Failure to Maintain Improvements Sample Clauses

Failure to Maintain Improvements. In the event Owner does not maintain the Site improvements to the curbline(s) in the manner set forth herein and in accordance with First 5 LA Standards, First 5 LA shall have the right to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after (i) written notice to Owner stating that the condition of said improvements does not meet with First 5 LA Standards and specifying the deficiencies and the actions required to be taken by Owner to cure the deficiencies (“Deficiency Notice”); and (ii) the lapse of the applicable “Cure Period,” as hereinafter defined. Upon receipt of the Deficiency Notice, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency, unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as is needed to cure such deficiency provided owner is diligently pursuing cure; provided however, if the Deficiency Notice states the problem is urgent relating to public health and safety, then Owner shall have forty-eight (48) hours to rectify the problem (collectively the “Cure Periods”). In the event Owner fails to correct, remedy, or cure such maintenance deficiency after the Deficiency Notice and after the applicable Cure Period has lapsed, then First 5 LA shall have the right to maintain such improvements. Owner agrees to pay First 5 LA, upon demand, charges and costs incurred by First 5 LA in connection with such maintenance. Until so paid, First 5 LA shall have a lien on the Site for the amount of such maintenance charges and costs, which lien shall be perfected by the recordation of a “Notice of Claim of Lien” against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee [or] leasehold estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which by law would be superior thereto; (ii) the lien or charges of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority for any such lien for costs incurred to comply with this Agreement shall date from the date of the recordation of the Notice of Claim of Lien. Any such lien shall be subject and subordinate to any lease or sublease of the interest of Owner in the Site or any portion thereof and to any easement affecting the Site or ...
Sample 1See All (5)
AutoNDA by SimpleDocs
Failure to Maintain Improvements. The obligations of the Developer to maintain the required Improvements indicated on the approved Site Plan shall not cease until the Developer shall be finally released by the City Engineer and accepted for maintenance by the City, nor shall any deposit agreements or obligations hereunder be assignable or transferable by Developer. Furthermore, in the event of a default, abandonment, or failure of the Developer to maintain, repair or replace the Improvements, no other person, firm, entity shall acquire (whether by contract, judicial foreclosure or other means) any rights to any remaining Deposits or deposit agreements of the Developer without entering into a new, separate deposit agreement with the City. If, after the Improvement maintenance period, the Improvements indicated on the approved Site Plan have not been maintained and accepted for maintenance by the City as required, or if the Developer shall violate any provision of this Agreement, the City Engineer may notify the Developer to show cause, within not less than ten (10) days, why the Developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the Developer for the Site during any period in which the Developer is in violation of this Agreement or Sections 405.570-405.705 of the St. Xxxxxx City Code relating to the Site. If the Developer fails to cure any default or present compelling reasons in the opinion of the City Engineer why no default should be declared, the City Engineer shall declare the Developer in default and may take any one (1) or more of the following acts:
Sample 1Sample 2
Failure to Maintain Improvements. The obligations of the Developer to maintain the required Improvements indicated on the approved Site Plan shall not cease until the Developer shall be finally released by the City Engineer and accepted for maintenance by the City, nor shall any deposit agreements or obligations hereunder be assignable or transferable by Developer. Furthermore, in the event of a default, abandonment, or failure of the Developer to maintain, repair or replace the Improvements, no other person, firm, entity shall acquire (whether by contract, judicial foreclosure or other means) any rights to any remaining Deposits or deposit agreements of the Developer without entering into a new, separate deposit agreement with the City. If, after the Improvement maintenance period, the Improvements indicated on the approved Site Plan have not been maintained and accepted for maintenance by the City as required, or if the Developer shall violate any provision of this Agreement, the City Engineer may notify the Developer to show cause, within not less than ten (10) days, why the Developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the Developer for the Site during any period in which the Developer is in violation of this Agreement or Sections 405.570-405.705 of the St. Peters City Code relating to the Site. If the Developer fails to cure any default or present compelling reasons in the opinion of the City Engineer why no default should be declared, the City Engineer shall declare the Developer in default and may take any one (1) or more of the following acts:
Sample 1

Related to Failure to Maintain Improvements

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

  • Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City.

  • Maintenance of Improvements All improvements on the property, including, but not limited to, buildings, trees or other improvements now on the premises, or hereafter made or placed thereon, shall be a part of the security for the performance of this contract and shall not be removed therefrom. Purchaser shall not commit, or suffer any other person to commit, any waste or damage to said premises or the appurtenances and shall keep the premises and all improvements in as good condition as they are now.

  • Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Association upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Extras and Deposits as mentioned in clause 1.2.

  • Construction of Improvements (A) Lessee warrants and agrees that the Building will be constructed on the Leased Premises, and all other improvements to the land, including the parking lot, approaches, and service areas, will be constructed in all material respects by Lessee substantially in accordance with the plot, plans, and specifications heretofore submitted to Lessor.

  • Building Maintenance The host facility provider shall maintain (in a state of good repair) all buildings used for the educational program. All damages made by the AGENCY’s program will be the responsibility of the AGENCY to repair.

  • Construction of Public Improvements a. Upon satisfaction of the conditions set forth in Paragraph 2.1 and the notice requirement set forth below, Developer shall construct the Public Improvements at its own expense in accordance with this Agreement, the Final Plat, the Resolution, the Civil Engineering Construction Plans, the Town’s ordinances, resolutions and regulations and all other applicable laws and regulations. All Public Improvements shall be installed and constructed within the rights- of-way or easements dedicated to the Town. Unless otherwise approved by the Town in writing, all materials used for constructing the Public Improvements shall be materials set forth on the Town’s approved material list. Workmanship and materials shall be of good quality.

  • Needs Improvement the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

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