents and covenants hereinafter set forth, does hereby lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, that certain space shown and designated on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, floor plan attached hereto as Exhibit “A” and made a part hereof as Exhibit A, located in the following merchandise Office/Warehouse Complex known and described as per specifications: To provide both routine maintenance Eagle Creek Commerce Center West located at 0000 Xxxxx Xxxxx Xxxxxxx, Xxxxxx, Xxxxxxxxx 00000. The area upon which rental is calculated includes all areas within the outside edge of outside walls and repairs, as well as emergency repairs that are above to the center of demising walls (or to demising lines if no demising wall exists) common with other tenants or with vacant space and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy Lessee's proportionate share of the fee schedule is attached as Exhibit “A”common electrical and mechanical rooms in the Office/Warehouse Complex. The use aforesaid space leased and let unto Lessee is hereinafter referred to as the "Premises"; and the land (including all easement areas appurtenant thereto) upon which the building or buildings of this Vendor may be extended for 2 additional 1 year terms at which the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made Premises are a part hereof. In is hereinafter referred to as the event "Property"; and the Vendor shall fail to comply, Property and all buildings and improvements and personal property of Lessor used in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting connection with the specifications operation or maintenance thereof located therein and conditionsthereon and the appurtenant parking facilities, if any, are hereinafter called the City shall pay for the quantities thereof currently ordered and delivered"Office/Warehouse Complex." TO HAVE AND TO HOLD THE SAME PREMISES, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about the City Premises, except as expressly provided herein, for a term of five (5) years, zero (0) months, commencing on the 1st day of May, 2004 and ending on the 30th day of April, 2009, unless sooner terminated, in the manner provided hereinafter, to be occupied and used by Lessee for office/warehouse purposes and for no other purpose, subject to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled covenants and satisfactory evidence to that effect furnishedagreements hereinafter contained.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (CSAV Holding Corp.)

WITNESSETH. That the said Xxxxxx has granted and leased, and by these presents does grant and lease unto the said Lessee the premises herein described to be used for a household dwelling known as Lake Darpo Caretaker House located adjacent to Lake Darpo located at 000 Xxxx Xxxxx Xxxx with all the appurtenances thereto belonging. TO HAVE AND TO HOLD the said premises unto the said Lessee for the full term commencing on January 2, 2019 and ending on December 31, 2019. This agreement for the Caretaker’s residence will continue to be a part of the package for the Caretaker position and will continue until such time the county decides to (1) eliminate the Caretaker position, (2) end the contract with the lessee for the position of Caretaker, or (3) the lessee chooses to vacate the position of Caretaker. AND, it is further agreed that no less than a two (2) week’s notice, in writing, be given previous to the vacating of the Caretaker’s position by the Xxxxxx. The destruction of the premises by fire, or any other casualty, shall terminate this agreement. It is mutually understood that the Lessee shall make no repairs at the expense of the Lessor, and any alterations or improvements desired by the Lessee shall be at the Lessee’s own cost, must be done under the written sanction of the Lessor, and all such alterations or improvements shall be surrendered to the Lessor on the Lessee’s removal. The Lessee shall make good all breakage of glass and all other injuries done to said premises during the Lessee’s tenancy, except such as are produced by normal wear and tear. AND, it is also agreed that the said Lessee shall not convey this Lease or sublease any part of the premises without the written consent of the said Xxxxxx. AND, it is further stipulated and understood by the parties to these presents each presents, that the Lessor shall have the right to annul and terminate this Lease with thirty (30) days written notice. AND, it is agreed, that should said Lessee assign, transfer, sell, remove, or in consideration any manner dispose of the agreements on goods and chattels within the part above leased premises, then the entire amount of costs associated with the replacement of said goods and chattels shall be considered as due and payable within 30 days of discovery. And, lastly, it is agreed by and between the parties hereto that at the expiration of the other Caretaker’s position for any of the above referenced reasons, the Lessee must vacate the premises within two (2) weeks. Should the Lessee fail to vacate the premises within the two (2) week period, a rental cost of $100 per day will be in effect. And in addition to all the covenants herein contained, have agreedthe Lessee shall be responsible for the payment of all utilities, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the Cityexception of local phone service, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, duties outlined in accordance with the bid of the Vendor Exhibit A for the Request premises and shall abide by all rules for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, rental property as shown in Exhibit B attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of hereby incorporated into this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedlease.

