Water and Wastewater Service Other Utilities Clause Samples
Water and Wastewater Service Other Utilities
Related to Water and Wastewater Service Other Utilities
Wastewater investments in the construction, material enhancement, or renewal of infrastructure that supports wastewater and storm water collection, treatment, and management systems. Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres) are not eligible. Eligible Expenditures will be limited to the following: 1. Infrastructure investments – expenditures associated with acquiring, planning, designing, constructing, or renovating a tangible capital asset and any related debt financing charges specifically identified with that asset. 2. Capacity-building costs – for projects eligible under the capacity-building category only, expenditures associated with the development and implementation of: • Capital investment plans, integrated community sustainability plans, integrated regional plans, housing needs assessments, or asset management plans; • Studies, strategies, systems, software, third-party assessments, plans, or training related to asset management; • Studies, strategies, systems, or plans related to housing or land use; • Studies, strategies, or plans related to the long-term management of infrastructure; and • Other initiatives that strengthen the Recipient’s ability to improve local and regional planning. 3. Joint communications and signage costs – expenditures directly associated with joint federal communication activities and with federal project signage.
Services and Utilities 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Utilities The Landlord shall provide the following utilities and services to the Tenant: _
Stormwater Notwithstanding any other provisions or terms of this Agreement, Company acknowledges that certain properties within the Premises or on Authority-owned land are subject to stormwater rules and regulations. Company agrees to observe and abide by such stormwater rules and regulations as may be applicable to the Premises, and, if applicable, Company hereby expressly covenants, warrants, and represents to Authority, in connection with Company’s operations on the Premises, the following: A. Company is required to submit a Notice of Intent to use the State of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity. Authority and Company both acknowledge that close cooperation is necessary to ensure compliance with any stormwater discharge permit terms and conditions, as well as to ensure safety and to minimize the cost of compliance. Company acknowledges further that it may be necessary to undertake actions to minimize the exposure of stormwater to “significant materials” (as such term may be defined by applicable stormwater rules and regulations) generated, stored, handled, or otherwise used by Company by implementing and maintaining “best management practices” (BMPs) (as such term may be defined in applicable stormwater rules and regulations). Company will establish a BMP plan for the Premises and submit a copy to Authority. B. Company will be knowledgeable of any stormwater discharge permit requirements applicable to Company and with which Company will be obligated to comply. The submittal of a Notice of Intent will be made by Company to the FDEP, and a copy will be submitted to Authority. Company is required to comply with the following requirements including, but not limited to, certification of non-stormwater discharges; collection of stormwater samples; preparation of a Stormwater Pollution Prevention Plan or similar plans; implementation of BMPs; and maintenance and submittal of necessary records. In complying with such requirements, Company will observe applicable deadlines set by the regulatory agency that has jurisdiction over the permit. Company agrees to undertake, at its sole expense, those stormwater permit requirements for which it has received written notice from the regulatory agency and that apply to the Premises, and Company agrees that it will hold harmless and indemnify Authority for any violations or non-compliance with any such permit requirements.
Utilities; Amenities The following utilities are included in the Total Rent set forth in this Agreement: Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents in possession for the applicable period) for the apartment's usage of electricity and water, applied pro-rata to any partial billing cycle. Resident will be responsible for his or her pro-rata share of electricity and water charges during the term of this Agreement, regardless of actual date of move-in or move-out. No refund or credit will be provided for usage below any applicable allowance levels. In connection with the administration of utility billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility bill, at Owner's discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner's option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility allocations and billing services. Upon Resident's request, Owner will provide copies of applicable utility bills. At Owner's option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity and/or water bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity and/or water charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record, plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing utility accounts; Resident acknowledges that such third-party providers are not utility providers. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident's privacy during operation of utilities, that such utilities will satisfy Resident's requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident's use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner's and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident's occupancy will be charged to Resident (and the other resident(s) in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner's discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident's sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE