Common use of Duty to Maintain Clause in Contracts

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the historic facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Private Improvements and during the TIF Tax Increment Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the historic facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Tax Increment Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Private Improvements and during the TIF Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the historic facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Private Improvements and during the TIF Tax Increment Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Tax Increment Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements New Building and during the TIF Tax Increment Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to exterior facades of the facadeNew Building, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Tax Increment Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF PeriodPrivate Improvements, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district), removal of snow and ice from sidewalks sidewalks, driveways, and parking areas, in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facadeFaçade Enhancements and the Plaza Enhancements, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Period Façade Enhancements and the Plaza Enhancements including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade Façade Enhancements and the Plaza Enhancements that alters its their state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including including, but not limited to to, sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facadeHistoric Preservation, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade Historic Preservation during the TIF Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state or appearance from the Exterior Construction Documents, wear and tear excepted. Any such alteration made is deemed contrary to and in violation of the the Historic Preservation Easement attached as Exhibit F. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of each project of the Redeveloper Improvements and during the TIF PeriodNew Housing, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district), removal of snow and ice from sidewalks sidewalks, driveways, and parking areas, in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facadeFaçade Enhancements, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Period Façade Enhancements including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade Façade Enhancements that alters its their state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provisionThe City acknowledges that Redeveloper intends to sell each of the 24 attached single-family dwellings in the New Housing to individual home buyers, who shall, by accepting title to such single-family dwellings subject to this Agreement, assume the Redeveloper and its tenants, at their expense, shall have obligation to maintain the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site may be locatedbuyer’s single-family dwelling.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Private Improvements and during the TIF Tax Increment Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to Regarding the facade, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade during the TIF Tax Increment Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF Tax Increment Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. Redeveloper shall not protest the creation of a maintenance Business Improvement District in the Project Area to maintain some or all of the Streetscape Improvements. With regard to the facadehistoric and enhanced Façade , the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade Façade during the TIF Tax Increment Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.

Duty to Maintain. Redeveloper at its own cost and expense shall, following construction of the Redeveloper Improvements and during the TIF Period, keep the same in a safe and sanitary condition and shall take all action reasonably necessary to (a) maintain, in good order and condition and state of repair, all interior and exterior portions of the buildings including the routine and reasonable preventive maintenance of the buildings and their service facilities such as the wiring, plumbing, heating and air conditioning systems, interior insect treatment, and all glass including plate glass, exterior doors and automatic doors, and (b) maintain the grounds in a safe and sanitary condition including but not limited to sweeping and removal of trash, litter and refuse, repair and replacement of paving as reasonably necessary, maintenance of landscaped areas (including replacement and replanting) that is not maintained by a business improvement district, removal of snow and ice from sidewalks in order to keep the same free from dilapidation or deterioration and free from conditions which endanger life or property by fire or other causes. With regard to the facadefacade and exterior lighting, the Redeveloper shall not, except for ordinary or necessary maintenance, undertake or allow to be undertaken any material change to said facade and Exterior Lighting during the TIF Period including the alteration, partial removal, construction, remodeling or physical or structural change or change in color or surfacing with respect to the appearance or construction of the façade that alters its state from the Exterior Construction Documents, wear and tear excepted. Notwithstanding any contrary provision, the Redeveloper and its tenants, at their expense, shall have the right to install and maintain signage that complies with the Lincoln Municipal Code, specifically the requirements and review process associated with any special sign district in which the Project Site Property may be located.