Common use of Maintenance and Improvements Clause in Contracts

Maintenance and Improvements. a. Except as otherwise provided herein, DISTRICT covenants and agrees, at its own cost and expense, during the entire term of this Agreement to be responsible for maintaining the grounds (including landscaping), existing and future improvements to be constructed by DISTRICT, structural integrity of all existing buildings, and alarm systems. Notwithstanding the foregoing, CITY shall be responsible for performing all maintenance of the ▇▇▇▇▇▇▇▇▇ House and ▇▇▇▇’▇ House, including any and all repairs, utilities, and alarm systems. b. Notwithstanding anything contained in this Agreement to the contrary, DISTRICT shall be under no obligation to rebuild or restore the buildings, facilities, structures, and improvements existing in the regional preserve facility as of the effective date of the term hereof, either during the term hereof or upon the expiration or termination of this Agreement. CITY and DISTRICT acknowledge that four (4) vacant structures are located at the Regional Preserve Facility. These structures were not originally located at the Regional Preserve Facility, were placed at the facility subsequent to the initial 1982 Management Agreement, and have never been in use at the facility by the DISTRICT. The future disposition, relocation, or demolition of these structures is outside the scope of this Agreement, and will be determined by the CITY and the DISTRICT in the future as appropriate. CITY understands and agrees that these buildings are not insured, managed, or maintained by the DISTRICT and that the DISTRICT has no maintenance or other obligations with respect to them. These structures are itemized in Exhibit G. c. If DISTRICT shall fail, neglect, or refuse to perform any of its obligations hereunder after thirty (30) days written notice from CITY, CITY, in addition to any other rights and remedies it may have, may perform such obligation, and DISTRICT shall reimburse CITY for the cost thereof. If CITY considers the failure to perform any such obligation to be of an emergency nature, CITY may shorten the thirty (30) days notice provisions as is reasonable under the circumstances. d. CITY shall, at its own cost and expense, during the entire term of this Agreement, make all repairs to the premises and all improvements thereon resulting from the acts or omissions of CITY, its officers, employees, and agents.

Maintenance and Improvements. a. 9.1 During the Term the Manager shall keep the Premises in a clean and wholesome condition, and shall provide janitorial services for the Premises at its own expense. 9.2 The Town shall be responsible to keep in good repair as would a prudent owner the structure of the building, including exterior walls and roofs, and the mechanical systems within or necessarily incidental to the Premises. 9.3 No replacements, improvements or alterations shall be made to the Premises, or to any associated office or storage areas, by the Manager without the Town’s prior written approval. The Manager shall submit to the Town details of the proposed work, including, if required by the Town, drawings and specifications prepared by qualified architects or engineers conforming to good engineering practice and all such replacements, improvements or alterations shall be performed: (a) in good and workmanlike manner at the sole cost of the Manager, unless otherwise agreed to by the Town, by contractors or workmen approved by the Town; (b) in accordance with drawings and specifications approved by the Town if such drawings and specifications were required and, in any event, in accordance with all applicable legal and insurance requirements; and (c) subject to the reasonable regulations, supervision, control and inspection of the Town. 9.4 All Leasehold Improvements (other than Trade Fixtures) shall immediately upon their placement become the Town’s property without compensation to the Manager. Except as otherwise agreed by the Town in writing, no Leasehold Improvements shall be removed from the Premises or any associated office or storage areas by the Manager either during or at the expiry or sooner termination of this Lease, except that: (a) the Manager may, in the usual course of its business, remove its Trade Fixtures, provided hereinthat the Manager is not then in default under this Lease; and (b) the Manager shall, DISTRICT covenants at the expiration or earlier termination of this Lease, at its sole expense, remove such of the Leasehold Improvements in the Premises as the Town shall require to be removed and agreesrestore the Premises to the extent required by the Town and the Manager, at its own cost and expense, during shall repair any damage caused to the entire term of this Agreement to be responsible for maintaining West Central Events Centre or the grounds (including landscaping), existing and future improvements to be constructed Premises by DISTRICT, structural integrity of all existing buildings, and alarm systems. Notwithstanding the foregoing, CITY shall be responsible for performing all maintenance of the ▇▇▇▇▇▇▇▇▇ House and ▇▇▇▇’▇ House, including any and all repairs, utilities, and alarm systemssuch removal. b. Notwithstanding anything contained in this Agreement to 9.5 If the contrary, DISTRICT shall be under no obligation to rebuild Manager does not remove its Trade Fixtures at the expiry or restore the buildings, facilities, structures, and improvements existing in the regional preserve facility as of the effective date of the term hereof, either during the term hereof or upon the expiration or earlier termination of this Agreement. CITY and DISTRICT acknowledge that four (4) vacant structures are located at Lease, the Regional Preserve Facility. These structures were not originally located at the Regional Preserve Facility, were placed at the facility subsequent to the initial 1982 Management Agreement, and have never been in use at the facility by the DISTRICT. The future disposition, relocation, or demolition of these structures is outside the scope of this Agreement, and will be determined by the CITY and the DISTRICT in the future as appropriate. CITY understands and agrees that these buildings are not insured, managed, or maintained by the DISTRICT and that the DISTRICT has no maintenance or other obligations with respect to them. These structures are itemized in Exhibit G. c. If DISTRICT shall fail, neglect, or refuse to perform any of its obligations hereunder after thirty (30) days written notice from CITY, CITY, in addition to any other rights and remedies it may have, may perform such obligation, and DISTRICT shall reimburse CITY for the cost thereof. If CITY considers the failure to perform any such obligation to be of an emergency nature, CITY may shorten the thirty (30) days notice provisions as is reasonable under the circumstances. d. CITY Trade fixtures shall, at its own cost the option of the Town, become the property of the Town and expense, during the entire term of this Agreement, make all repairs to the premises and all improvements thereon resulting may be removed from the acts Premises and sold or omissions disposed of CITY, its officers, employees, and agentsby the Town in such manner as it deems advisable.