Appears in 1 contract

Samples: legistarweb-production.s3.amazonaws.com

WITNESSETH. That the parties to these presents each Landlord, in consideration of the agreements rents and mutual covenants hereinafter set forth, does hereby lease, demise and let unto Tenant, and Tenant does hereby hire and take from Landlord the Premises (as hereinafter defined) which includes all of the space located in the office building ("Building") to be constructed on the part of the other land located in Loudoun County, Virginia described on Exhibit A attached hereto and incorporated herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: by reference. The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, Building will be constructed in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, Work Agreement attached hereto as Exhibit “A” B. The land (including all easement areas appurtenant thereto) upon which the Building is located is hereinafter referred to as the "Property"; the Property and made a part the Building are collectively hereinafter referred to as the "Premises"; and the Premises and all buildings and improvements and personal property of Landlord used in connection with the operation or maintenance thereof located therein and thereon and the appurtenant parking facilities are hereinafter called the "Office Complex." Tenant hereby accepts this Lease and the Premises upon the covenants and conditions set forth herein and subject to any encumbrances, covenants, conditions, restrictions and other matters of record as of the date hereof and all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond use of the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public WorksPremises. TO HAVE AND TO HOLD THE SAME, for a "term" of approximately ten (10) years commencing on the City earlier to occur of Reading’s City Wide Fleet Vehicles(i) Final Completion of the Building (as defined in Exhibit B), or (ii) use and occupancy by Tenant of any portion of the Building, but in no event prior to June 1, 1998, and ending on the tenth (10) anniversary of the Commencement Date, unless sooner terminated in the manner provided hereinafter. This would be The date on an which the term of the Lease begins is sometimes hereinafter referred to as and/or needed basisthe "Commencement Date". Following the Commencement Date, at Landlord shall deliver to Tenant a Commencement Notice which shall contain the fees submittedexact Commencement Date, from Septemberthe number of square feet of net rentable area contained in the Building, 2019and other reasonably pertinent date. If Tenant disputes the square footage as set forth in the Commencement Notice, Tenant shall notify Landlord in writing within ten (10) days of Landlord's delivery of the Commencement Notice. If Landlord and Tenant are unable to December 31, 2020, Department resolve the dispute within twenty (20) days of Public WorksLandlord's delivery of the Commencement Notice, a copy measurement shall be made by a third party mutually acceptable to Landlord and Tenant using the method specified in Section 16.31 hereof, and the third party's determination shall govern. Upon execution of the fee schedule is attached Commencement Notice by Landlord and Tenant, the Commencement Notice shall be conclusive and binding on Landlord and Tenant as Exhibit “A”to all matters set forth therein. The use of Notwithstanding anything to the contrary contained in this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein containedLease, or hereto attached and made a part hereof. In in the event the Vendor shall fail to complyCommencement Date has not occurred on or before December 1, in any respect, with said specifications or this contract1998, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end terms of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance paragraph A(l)(c) of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as Work Agreement shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedgovern.

Appears in 1 contract

Samples: Stanford Telecommunications Inc

WITNESSETH. That the parties to these presents each in Contractor, for the consideration of fully set out, xxxxxx agrees with the agreements on the part of the other herein contained, have agreed, and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, Owner as follows: The Vendor covenantsConstruction Project The Contractor shall furnish all materials and perform all the work for and in connection with NAME OF PROJECT, promises and agrees to and with DCSB PROJECT NO., BID REFERENCE NO., accepting the Citybase bid AND ALTERNATES, for accepting the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvaniabase bid, in accordance with a manner and form provided for by the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21following enumerated Contract Documents, 2019, submitted to the City, which are attached hereto as Exhibit “A” and are made a part hereof as if fully contained herein: Proposal and all Bid Documents Construction Contract (This Agreement) Performance Bond and Statutory Payment Bond General Conditions Supplementary Conditions Special Requirements and Provisions Drawings and Project Manual (Specifications) All Addenda Issued in Connection Therewith Notice of Award Notice to Proceed The Contract Time The Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order from the Owner (the “Notice to Proceed”) and shall achieve Substan­tial Completion (“Substantial Completion Date”) of all work hereunder within days written out (number) consecutive calendar days, including holidays and average rain days, from the date identified in the Notice to Proceed. All work and closeout requirements shall be Finally Completed (“Final Completion Date”) within Thirty (30) consecutive calendar days, including holidays and average rain days, after the date of Substantial Completion. Inasmuch as failure to complete the Project within the time fixed in this Agreement will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the Project is not substantially completed and finally completed in the time allocated above, the Contractor shall pay to the Owner as liquidated damages, which shall represent the cost for Owner's inconvenience and the extended administrative cost only, the sums stipulated in paragraph K., Liquidated Damages, of this Agreement. These Liquidated Damages shall be in addition to other actual damages. The Owner shall not be respon­sible for any costs incurred by the Contractor prior to the issuance of the Notice to Proceed, should the notice be delayed or not issued. The Contract Amount For the faithful performance of this Agreement, the Owner hereby agrees to pay the Contractor the sum of amount written out (number) in lawful money of the United States of America, in the manner following merchandise as per specifications: To in subsequent sections of this Agreement. Schedule of Values The Contractor shall provide both routine maintenance for the Owner and repairsArchitect/Engineer's approval, prior to submitting the first Request for Payment, a Schedule of Values setting forth an itemized listing of each major construction area (trade, discipline, etc.) and its respective allocated dollar value. This schedule shall be for the purpose of more accurately determining the aforesaid partial payments. The Owner may withhold payments until receipt of an approved Schedule of Values, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided determined by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet VehiclesOwner. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished.Partial Payments:

