Facility Removal Clause Samples
The Facility Removal clause defines the conditions and procedures under which a facility, such as equipment or infrastructure, may be dismantled or taken off a property. Typically, this clause outlines who is responsible for the removal, the required notice period, and any obligations to restore the site to its original condition. Its core practical function is to ensure that both parties understand their rights and responsibilities regarding the removal process, thereby preventing disputes and clarifying expectations at the end of a facility's use.
Facility Removal. After the termination, expiration, or forfeiture of this License, Licensee shall, at the City's request, remove its Facilities at its own cost, and restore the Public Way as provided in Section 5 of this Telecommunications License.
Facility Removal. A. In the event of the existence of one or more of the following, the Company consents and agrees that the City or its duly authorized agent may remove the Facility, or any portion thereof, and charge all costs and expenses incurred in such removal, disposal, and restoration to the Company:
(1) An emergency that presents imminent peril to person or property.
(2) Non-compliance with any term, provision, or covenant in this Agreement that is not cured within the time period provided herein following notice of such non-compliance tendered to the Company.
(3) The Director or other responsible City official, in good faith, deems the procedure in Paragraph 7 impracticable under the circumstances present.
(4) Termination of this Agreement for any reason.
(5) Abandonment of the Facility’s use in accordance with the provisions in Paragraph 8 of this Agreement.
(6) Expiration of this Agreement in the absence of any renewal thereof.
B. If the Contractor fails in any way to make timely payment to the City for such costs and expenses, the Contractor agrees to pay, in addition to any amount so owed, actual attorneys’ fees and court costs incurred in the collection of such amount.
Facility Removal. Upon termination of this Agreement for any reason, LICENSEE, at the request of Licensor, shall remove at LICENSEE’ expense, all cable facilities from Licensor’s poles and conduits. The maximum time limit for LICENSEE to remove its facilities from Licensor facilities shall be two years.
Facility Removal. In the event of an emergency, defined as imminent peril to person or property, or when the Company has inadequately complied with an order of the Director pursuant to this Agreement, or at any other time the Director or other responsible City official in good ▇▇▇▇▇ ▇▇▇▇▇ the procedures of Paragraph 4 impracticable under the circumstances present, the Company consents and agrees that the City or its duly authorized agent may remove the facility, or any portion thereof, and charge all costs and expenses incurred in such removal, disposal, and restoration to the Company. Should the Company fail in any way to make timely payment to the City for such costs and expenses, the Company agrees to pay, in addition to any amount so owed, reasonable attorneys’ fees and court costs incurred in the collection of such amount.
Facility Removal a. At any time during the period of this contract, the Government will remove a facility from the QFL if any of the following apply:
(1) The facility is currently closed.
(2) The facility is a significant non-complier exhibiting RCRA Class 1 violations and has not entered into a compliance schedule or similar action.
(3) The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time of issued order or judicial action.
(4) The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, RCRA class I and II violations, OSHA violations, state and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations is a lack of "good faith".
(5) The facility has groundwater contamination or does not meet groundwater anti-degradation policy.
(6) The facility does not have adequate permits or is not capable of handling the proposed waste.
(7) The facility received a negative recommendation resulting from a DLA Disposition Services site visit without substantive evidence of corrected deficiencies.
(8) The facility transports DOD waste to a facility not on the QFL.
(9) The facility's financial assurance is not sufficient to protect the Government's long-term interests.
(10) The facility is unable to demonstrate tracking of DOD waste from entry to exit.
(11) The facility manages property in a manner that causes the Generator to file exception reports IAW 40 CFR 262.42 or state equivalent.
(12) The facility has not received DOD wastes under a DLA Disposition Services hazardous waste disposal contract for a period of twelve (12) consecutive months.
(13) The facility operates in a manner that is not IAW this contract.
(14) The facility does not have or does not enforce 24-hour security measures.
(15) The facility does not allow access for a DLA Disposition Services site visit.
Facility Removal. If Provider is required to remove a Facility in connection with Sections 2.05 (Remarketing), 2.07 (Relocation), 7.02 (Facility Termination Event Remedies), 8.01(d) (Owner Termination), or otherwise, then Provider will:
(a) remove the Facility from the Site;
(b) restore the Site to the condition required by the Project Documents; and
(c) close all utility connections and properly seal all Site penetrations. Facility removals pursuant to Sections 7.02 (Facility Termination Event Remedies) and 8.01(d) are provide as part of the Services. Facility removals pursuant to Sections 2.05 (Remarketing) and 2.07 (Relocation) are excluded from the Services.
Facility Removal. If a Facility is to be removed by Contractor under this EPC, then Contractor will:
(a) remove the Facility from the Site (not including the concrete pad or bollards unless required under the applicable Project Documents); and
(b) restore such Site to the condition required under the applicable Project Documents, including closing all utility connections and properly sealing all Site penetrations.
Facility Removal. Within one hundred and twenty (120) days after the end of the Term or upon the earlier termination of this Lease for whatever cause, Tenant shall at its sole cost and expense remove and dispose of the Building and all Fixtures, including but not limited to any fuel storage tanks, pipes, hydrants, values and other appurtenances, and any and all fuel products therein, and shall cap any and all underground utilities. Tenant shall return the Premises to the condition existing as of the date of this Lease, including restoring any subgrade and/or pavement and curb cuts disturbed or altered by Tenant during or in connection with the construction and/or operation of the Facility. In addition, Tenant shall, within said 120-day period, prepare a scope of work for and conduct a subsurface investigation of the Premises to characterize soil, particularly in the areas of fuel islands, storage tanks and associated piping and hydrants. Tenant shall obtain Landlord’s written approval of said scope of work before commencing said subsurface investigation. Tenant shall be responsible for remediation, including removal and disposal of any and all soils above the Existing Contamination, as defined in Section 9.2 hereof, subject to Landlord’s prior written approval of any such remediation. Said remediation shall be conducted in accordance with the requirements of M.G.L. Ch. 21E and the regulations promulgated thereunder (the “MCP”). Tenant shall be deemed to have fully satisfied its removal and restoration obligations hereunder upon receipt of a certification from Landlord stating that Landlord is fully satisfied with said removal and restoration. Landlord shall be obligated to return the Escrow Amount (as defined in Section 4.13) upon delivery of said certification. Notwithstanding the foregoing, Landlord shall have the right to waive the obligation to remove the Facility and may, upon notice given at least one hundred and twenty (120) days prior to the end of the Term, require Tenant to leave said Facility in place upon termination of this Lease.