Stormwater Maintenance Responsibilities and Obligations Sample Clauses

Stormwater Maintenance Responsibilities and Obligations. The City of Virginia Beach has required that a stormwater management retention facility, together with drainage lines, culverts, ditches and other associated and related facilities be constructed on a portion of Parcel One, Parcel Two-A and Parcel Three in accordance with a Stormwater Maintenance Agreement (the "Maintenance Agreement") executed by Declarant dated _____________ 2003, and intended to be recorded prior to this Agreement (the "Stormwater Facility"), as the same may be modified or amended from time to time. Until such time as improvements are constructed on the other Parcels, only those Parcels upon which improvements are constructed shall be liable for the payment of the maintenance and repair expenses associated with the Stormwater Facility. As other improvements are construction on the Parcels, the other Owners shall participate on a prorata basis. For instance, upon completion of the improvements on Parcel One, only the Parcel One Owner shall be obligated to pay the maintenance expenses in connection with the Stormwater Facility. Upon completion of the improvements on Parcel Two-A and Two-B, the Parcel One Owner shall pay one-half of the maintenance expenses and the Parcel Two-A owner and the Parcel Two-B Owner shall pay the other one half (1/2) of such maintenance expenses. Provided Parcel Two-A and Parcel Two-B are used as part of the same facility, when Parcel Three is developed, each of (i) the Parcel One Owner, (ii) the Parcel Two-A Owner and the Parcel Two-B Owner and (iii) the Parcel Three Owner shall pay one third (1/3) of such maintenance expenses. If Parcel Two-A and Two-B are developed as part of separate projects not subject to the Two Ground Lease, the Parcel Two-A Owner shall pay three fourths (-3/4) of the maintenance expenses otherwise to be paid with respect to Parcel Two-A and Parcel Two-B and the Parcel Two-B Owner shall pay one fourth (-1/4) of the expenses otherwise to be allocated to Parcel Two-A and Parcel Two-B. Reimbursement to the Parcel One Owner for the expenses described above shall be made within thirty (30) days of a written invoice from the Parcel One Owner to the other Owners. Amounts not paid to the Parcel One Owner within such thirty (30) day period shall accrue interest at the prime rate of Bank of America, N.A., or its successor plus three percent (3%) until paid. Any legal fees incurred by a party enforcing its right under this Deed shall be paid to the party substantially prevailing in such litigation ...
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Related to Stormwater Maintenance Responsibilities and Obligations

  • Tenant’s Responsibilities Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

  • Monitoring Responsibilities The Custodian shall furnish annually to the Fund, during the month of June, information concerning the foreign sub-custodians employed by the Custodian. Such information shall be similar in kind and scope to that furnished to the Fund in connection with the initial approval of this Contract. In addition, the Custodian will promptly inform the Fund in the event that the Custodian learns of a material adverse change in the financial condition of a foreign sub-custodian or any material loss of the assets of the Fund or in the case of any foreign sub-custodian not the subject of an exemptive order from the Securities and Exchange Commission is notified by such foreign sub-custodian that there appears to be a substantial likelihood that its shareholders' equity will decline below $200 million (U.S. dollars or the equivalent thereof) or that its shareholders' equity has declined below $200 million (in each case computed in accordance with generally accepted U.S. accounting principles).

  • Joint Responsibilities In performing the Development Efforts, each party shall

  • Specific Responsibilities In addition to its overall responsibility for monitoring and providing a forum to discuss and coordinate the Parties’ activities under this Agreement, the JSC shall in particular:

  • Client Responsibilities During the Term and subject to the provisions of this Schedule, Client shall at its expense (unless otherwise provided for herein) fulfill, or cause to be fulfilled by the Funds or otherwise, the Client obligations, if any, set forth in each Service Exhibit to this Schedule. Client hereby represents, warrants and covenants that the execution and delivery of this Schedule by Client and the performance of Client’s obligations under this Schedule have been duly authorized by all necessary action on the part of Client. Client must comply with the provisions of this Schedule. Client agrees that DST may seek relief from Client for any infringement of this Schedule such as, but not limited to, a material violation, breach, act of negligence or gross negligence, willful misconduct, misfeasance or malfeasance committed by Client or its officers, agents and assigns, in connection with Client’s obligations and responsibilities under this Schedule.

  • Landlord’s Responsibilities Landlord shall maintain and keep in good order and repair the roof, guttering and downspouts and the structural walls and foundations (neither windows nor doors are regarded as walls for the purpose of this paragraph), of the Premises, except that Tenant shall reimburse Landlord for the cost of any repair occasioned by the act or negligence of Tenant, its agents, employees, invitees or licensees. Landlord shall not be required to make any other improvements or repairs of any kind upon the Premises and appurtenances thereto. Landlord's sole liability shall be limited to the cost of the repair. Landlord shall not be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, or any other work therein pursuant to Landlord's rights or obligations under this lease so long as such work is being conducted by Landlord in accordance with the terms of the Lease and without negligence or disregard for Tenant's business operations. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Any and all repairs for which Landlord is responsible shall be made within a reasonable time after written notice of the necessity of such repairs has been given by Tenant.

  • Contractor Responsibilities It shall be Tenant’s responsibility to cause each of Tenant’s contractors and subcontractors to:

  • ALPS’ Responsibilities In connection with its performance of TA Web, ALPS shall:

  • Customer Responsibilities (a) The Customer agrees to (i) promptly notify the Bank of any change that the Customer wishes to make to Exhibit B, (ii) promptly notify the Bank if any information contained in the Customer Information Sheet becomes inaccurate or untrue and (iii) indemnify the Bank for any losses resulting from the Customer's failure to adhere to the provisions of Subsection (a) of this Section 11.

  • Custodial Responsibilities ARTICLE IX

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