Appears in 1 contract

Samples: dcps.duvalschools.org

WITNESSETH. That the parties to these presents each in consideration of the agreements on the part payment of the other herein contained, have agreed, rents and hereby do agree, the City for itself, its successors and assigns, and the Vendor for itself, himself or themselves, its successors, or his or their executors and administrators, as follows: The Vendor covenants, promises and agrees to and with the City, for the consideration hereinafter mentioned and contained, to furnish as directed to the City of Reading, Pennsylvania, in accordance with the bid of the Vendor for the Request for Qualifications for Maintenance and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairs, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the City of Reading’s Division of Fleet Management, Department of Public Works, for the City of Reading’s City Wide Fleet Vehicles. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may be extended for 2 additional 1 year terms at the City of Reading’s discretion. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained, or hereto attached and made a part hereof. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written notice. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under covenants herein agreed to be paid and performed by the contractlessee, in the manner herein stated, the lessor does hereby lease unto the lessee the following described property, situated at 0000 Xxxxxxxx Xxxxxx, Xxxxx, Xxxxxxx 00000 for the term of One Year to-wit: from the lst day of July, 1998, to the 30th day of June, 1999, at the monthly rental of Four Hundred dollars ($400.00), lawful money of the United States of America, payable monthly in advance, on the lst day of each month of said term. And the said lessee does hereby promise to pay the rent in the manner specified, and not to assign this lease, or let, or underlet the whole or any part of said premises, or make, or suffer to be made any alterations therein, without the written consent of the lessor, which consent shall not be unreasonably withheld. The Vendor said lessor shall not be called upon to make any improvements or repairs, the lessee agreeing to keep the premises in good order at their own expense, suffering no strip or waste thereof; but the lessor may enter to view or make improvements or repairs at their option. The lessee further agrees that not to use or keep on the premises any article which the insurance companies may deem extra-hazardous, or which increases the rate of insurance. At the expiration of said term, or prior termination of this lease, the lessee will quit and surrender the premises in case as good order as he/she received them, reasonable wear thereof and damage by the elements excepted. And should default be made in the payment of any such suits or actions are brought or threatened all or as much portion of the monies due itrent when due, him and for 15 days thereafter, or them under this contract in the keeping of any of the covenants herein contained, said lessor, their agent or attorney, may (subject to the giving of such notice, if any, as shall be required by law) re-enter and take possession of said premises, remove all persons therefrom and at Lessors option terminate this lease, or without terminating this lease the lessor may be considered necessary by have the City shall or may be retained without any liability remedies provided in Civil Code of the City to State of Florida. WITNESS our hands this ___1st____ day of July, 1998 Signed and Delivered in the Vendor for interest thereon because Presence of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnished._______/s/_____________ Marbo', Inc. _______/s/_____________ Amenitique, Inc.

Appears in 1 contract

Samples: Lease (Nolbo Inc)

