Maintenance of Utilities. Developer (and then City or a City District, as applicable, after accepting the assignment) shall be responsible for maintaining the Water-Related Utilities and Developer (and then the applicable Utilities Purveyors, after accepting the assignment) shall be responsible for maintaining all other Utilities, each in a manner that conforms to all applicable rules, regulations and laws regarding each such utility. VCTC shall execute documents reasonably required by City, a City District or Utility Purveyor to accept the Utilities for maintenance at no cost, expense or liability to VCTC. Developer (and then City, City District or Utility Purveyor accepting the assignment) shall construct, maintain, use, operate, repair and replace the Utilities in substantial conformity with the Approved Plans. Under no circumstances shall VCTC be responsible for constructing, maintaining or operating the Utilities. Except in emergency situations, Developer shall, prior to the commencement of any maintenance of the Utilities within twenty (20) feet of the VCTC Property, submit to VCTC plans setting out the method and manner of the work to be done. Developer shall not proceed with the maintenance work until such plans have been approved, in writing, by VCTC and any other required government agency and VCTC has granted Developer a right of entry for such maintenance activities. When performing any maintenance, repairs or reconstruction, Developer, at its sole cost and expense, shall perform such work as VCTC, in its sole determination, determines necessary to protect VCTC rail lines. If an emergency should arise requiring immediate attention, Developer shall provide as much notice as practicable to VCTC and any rail operator operating on the rail line before Developer commences any maintenance work and shall only perform work necessary to address the immediate emergency situation. In such situation, Developer shall take all commercially reasonable steps necessary to protect VCTC rail lines. All of the rights and operation and maintenance obligations of Developer under Sections 6 and 7 with respect to the Water-Related Utilities shall be the sole and exclusive rights and obligations of City or City District, as applicable, upon acceptance of the Water-Related Utilities by City or City District, as applicable, and assignment by Developer and assumption by City or City District of the obligations of Developer under this Agreement related to the Water- Related Utilities and associated...
Maintenance of Utilities. The Developer agrees that on-site utilities are private and are the sole responsibility of the Developer to maintain. The Developer or any future property owner is responsible for locating any and all private utilities on this site. The City will not locate private utilities at any time. The private utilities include storm sewer, sanitary sewer service, water main with associated valves and hydrants, and water main service.
Maintenance of Utilities. The Lessee shall be responsible for the maintenance, testing and repair of the Utilities, whether located upon the Premises or off the Premises, (i) that serve the Premises exclusively (other than such Utilities located on the Premises and specifically identified on Exhibit 12 (Utility O&M Responsibilities) as the responsibility of the Port Authority or other non-Lessee party as well as the off-Premises portion of such Utilities), and (ii) such other Utilities specified as the Lessee’s responsibility on Exhibit 12 (Utility O&M Responsibilities). The Parties acknowledge that Exhibit 12 (Utility O&M Responsibilities) is for the sole purpose of identifying the Utilities for which the Lessee shall be responsible for maintaining, testing and repairing, and not necessarily to depict the precise locations and routing of such Utilities; notwithstanding any inaccuracies with respect to location or routing on such Exhibit, the Lessee shall be responsible for such Utilities in accordance with this Section 16(c). The Port Authority agrees to cooperate with the Lessee in arranging for access by the Lessee to all such Utilities off the Premises. The Lessee shall have no obligation to maintain, test or repair any other Utilities upon the Premises or off the Premises.
Maintenance of Utilities. The utilities shall be maintained by and at the expense of [insert name of entity responsible for the utility or pipe], provided, however, that the RAILROAD’S agreement herein to operate and maintain said utilities shall not prejudice the RAILROAD from having the benefit and advantage of Federal, DEPARTMENT, or other public funds that may become available to pay or contribute to the cost of maintenance of warning devices at highway–railway grade crossings.
Maintenance of Utilities. Except as expressly provided otherwise in this Agreement, the University shall, at its expense, install, maintain, repair, and replace as necessary any and all equipment, structures and fixtures necessary to provide electricity, water, and gas to the Premises in reasonable quantities suitable for the Permitted Use. Licensee will pay University for all costs and charges for utility service provided to the Space by University (the “Utilities Payment”), including water, gas, and electric service, provided that in no event will the Utilities Payment exceed the actual costs for utilities provided to the Premises. In the event that the Premises increases during the Term, University and Licensee will mutually agree upon a pro-rata increase in the base amount of the Utilities Payment, with neither party unreasonably withholding approval. Notwithstanding any other term within this Section, Licensee’s maximum utility payment will not be greater than the actual costs for utilities provided to the Premises. The University’s Facilities Department will forward the utilities invoices to Licensee and Licensee will pay them directly up to the amount of the Utilities Payment amount for the applicable Contract Year. Any interruption or curtailment of any utility services at the Premises, regardless of the cause, shall not entitle Licensee to any claim of any nature against the University or to any abatement of License Fee and shall not constitute constructive or partial eviction; however, if any utility service to the Premises is interrupted or curtailed, the University shall use reasonable diligence to have service restored promptly after notification thereof from Licensee. License Fee will be equitably abated during any period that Licensee’s use of the Premises for the Permitted Use is materially impaired by reason of the interruption of utility service to the Premises not attributable to the negligence or misconduct of Licensee.
Maintenance of Utilities. Management shall operate and maintain all the components of the electrical distribution, air conditioning, ventilating, fire protection, hot and cold water, and industrial and sanitary sewerage systems and facilities within the boundaries of the Facilities, unless otherwise directed by the Department. The Department reserves the right to make arrangements for emergency maintenance and repair of said systems and Facilities, using its own or contract employees, during nights, weekends and holidays, the costs of which shall be considered operating expenses paid directly, pursuant to Article 6.02 hereof.
Maintenance of Utilities. (a) Grantor shall maintain the area in which the Utility Easements Parcels are located on Grantor’s Property and the Storm Drainage Facilities in good condition and repair, and if required by law, in accordance with the standards necessary to comply with all applicable laws, codes and ordinances, and shall pay when due, all costs and expenses of such maintenance and repair, and all ad valorem taxes and assessments with respect to the area of Grantor’s Property on which the Utilities Easements Parcels are located.
Maintenance of Utilities. Except as expressly provided otherwise in this Agreement, the University shall, at its expense, install, maintain, repair, and replace as necessary any and all equipment, structures and fixtures necessary to provide electricity to the Premises in reasonable quantities suitable for the Permitted Use. Any interruption or curtailment of any utility services at the Premises, regardless of the cause, shall not entitle Licensee to any claim of any nature against the University or to any abatement of Rent and shall not constitute constructive or partial eviction; however, if any utility service to the Premises is interrupted or curtailed, the University shall use reasonable diligence to have service restored promptly after notification thereof from Licensee. Rent will be equitably abated during any period that Licensee’s use of the Premises for the Permitted Use is materially impaired by reason of the interruption of utility service to the Premises not attributable to the negligence or misconduct of Licensee.
