Proposition 39 Facilities Request Clause Samples

Proposition 39 Facilities Request. Developer’s obligation to satisfy this Section 1.5 shall terminate upon Developer’s occupancy of the Project. Prior to and throughout Developer’s construction of the Project, Developer shall submit a valid facilities request annually in accordance with Proposition 39 for allocation of space on LAUSD property and Developer shall execute LAUSD’s agreement for occupancy of the Proposition 39 space. If Developer fails to satisfy the foregoing Proposition 39 obligation, Developer, at its sole cost and expense, shall vacate the Prop. 39 space and relocate to another property. If Developer fails to comply with the requirements of this Section 1.5 and remains in occupancy at its current location, Developer agrees that Developer shall abide by its previous Prop. 39 agreement, pay its pro rata share and, at the selection of LAUSD, pay a holdover fee equivalent to 20% of the total pro rata share for the then current school year (regardless of whether Ocean intends to holdover in its space for the entire school year) OR the cost incurred by LAUSD to prepare another school site as reasonably equivalent for the charter school intended to occupy the space in which Developer is holding over; provided, that for each subsequent year Developer holds over, Developer shall pay the holdover fee identified above. This does not prevent LAUSD from pursuing any other rights or remedies.
Proposition 39 Facilities Request. Developer’s obligation to satisfy this Section 1.6 shall terminate upon Developer’s occupancy of Phase II. Prior to and throughout Developer’s construction of Phase II, Developer shall submit a valid facilities request annually in accordance with Proposition 39 for the space Developer is currently occupying at Berendo MS and Developer shall execute LAUSD’s agreement for occupancy of the Proposition 39 space. If Developer fails to satisfy the foregoing Proposition 39 obligation, this Agreement and the Lease shall terminate and Developer, at its sole cost and expense, shall cease all construction, restore the Leased Premises to its condition existing prior to commencement of construction, and vacate Berendo MS. After the satisfaction of the foregoing obligation to cease construction, restore the Leased Premises and vacate Berendo MS, Developer may submit a Proposition 39 facilities request in the next annual cycle for any other LAUSD facilities.

Related to Proposition 39 Facilities Request

  • Working Facilities and Expenses It is understood by the parties that the Executive’s principal place of employment shall be at the Bank’s principal executive office located in New Haven, Connecticut, or at such other Bank Board approved location within 50 miles of the address of such principal executive office, or at such other location as the Employer and the Executive may mutually agree upon. The Employer shall provide the Executive at his principal place of employment with a private office, secretarial services and other support services and facilities suitable to his position with the Employer and necessary or appropriate in connection with the performance of his assigned duties under this Agreement. The Employer shall reimburse the Executive for his ordinary and necessary business expenses attributable to the Employer’s business, including, without limitation, the Executive’s travel and entertainment expenses incurred in connection with the performance of his duties for the Employer under this Agreement, in each case upon presentation to the Employer of an itemized account of such expenses in such form as the Employer may reasonably require, and such reimbursement shall be paid promptly by the Employer and in any event no later than March 15 of the year immediately following the year in which the expenses were incurred.

  • Cost Responsibility for Interconnection Facilities and Distribution Upgrades 4.1 Interconnection Facilities 4.2 Distribution Upgrades

  • Alternate Facilities If under Purchaser’s Operating Schedule, roads needed for the removal of Included Timber differ substantially from Specified Roads, other roads may be added to A7. Contracting Officer shall assure that road routing, location, design, and needed easements will make such other roads acceptable as parts of the National Forest transportation facilities. Purchaser shall provide survey, design, and construction staking for such other roads.

  • Satisfactory Completion of Due Diligence The Company and the Shareholders shall have completed their legal, accounting and business due diligence of the Parent and the results thereof shall be satisfactory to the Company and the Shareholders in their sole and absolute discretion.

  • Line Item Question Response 46 Do your warranties cover all products, parts, and labor? Warranties are those supplied by the equipment manufacturers. Generally cover parts and labor. * 47 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Warranty will not cover abuse or lack of maintenance. * 48 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Yes * 49 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? We have coverage in the United States. * 50 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? We warranty any work we preform. The equipment is covered by the original equipment manufacturer. * 51 What are your proposed exchange and return programs and policies? Special order items are not returnable and will not be exchanged. If a manufacture will take back an item they consider returnable, the return must have an RMA and be returned within 90 days in the original carton. All freight, restocking, damage plus a service fee will be deducted form the credit for equipment. * 52 Describe any service contract options for the items included in your proposal. We offer preventative maintenance contracts for refrigeration equipment in Texas. DFW, Houston, Beaumont and Austin. * 53 Describe your payment terms and accepted payment methods. Standard payment terms are Net 30 days. To be considered for an open account, all new customers will be required to complete a New Customer Application and provide tax exemption certification if applicable. All applicants are subject to Strategic's Credit Terms and Policies and must meet criteria specified therein. Finance charges of 1/5% per month (18% APR) or the maximum rate that an applicant may lawfully contract to pay, whichever is less, on any payment Seller considers past due until collected. Accepted payment methods include check, ACH, wire transfer, credit card * 54 Describe any leasing or financing options available for use by educational or governmental entities. TriMark Strategic has developed business relationships with several reputable third-party leasing companies and can provide Sourcewell customers with information regarding this option upon request. * 55 Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. Strategic will require a valid Purchase Order from Sourcewell customers. Upon acceptance, Strategic will agree to the terms and conditions set forth in the Purchase Order. All quotes submitted by Strategic to Sourcewell customers will be on a standard Quotation Form and will have this statement regarding the Terms of Sale: "This Quote shall be subject to Trimark's Terms of Sale http//▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇- and-Conditions-of-Sale.pdf, which are incorporated herein by reference. The customer's Purchase Order terms and conditions shall govern. *