Right to Construct and Maintain Sample Clauses

Right to Construct and Maintain. If the Developer for any reason, or at any time, fails, within thirty (30) days after receiving written notice, to complete construction or maintain the BMPs as required by this Agreement, or the Permit, the City may complete such construction or perform such maintenance, and the Developer hereby agrees to pay the City or other governmental authority all reasonable costs incurred, and grants and conveys to the City a lien on the Property subordinate only to the lien of any mortgages/deeds of trust now or, hereafter, encumbering the Property. Developer warrants that the lien created by this paragraph has no less than a second priority status, excluding ad valorem property tax and other statutory liens. The City may bring an action at law against the Developer to pay any such sums coming due hereunder or foreclose the lien created herein against the Property in the same manner as prescribed by the laws of the State of Alabama for the foreclosures of mortgages/deeds of trust. Interest at the legal rate, costs, and reasonable attorneys’ fees for representation of the City in such action or foreclosure shall be added to the indebtedness secured by such lien. Upon removal of the BMPs in accordance with applicable law, any applicable provisions of the Permit, and upon inspection and approval of the same by the Administrator, the lien herein granted and conveyed to the City shall be of no further force and effect.
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Right to Construct and Maintain. If the Developer for any reason, or at any time, fails, within thirty (30) days after receiving written notice, to adequately complete construction of, repair, maintain, or reconstruct such as is necessary for completion or continued maintenance of, the Stormwater Control System, as required by the Operation and Maintenance Manual, this Agreement, or the Permit, the City may complete such construction or perform such maintenance, repair, or reconstruction, and the Developer, hereby, agrees to pay the City or other governmental authority all reasonable costs incurred thereby. As security for the payment of these costs, the Developer agrees to provide the City a performance bond or irrevocable letter of credit, satisfactory to the City Attorney’s Office, as valid, sufficient, and enforceable, or to deposit funds in escrow, under the same terms and conditions applicable to bonds and satisfactory to the City Attorney’s Office. The security posted or deposited shall be in an amount the City’s Stormwater Director or his/her designee deems adequate to cover the total cost of construction of the Stormwater Control System, including the cost of all materials, piping, and other structures, seeding, soil stabilization, design and engineering, grading, excavation, fill, and other work the City deems necessary. Costs shall be computed in accordance with, and predicated upon, unit cost information the Developer submits to the City for Stormwater Control System components and bids from contractors hired to perform the work, and the costs required for an independent mobilization, whether or not such is, in actuality, necessary. Developer’s failure to adequately complete construction, repair, maintenance, or reconstruction, as indicated above, will entitle the City to obtain and use the funds secured by the performance bond, letter of credit, or escrow account to perform the required activity. As further security for the payment of the aforesaid costs, Developer also, hereby, grants and conveys to the City a lien on the Property subordinate only to the lien of any recorded first deed of trust now or hereafter encumbering the Property. Developer warrants that the lien created by this paragraph has no less than a second priority status, excluding ad valorem property tax and other statutory liens. The City may bring an action at law against the Developer to pay any such sums coming due hereunder or foreclose the lien created herein against the Property in the same manner as p...
Sample 1
Right to Construct and Maintain. If the Developer for any reason, or at any time, fails, within thirty (30) days after receiving written notice, to complete construction or maintain the Stormwater Control System as required by the Operation and Maintenance Manual, this Agreement, or the Permit, the City may complete such construction or perform such maintenance, and the Developer hereby agrees to pay the City or other governmental authority all reasonable costs incurred, thereby. As security for the payment of these costs, Developer agrees to pay a sum equal to four percent (4%) of the cost of the Stormwater Control System’s construction into the City’s Stormwater Structural Best Management Practice Replacement Fund, which payment will be calculated in accordance with guidelines issued by the Stormwater Director and/or the City Council and also, hereby, grants and conveys to the City a lien on the Property subordinate only to the lien of any first deed of trust now or, hereafter, encumbering the Property. Developer warrants that the lien created by this paragraph has no less than a second priority status, excluding ad valorem property tax and other statutory liens. The City may bring an action at law against the Developer to pay any such sums coming due hereunder or foreclose the lien created herein against the Property in the same manner as prescribed by the laws of the State of North Carolina for the foreclosures of deeds of trust. Interest at the legal rate, costs, and reasonable attorneys’ fees for representation of the City in such action or foreclosure shall be added to the indebtedness secured by such lien. Upon removal of the Stormwater Control System in accordance with applicable law, any applicable provisions of the Permit, and upon inspection and approval of the same by the Stormwater Director, the lien herein granted and conveyed to the City shall be of no further force and effect.
Sample 1

Related to Right to Construct and Maintain

  • Laws Applicable to Construction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware as applied to contracts executed in and performed wholly within the State of Delaware, without reference to principles of conflict of laws.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • No Construction Against Drafting Party The rule of construction that ambiguities are resolved against the drafting party shall not apply to this Lease.

  • Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • Advice of Counsel, No Strict Construction Each of the parties represents to each other party hereto that it has discussed this Agreement with its counsel. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

  • Laws Applicable to Construction; Consent to Jurisdiction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware without reference to principles of conflict of laws, as applied to contracts executed in and performed wholly within the State of Delaware. In addition to the terms and conditions set forth in this Agreement, the Restricted Stock Units are subject to the terms and conditions of the Plan, which is hereby incorporated by reference.

  • No Strict Construction The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.

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