City Performance Sample Clauses

City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within forty five (45) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
City Performance. In the event of any breach of this Agreement by Tenant, City may (but shall have no obligation to), after first giving Tenant five (5) days’ written notice, cure any breach in the payment of money or performance of any act required under this Agreement, but without obligation of City to make such payment or perform such act and without waiving any right of City or relieving Tenant from any obligation under this Agreement. If in so doing, City is required or elects to pay any money or do any act which will require the payment of any money or the incurrence of any cost or expense, Tenant covenants and agrees to reimburse City the sum or sums of money so paid or incurred by City together with interest at the rate of one and one half percent (1 ½ %) plus costs and damages, as part of the Concession Fee or other fees and charges, within ten (10) days of the first day of the calendar month following City’s incurrence or payment of same. The failure to timely pay the same shall constitute an Event of Default.”
Sample 1Sample 2Sample 3
City Performance. As the implementing agency, the City shall be responsible for managing scope, cost, schedule, and quality of the work activities and products of the Project’s construction phase. The construction phase includes construction contract administration, surveying/staking, inspecting, quality assurance, and assuring regulatory compliance. Due to the nature of the Project, the construction phase will also include system integration activities and development of incident response timing plans. Prior to the advertisement of activities related to the construction phase, the City shall provide document(s) that describe its procurement policies and its proposed bid documents to the C/CAG Program Director for review and approval. The City will manage the procurement process, and will advertise, open bids, award, negotiate, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. If the negotiated price, or the lowest responsible construction contract bid, is greater than the funding commitment identified in Exhibit B, Funding Summary, the Parties must agree in writing on a course of action within ten (10) business days from the bid opening or conclusion of price negotiations. If the Parties cannot agree on a course of action within ten (10) business days, the City will not award the construction contract. The City shall ensure that contractors perform regular safety briefings and that contractors adhere to site and job specific OSHA safety requirements. Upon completion of the construction activities, the City shall perform inspection services in accordance with all applicable regulations. Prior to final acceptance, the City and/or the City’s contractor shall demonstrate to C/CAG that C/CAG and Caltrans have the ability to observe CCTV inputs, operate and modify trailblazer sign messages, and monitor and control traffic signal operations. The City shall provide and maintain accurate field data on a red-lined set of Project Plans, which are to be kept current and submitted to C/CAG as complete at the conclusion of the construction. These record Plans will be used as documentation for the preparation of “as- built” Plans. The City shall provide C/CAG a set of the “as-built” plans within a month from notice of completion.
Sample 1Sample 2
City Performance. 2.1. City shall supply its personnel with all necessary, authorized equipment needed to provide communications that are compatible with emergency center operations. City shall be responsible for maintaining its equipment.
Sample 1
City Performance. If the Developer fails to commence to repair such damage within a reasonable time after written notice from the City and diligently pursue the restoration of the Site to completion, the City may perform such repair and restoration work, and the Developer agrees to compensate the City for the actual cost thereof plus a 10% charge for overhead expenses related thereto upon receipt of an invoice therefor with reasonable supporting documentation. Developer shall cause its agents and contractors to execute and deliver to the City such waivers of liability as the City may reasonably request as a condition to entry upon the Site. The provisions of this subsection will survive the expiration or earlier termination of this Agreement.
Sample 1
City Performance a. The CITY will pay the BUREAU an amount of the hotel/motel tax actually collected by the Iowa Department of Revenue from within the city limits of Marshalltown, Iowa according to the schedule as outlined below, and received by the CITY. Period Formula June 1, 2006 – May 31, 2007 75% of revenue generated June 1, 2007 – May 31, 2008 74% of revenue generated June 1, 2008 – May 31, 2009 73% of revenue generated June 1, 2009 – May 31, 2010 72% of revenue generated June 1, 2010 – May 31, 2011 71% of revenue generated June 1, 2011 – May 31, 2012 71% of revenue generated up to $219,000 with revenues above this amount split 65% to the BUREAU and 35% to the CITY June 1, 2012 – May 31, 2013 71% of revenue generated up to $219,000 with revenues above this amount split 65% to the BUREAU and 35% to the CITY. June 1, 2013 – May 31, 2014 71% of revenue generated up to $219,000 with revenues above this amount split 65% to the BUREAU and 35% to the CITY. June 1, 2014 – May 31, 2015 71% of revenue generated up to $219,000 with revenues above this amount split 65% to the BUREAU and 35% to the CITY. June 1, 2015 – May 31, 2016 67% of revenue generated. June 1, 2016 – June 30, 2017 July 1, 2017 – June 30, 2018 July 1, 2018 – June 30, 2019 67% of revenue generated. 67% of revenue generated. 67% of revenue generated.
Sample 1
City Performance. The City shall engage in negotiations with Intermountain for the co- location of City conduits along portions of the Project’s Smart Corridor as described in Exhibit A. As the lead agency for the project design and construction, the City shall review and verify Intermountain’s conduit design plans to confirm that the proposed deployment aligns with the Smart Corridor routes depicted in Exhibit A. C/CAG is available to assist City with its determination that the proposed deployment aligns with the Smart Corridor Routes in Exhibit A, but such determination shall be made by the City. The City shall be responsible for negotiating and coordinating with Intermountain for the co-location of conduits and the deployment of such conduits along the routes in Exhibit A. The City shall allocate such conduits for the Project’s use serving the Smart Corridor routes depicted in Exhibit A. Further, the City shall inspect the conduits once the trenching and/or boring process has been completed to certify that the conduits are up to the appropriate specifications and standards required for the Smart Corridor project. The City shall notify C/CAG of any deviations in the conduit alignment due to changes required in the field in a timely manner. The City agrees to follow all applicable laws and statutory regulations.
Sample 1
AutoNDA by SimpleDocs
City Performance. The City agrees as follows: Beginning June, 2011, and continuing through May, 2015, the City will contribute one-half of funds collected under the authority of Proposition 1, as they are received by the City, to the County for the following purposes:  Maintain and continue normal operations of Memorial Field;  Reopen programming and maintain the Port Xxxxxxxx Recreation Center; and  Help fund/match grants to make capital improvements to these facilities.
Sample 1
City Performance. (i) City shall have, either prior to or concurrently with Owner’s performance of its material obligations hereunder, duly performed each and every material obligation to be performed by it hereunder, and (ii) City’s representations and warranties set forth in Paragraphs 10.1, 10.2 and 10.3 below shall be true and correct on the date hereof and as of the Close of Escrow.
Sample 1

Related to City Performance

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Work Performance All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other Government or private contracts.

  • Contract Performance C19.1 The Contractor shall ensure that:

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

  • Service Performance All Services provided by the Agency shall be performed in a diligent, safe, courteous, and timely manner in accordance with this Contract and the Associated federal requirements.

  • PEACEFUL PERFORMANCE The parties to this agreement agree that there shall be no Job Actions or lockouts during its term. Job Action is defined as any strike, sit–down, stay–in, sick–out, refusal to work overtime, slowdown or picketing. In the event of any Job Action by any represented employee(s), the Association shall, in writing, advise the employee(s) to cease their action(s) and resume normal work. The Association shall give a copy of its notice to the County. The County retains the right to discipline employees participating or giving leadership to actions which violate this section and to seek legal remedies, including damages, against them.

  • Continuing Performance Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, unless to do so would be impossible or impracticable under the circumstances.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

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