XXXX Contract. Evergreen Clauses: Still a Useful Commercial Contracting Tool, but Not Without Pitfalls, 97 MI Bar Jnl. 22, 23 (Sept. 2018) (“A typical evergreen clause generally provides that the term of an agreement will automatically renew for subsequent periods of the same length unless either party provides written notice of termination to the other party within some minimum period before the current term expires.”). 24 Even though this provision is reciprocal, it is one of the many provisions in the joint use agreement that disproportionately benefits the party owning less than its “objective percentage” of its facilities from any or all of those 62,000 poles whenever it chooses and it will no longer be required to pay a “rate” with respect to such poles. Given this, and under the specific joint use agreement at issue here, the Commission’s presumptions cannot, as a matter of law and logic, apply to joint use poles in existence as of the effective date of the new rule. Otherwise, this would be tantamount to forced access at regulated rates—a result that all parties and the Commission agree is inconsistent with the scope of the Pole Attachments Act.25 As it relates to new joint use poles—in other words poles to which AT&T has not yet gained access under the terms of the existing joint use agreement—DEF is willing to allow AT&T to gain access to such poles under rates, terms and conditions identical to DEF’s CATV and CLEC attachers, a point which DEF made clear in the July 26, 2019 and October 24, 2019 meetings between the parties.26 DEF denies any remaining allegations in paragraph 11.
XXXX Contract. Xxxx Safety Consulting Inc agrees to provide On Demand with at least 10 Referral work Contracts per years quarter.
XXXX Contract. If the LPA hires a prequalified consultant, the LPA shall be responsible for monitoring the consultant’s activities and ensuring that the consultant is following all State laws, regulations, policies, and guidelines.
XXXX Contract. If the PARK DISTRICT hires a prequalified consultant, the PARK DISTRICT shall be responsible for monitoring the consultant’s activities and ensuring that the consultant is following all State laws, regulations, policies, and guidelines. ODOT shall be responsible for the review of all environmental documents and reports, and complete all needed coordination activities with regulatory agencies toward securing environmental clearance. The PARK DISTRICT shall be responsible for assuring compliance with all commitments made as part of the PROJECT’s environmental clearance and/or permit requirements. The PARK DISTRICT shall require its consultant, selected to prepare a final environmental document pursuant to the requirements of the National Environmental Policy Act, to execute a copy of a disclosure statement specifying that the consultant has no financial or other interest in the outcome of the PROJECT. When applicable, the PARK DISTRICT shall cooperate with the Ohio Historical Society and the Ohio Historic Site Preservation Advisory Board, pursuant to Section 149.53 of the Ohio Revised Code, to ensure the preservation of archaeological and historic sites and the recovery of scientific information from such sites.
XXXX Contract. The JPA and the Developer would consult on the most efficient procedure for the JPA to retain the XXXX to perform value engineering services during the preparation and approval of the Project Construction Documents, act as the general contractor for the construction of the Project, provide the payment and completion surety bonds related to the construction of the Project and provide a guaranteed maximum price (the “GMAX”) for the Project (which GMAX would include a mutually acceptable contingency). The Developer would recommend general contractors for, as applicable, the JPA’s consideration or participation in any procedure necessary for the JPA to retain the XXXX. The Developer, at its initial cost, would (i) prepare any Project information necessary for the JPA’s solicitation of the XXXX and (ii) retain legal counsel to prepare (A) a draft form of construction contract and (B) draft responses to any XXXX comments on the construction contract, each for the JPA’s consideration. The JPA, at its initial cost, would retain any additional legal counsel necessary to negotiate and finalize the contract with the selected XXXX.
