Construction & Maintenance Clause Samples

Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. b. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. c. Structures built by the DOT over or under a primary road will be maintained structurally sound by the DOT, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road system, the cleaning and removal of snow, debris and foreign objects from local road traffic lanes, sidewalks or walkways within the project limits (if any) including pedestrian overpasses or underpasses will be the responsibility of the LPA.

Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. b. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.

Construction & Maintenance. The Developer (including its affiliates, and its or their designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose of completing the construction thereof, or any part thereof, or any addition or renovation thereto, or any Improvements or Units located or to be located thereon, and to repair, replace and maintain, without any obligation, the Condominium Property or any part thereof when the Association fails to do so.

Construction & Maintenance. Armstrong will maintain the Cable System in a safe and suitable condition, in good repair and in working order at all times. The Cable System shall be built for digital television standards with a bandwidth of no less than 750 MHz with addressable technology. Where and when reasonably available, Armstrong will utilize the existing poles, conduits, or other facilities of public utilities or other third parties legally in the Public Way. If no public utility or other third party poles, conduits, or other facilities are reasonably available, then Armstrong will submit the proposed build-out plans to the Township for approval or reasonable disapproval. The technical quality of the Cable Service will be sufficient to provide subscribers with high-quality television reception. The Cable System will meet or exceed all technical performance standards of the FCC, the National Electric Code, the National Electrical Safety Code, and any other applicable federal laws as well as any state or local laws, ordinances, or construction standards. Armstrong will take reasonable efforts to (i) assess subscriber needs and viewing preferences and (ii) provide substitute programming for any existing programming that is discontinued or otherwise becomes unavailable. Armstrong will provide service to every occupied dwelling requesting Cable Service provided that Armstrong is able to obtain any necessary easements and/or permits. Armstrong will extend the Cable System into all areas within the Township where there is a minimum of twenty

Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. b. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in Instructional Memorandum 2.110.

Construction & Maintenance. The Developer (including Developer’s Affiliates and its or their designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property, including without limitation, any portion of a Unit, and take all other action necessary or convenient for the purpose of undertaking and completing the construction (including, without limitation, any Developer contractual punchlist obligations) thereof and/or any portion of the Common Elements and/or Association Property and/or any portion of any Unit, or any part thereof, or any Improvements located or to be located thereon, and/or any improvements located or to be located adjacent thereto and for repair, replacement and maintenance or warranty purposes or where the Developer, in its sole discretion, determines that it is required or desires to do so. The Association (and its designees, contractors, subcontractors, employees) shall have the right to have access to each Unit from time to time during reasonable hours as may be necessary for pest control purposes and for the maintenance, repair or replacement of any Common Elements or any portion of a Unit, if any, to be maintained by the Association, or at any time and by force, if necessary, to prevent damage to the Common Elements, the Association Property or to a Unit or Units, including, without limitation, (but without obligation or duty) to close exterior storm shutters in the event of the issuance of a storm watch or storm warning.

Construction & Maintenance. The Improvements shall be constructed in a good and workmanlike manner and in all respects in compliance with applicable Laws. Lessee shall not have any right, authority, or power to bind Lessor, the Leased Premises, or any interest of Lessor in the Leased Premises, for any claim for labor, materials, or specially fabricated materials or for any other charge or expense incurred in or related in any manner to erection and construction of any of the Improvements on the Leased Premises or any alterations, additions, or improvements thereto or any replacement or substitution therefor. LESSEE SHALL INDEMNIFY LESSOR AGAINST AND HOLD IT HARMLESS FROM ALL LIABILITY, COSTS, AND EXPENSES RELATED TO ANY CLAIMS OR LIENS BY WHOMSOEVER MADE OR FILED ARISING OUT OF SUCH CONSTRUCTION, INCLUDING ANY MECHANIC’S OR MATERIALMEN’S CLAIMS OR LIENS. LESSEE SHALL TAKE ANY ACTION NECESSARY TO RELEASE OR DISCHARGE ANY SUCH CLAIMS OR LIENS MADE OR FILED AGAINST LESSOR OR ITS PROPERTY (INCLUDING THE LEASED PREMISES); PROVIDED, THAT IF LESSEE CONTESTS THE VALIDITY OF SUCH A LIEN IN GOOD FAITH, LESSEE MAY, IN LIEU OF OBTAINING A RELEASE THEREOF, POST A BOND OR OTHER SECURITY REASONABLY SATISFACTORY TO LESSOR SUFFICIENT TO PROTECT LESSOR THEREFROM DURING THE PENDENCY OF SUCH CONTEST. Lessee shall not in any way be considered as an agent or agents of Lessor in connection with the construction, erection, alteration, replacement, or operation of the Improvements on the Leased Premises. Lessor shall have the right to post such notices of nonresponsibility on or about the Leased Premises or the Improvements thereon concerning the foregoing as Lessor shall elect.

Construction & Maintenance. No single wide homes less than 14 feet in width as calculated and specified by the mobile home industry standards shall be placed on the leased or rented premises. No double wide less than 20 feet in width as calculated and specified by the mobile home industry standards shall be placed on the leased or rented premises. (Reference to the mobile home industry standards is made due to the reason that mobile homes are not manufactured to exact measurements to the foot, but maybe slightly shorter or slightly longer than the indicated length or width).

Construction & Maintenance. Tenant shall maintain the Leased Premises and the Common Areas adjoining the same in a clean and orderly condition during construction. Tenant shall promptly remove all unused construction materials, equipment shipping containers, packaging, debris and waste from the Building and deposit it in receptacles, or otherwise remove the same from the Building. Tenant shall contain all construction materials, equipment, fixtures, merchandise, shipping containers and debris within the Leased Premises