MAINTENANCE AND CONSERVATION Clause Samples
The MAINTENANCE AND CONSERVATION clause sets out the obligations of a party, typically a tenant or property user, to keep the premises or assets in good condition throughout the term of an agreement. It usually requires regular upkeep, prompt repairs, and adherence to certain standards to prevent deterioration or damage. By clearly assigning responsibility for maintenance, this clause helps preserve the value of the property and prevents disputes over neglect or improper use.
MAINTENANCE AND CONSERVATION. The Artist will submit instructions for the proper cleaning, maintenance, and protection of the Work after installation, which will become the “Conservation Record” for the Work. The information in the Conservation Record provided by the Artist shall include a description of the installation, materials and fabrication methods used, and the recommended maintenance instructions and means of future conservation or restoration that may be required. It shall also include the names and contact information of relevant manufacturers, suppliers, conservators, or other persons. The Artist will not be responsible for any repair or restoration of the Work unless (a) covered by the warranty provided in this Agreement; or (b) caused by Artist’s acts or omissions.
MAINTENANCE AND CONSERVATION.
7.1 The City will, subject to the will of City Council and the availability of funding:
(a) reasonably assure that the Artwork is properly maintained and protected; and
(b) will reasonably protect and maintain the Artwork against the ravages of time, vandalism and the environmental elements.
7.2 The City agrees to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the Society considers to be appropriate and in accordance with the maintenance manual to be approved by the Society.
7.3 The reasonable maintenance of the Artwork will not require procedures substantially in excess of those recommendations described in the Design and the Completion Package submitted by the Artist as described in Schedule “C”.
7.4 With the exception of the Warranty period outlined in Section 4 and Schedule “B”, and with the exclusion of the maintenance criteria set out in the manual submitted by the Artist, in the event that the Artwork shall require repairs subsequent to the date of acceptance arising from normal weathering and “wear and tear”; then in such event the City and Society will have the right to determine, after consultation with the Artist and Society’s conservator, when and if repairs and restorations to the Artwork will be made.
7.5 In determining qualified individuals to implement a conservation plan for the Artwork, the Society will consider the Artist who created the Artwork, specialized service providers, and City or Society staff. Any work and material expense undertaken by the Artist in the context of conservation work shall be compensated by the Society unless such work results from a design or production flaw in the Artwork within the Warranty period.
MAINTENANCE AND CONSERVATION. 4.1 VOX promises THE LENDER that it shall maintain THE WORKS in accordance with his/her instructions, as specified, if need be, in SCHEDULE "A", and preserve them from all deterioration other than that caused by normal use.
4.2 In consequence, from the moment THE WORKS are taken by a transporter at the SITE (S) OF ORIGIN and until their return after the exhibition, VOX promises THE LENDER:
a) to assume all costs and expenses for the repair or restoration of THE WORKS, incurred as a result of breakage, deformation or alteration, except if these breakage, deformation or alteration are the direct result of the installation as expressly approved by THE LENDER or of the use of material required by THE LENDER, in which cases VOX will not be responsible;
b) to assume the replacement costs for THE WORKS that have been partially or completely destroyed, lost or stolen.
4.3 VOX shall not be liable for any damages to THE WORKS during the transportation to the exhibition site if these damages are the result of inadequate packing.
4.4 If, on delivery of THE WORKS, ▇▇▇ notices that they are damaged, ▇▇▇ will contact THE LENDER to report on the condition of THE WORKS.
MAINTENANCE AND CONSERVATION. 2.1 The Owner shall at all times maintain the Building and the Property in as good and as sound a state of repair as a prudent owner would normally do, so that no deterioration in the Building's or the Property's condition and appearance shall take place, including without limiting the generality of the foregoing taking all reasonable measures to secure and protect the Building from vandalism, fire and damage from inclement weather.
2.2 The Owner shall not undertake or permit to be undertaken any alteration, removal, demolition, construction, or installation of any sign or structure, or any other thing or act that is likely to affect the appearance or construction of the Building or the Property or is inconsistent with any provision of this Agreement or the Heritage Conservation District Plan (“HCD Plan”), without obtaining the prior written approval of the Town in the form of a Heritage Permit.
2.3 All alterations must be conducted in compliance with the HCD Plan and associated guidelines; the Standards and Guidelines for the Conservation of Historic Places in Canada (2012) and the requirements of any Heritage Permit issued by the Town.
2.4 Notwithstanding paragraph 2.2 of this Agreement, it is understood and agreed that in the event of an emergency that puts the security or integrity of the Building or occupants of the Building at risk of injury or damage, the Owner may undertake such temporary measures in respect of the Building and the Property as are: • in keeping with the intent of this Agreement; • consistent with the conservation of the Building and the Property; and • reasonably necessary to deal with such an emergency, provided that the Building Code Act, 1992, as amended or re-enacted from time to time, is complied with and, where time permits, Town staff are consulted in advance. The Owner shall notify the Director of Building & Development, or designate, of any such measures within 24 hours.