Excess Maintenance definition
Examples of Excess Maintenance in a sentence
If AWA’s review of the records and files reveals that the actual maintenance costs paid by Mesa during the term of this Agreement was less than the sum of all the Guaranteed Maintenance Costs paid by AWA during the term of this Agreement (the “Excess Maintenance Payments”), then Mesa, within 30 days after receipt of written demand, shall pay to AWA an amount equal to the Excess Maintenance Payments.
The Company shall be liable to the Township for the Excess Maintenance and/or repair of any Bonded Roadway not adequately maintained by the Company as provided herein or damaged as the result of the Company’s use of the Bonded Roadway.
Excess Maintenance Fees or Investment Recovery Fees paid in advance for an unused balance of a fiscal year shall be returned to Fayetteville on a pro rata basis.
If the Township determines that the Company is not maintaining or restoring the Bonded Roadways to the level agreed to herein, the Township shall notify the Company, in writing, of this determination and the Company shall perform the required Excess Maintenance reasonably promptly after receipt of such notice, but in no event later than thirty (30) days after receipt of such notice, unless delayed by adverse weather or a force majeure event.
As a result, the Township hereby agrees that the Company shall have the right to make temporary repairs to the Bonded Roadways subject to the approval of the Township, not to be unreasonably withheld, in order to satisfy its Excess Maintenance obligations hereunder during the term of this Agreement.
If such temporary repairs are acceptable to maintain the Bonded Roadways in accordance with the standards herein, then the Company shall not be required to replace or repave the Bonded Roadways to satisfy its Excess Maintenance obligations hereunder until the Company has completed all of its oil and gas development activities in the Township.
If AWA's review of the records and files reveals that the actual maintenance costs paid by Mesa during the term of this Agreement was less than the sum of all the Guaranteed Maintenance Costs paid by AWA during the term of this Agreement (the "Excess Maintenance Payments"), then Mesa, within 30 days after receipt of written demand, shall pay to AWA an amount equal to the Excess Maintenance Payments.
All Excess Maintenance required hereunder shall be performed by the Company and/or its contractor(s) in accordance with the specifications of Publication 408 and supplements thereto issued by the Pennsylvania Department of Transportation or other applicable specifications approved by the Pennsylvania Department of Transportation for winter road repair.
If at said meeting the Company has completed all necessary Excess Maintenance required hereunder in accordance with the terms of this Agreement, then this Agreement shall be terminated and of no further force or effect and all security delivered to the Township by the Company shall be released to the Company.
Excess Maintenance means maintenance or restoration or both that is in excess of normal maintenance (but not improvements beyond the state of repair existing at the date of the initial inspection) that is necessary to maintain the roadway, shoulders, drainage facilities, and other appurtenances because of the use of over-posted-weight-vehicles, and in accordance with the Maintenance Plan.