Common use of Owner's Acknowledgments Clause in Contracts

Owner's Acknowledgments. Owner acknowledges and agrees that: (a) it is being given permission to commence construction and installation of the Works prior to the execution of the subdivision agreement and that any work it undertakes in furtherance thereof will be at its sole and absolute risk; (b) it will construct and install the work following the Municipality’s standard conditions and requirements pertaining to the installation of public works and to fully comply with all applicable conditions of approval of the plan of subdivision; (c) it may be required to modify, alter, relocate and reconstruct certain of the Works based on the final drawings and plans approved by the Municipality; (d) it will comply with every direction issued or given by the Municipality during the course of pre-servicing related to the Work included in this agreement, including but not limited to the cessation of work, rectification of deficiencies or the phasing of the Works construction in the interest of the proper development of the Lands or to protect the safety of citizens of the Municipality; (e) it is not being given any permission to carry out any works or to enter upon any lands not owned by it, except for lands owned by the Municipality (where the Municipality has consented to such works or entry in writing), without the written consent of the owner and that such consent shall be filed with the Municipality; (f) it cannot connect any Works to any public services on any municipal right-of-way unless the Municipality has consented to such works or entry in writing or otherwise; (g) the Municipality will be under no obligation whatsoever to complete all or any portion of the Works if the Owner fails to complete them but that, notwithstanding the foregoing, the Municipality shall, to safeguard the health and safety of its residents, at its sole and absolute discretion, be entitled to enter onto the Lands and complete any Works or portion of the Works and to take any action it deems necessary all at the Owner's expense as outlined in Section 8 (security) of this agreement.

Appears in 1 contract

Sources: Pre Servicing Agreement

Owner's Acknowledgments. Owner acknowledges and agrees that: (a) it is being given permission to commence construction and installation of the Works prior to the execution of the subdivision agreement Subdivision Agreement and that any work it undertakes in furtherance thereof will be at its sole and absolute risk; (b) it will construct be bound by the terms and install conditions of the work following Subdivision Agreement and that nothing contained in this Agreement or in the MunicipalityTownship’s grant of permission to proceed with the installation and construction of the Works will restrict the Township from imposing any of its standard conditions and requirements pertaining to the installation of public works and or from enforcing its authority to require the Owner to fully comply with all applicable conditions of approval of the plan of subdivision; (c) it may be required required, at its sole cost and expense to modify, alter, relocate and reconstruct certain of the Works based on the final drawings and plans approved by the MunicipalityTownship; (d) it will comply with every direction issued or given by the Municipality Township during the course of pre-servicing related to the Work included in this agreementservicing, including but not limited to the cessation of work, the installation or carrying out of additional works, rectification of deficiencies or deficiencies, the phasing of the Works construction and installation or any other matter the Township deems to be in the interest of the proper development of the Lands or to protect the safety of citizens of the Municipalityand surrounding areas; (e) it is not being given any permission to carry out any works Works or to enter upon any lands not owned by it, except for lands owned by the Municipality Township (where the Municipality Township has consented to such works or entry in writing), without the written consent of the owner and that such consent shall be filed with the MunicipalityTownship; (f) it shall not and cannot connect any Works to any public services on any municipal right-of-way unless the Municipality Township has consented to such works or entry in writing or otherwise; (g) the Municipality will Township shall be under no obligation whatsoever to complete all or any portion of the Works if the Owner fails to complete them but that, notwithstanding the foregoing, the Municipality Township shall, to safeguard the health and safety of its residents, at its sole and absolute discretion, be entitled to enter onto the Lands and complete any Works or portion of the Works and to take any action it deems necessary to safeguard the health and safety of its residents all at the Owner's expense as outlined in Section 8 (security) of this agreementexpense.

Appears in 1 contract

Sources: Subdivision Pre Servicing Agreement

Owner's Acknowledgments. Owner acknowledges and agrees that: (a) it is being given permission to commence construction and installation of the Works prior to the execution of the subdivision agreement Subdivision Agreement and that any work it undertakes in furtherance thereof will be at its sole and absolute risk; (b) it will construct be bound by the terms and install conditions of the work following Subdivision Agreement and that nothing contained in this Agreement or in the MunicipalityTownship’s grant of permission to proceed with the installation and construction of the Works will restrict the Township from imposing any of its standard conditions and requirements pertaining to the installation of public works and or from enforcing its authority to require the Owner to fully comply with all applicable conditions of approval of the plan of subdivision; (c) it may be required required, at its sole cost and expense to modify, alter, relocate and reconstruct certain of the Works based on the final drawings and plans approved by the MunicipalityTownship; (d) it will comply with every direction issued or given by the Municipality Township during the course of pre-servicing related to the Work included in this agreementservicing, including but not limited to the cessation of work, the installation or carrying out of additional works, rectification of deficiencies or deficiencies, the phasing of the Works construction and installation or any other matter the Township deems to be in the interest of the proper development of the Lands or to protect the safety of citizens of the Municipalityand surrounding areas; (e) it is not being given any permission to carry out any works Works or to enter upon any lands not owned by it, except for lands owned by the Municipality Township (where the Municipality Township has consented to such works or entry in writing), without the written consent of the owner and that such consent shall be filed with the MunicipalityTownship; (f) it canshall not connect any Works to any public services on any municipal right-right- of-way unless the Municipality Township has consented to such works or entry in writing or otherwise; (g) the Municipality will Township shall be under no obligation whatsoever to complete all or any portion of the Works if the Owner fails to complete them but that, notwithstanding the foregoing, the Municipality Township shall, to safeguard the health and safety of its residents, at its sole and absolute discretion, be entitled to enter onto the Lands and complete any Works or portion of the Works and to take any action it deems necessary to safeguard the health and safety of its residents all at the Owner's expense as outlined in Section 8 (security) of this agreementexpense.

Appears in 1 contract

Sources: Subdivision Pre Servicing Agreement