WITNESSETH. That the parties to these presents each for and in consideration of the premises and covenants, agreements on the part of the other and stipulations herein contained, have agreed, and hereby do agree, the City for itself, its successors and assignscontained are set forth, and the Vendor for itselfpayments to be made as therein provided, himself or themselves, its successors, or his or their executors and administrators, the parties hereto agree as follows. That LESSOR does hereby lease to LESSEE and LESSEE does hereby rent and take the following premises for the period specified, under the following terms and conditions; for DESCRIPTION OF EVENT FACILITY BUILDING LOCATION DATE TIME CAPACITY FROM TO [ ] Auditorium-Plan 386 000 X. 0xx Xxx. [ ] Courtyard [ ] Promenade Courtyard 000 X. Xxxxxxxxxx Xx. 000 X. 0xx Xxx. CHARGES: The Vendor covenantsRECEIPT NUMBER AMOUNT PAID DATE BALANCE [ ] Deposit for Damages: Due $ $_ $ [ ] Rental Fees: ..……………………………………... $ _ $_ $_ _ [ ] Police From _ To Hrs. $ _ $_ _ $_ _ [ ] Other: $ _ _ $_ $_ [ ] Other: $ $ $ Total $ _ _ $ _ $ _ All above charges are due and payable by _, promises , . City reserves the right to cancel this Contract if the above charges are not paid in full by their respective due date(s) as established by the City. It is understood and agrees to and agreed that this agreement along with the CityTerms and Conditions constitute the Contract. XXXXXX, for by the consideration hereinafter mentioned execution of this Contract, acknowledges that he/she has read such Terms and containedConditions, to furnish as directed to and understands their meaning and effect. In addition, all ordinances of the City of ReadingEdinburg relating to rental, Pennsylvaniause, in accordance with the bid etc. of the Vendor for the Request for Qualifications for Maintenance building and Repairs for City Wide Fleet Vehicles dated August 21, 2019, submitted to the City, attached hereto as Exhibit “A” premises leased are hereby incorporated by reference and made a part hereof the following merchandise as per specifications: To provide both routine maintenance and repairsfor all purposes. XXXXXX, as well as emergency repairs that are above and beyond the routine maintenance and repairs that are provided by the execution of this Contract, acknowledges its duty to abide by all such ordinances. To receive full refund of initial deposit, cancellation of this contract must be made by . Lessee understands that any temporary checks used as form of payment are completely and strictly prohibited as punishable and dismissible by The City of Reading’s Division of Fleet Management, Department of Public Works, for the Edinburg. I understand that The City of Reading’s City Wide Fleet VehiclesEdinburg is under authority to withdraw any and all rental agreements should a temporary check be used as form of rental facilities payment. This would be on an as and/or needed basis, at the fees submitted, from September, 2019, to December 31, 2020, Department of Public Works. Lessee understands that any foods or beverages are strictly prohibited and if in which case these rules are not adhered by, a copy of the fee schedule is attached as Exhibit “A”. The use of this Vendor may monetary consequential result will be extended for 2 additional 1 year terms at the administered by City of Reading’s discretionEdinburg. The Vendor agrees to furnish only such merchandise which shall have fully met the specifications herein contained. TO THE MAXIMUM EXTENT ALLOWED BY LAW, or hereto attached and made a part hereofXXXXXX HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY, ITS AGENTS, EMPLOYEES, AND OFFICERS FROM AND AGAINST ANY CLAIM, LOSS, DAMAGE, LIABILITY, AND EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, INCURRED OR SUFFERED BY IT, BY REASON OF ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ASSERTED OR THAT MAY BE ASSERTED, AGAINST ANY OR ALL OF THE ABOVE NAMED PARTIES, WHETHER ALLEGING INTENTIONAL OR NEGLIGENT ACTS OR OMMISSIONS, AND WHETHER SEEKING COMPENSATORY OR PUNITIVE DAMAGES, AND INVOLVING, ARISING OUT OF, OR RELATING TO THIS RENTAL CONTRACT AND ANY OTHER CLAIMS AGAINST ANY STAFF MEMBER OF CITY OF EDINBURG RELATING HERETO. In the event the Vendor shall fail to comply, in any respect, with said specifications or this contract, the City may terminate this contract by giving the Vendor written noticeLESSOR MAY REQUIRE LESSEE TO OBTAIN AT ITS OWN EXPENSE LIABILITY INSURANCE. Upon the said merchandise being duly tested and accepted by the proper City employees as meeting with the specifications and conditions, the City shall pay for the quantities thereof currently ordered and delivered, at the end of each calendar month, upon an invoice being presented by the Vendor setting forth the exact quantities thereof delivered during said month. The Vendor agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against it for or on account of use of patented appliances or for any damages or injuries received or sustained by any person or persons in the performance of the work under the contract. The Vendor further agrees that in case any such suits or actions are brought or threatened all or as much of the monies due it, him or them under this contract as shall or may be considered necessary by the City shall or may be retained without any liability of the City to the Vendor for interest thereon because of such retention until all such suits or claims shall have been settled and satisfactory evidence to that effect furnishedLessee Initials _.

Appears in 1 contract

Samples: static1.squarespace.com

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