|
"Extension Terms" means twenty (20) periods of five (5) years each, and each five- (5-)
<br />year period is referred to herein, individually, as an "Extension Term."
<br />"Force Maj eure" means any act or acts beyond the reasonable control of the affected
<br />Party, including without limitation, acts of God; epidemics or pandemics; acts of public enemies;
<br />orders or restraints of any kind of the government of the United States of America or of the State
<br />or any of their departments, agencies, political subdivisions or officials (other than the Chief
<br />Executive Officer of Manager or the Mayor or City Council of Municipality, respectively), or
<br />any local municipal authority (other than the Chief Executive Officer of Manager or the Mayor
<br />or City Council of Municipality, respectively), or any civil or military authority; laws,
<br />ordinances, permits, rules, regulations, orders, and other applicable requirements imposed by
<br />governmental authorities with competent jurisdiction; insurrections; civic disturbances; riots;
<br />strikes; lockouts; unforeseen subsurface conditions; shortages of labor, fuel, or materials;
<br />discontinuation, suspension, or interruption of, or interference with, any utility or service;
<br />landslides; fire, explosion, and earthquakes; and adverse weather, including, but not limited to,
<br />hurricane, tornadoes, lightening, storms, and floods; or severe ice, snow or wind.
<br />"Initial Term" shall have the meaning set forth in Section 4.1 of this Agreement.
<br />"Premises" means the real property described and depicted on Exhibit A. attached hereto
<br />and incorporated herein,
<br />"Services" means the removal of trash and snow consistent with Cleveland Metroparks
<br />Standards.
<br />"Tax" or "Taxes" means all real estate taxes, payments in lieu of taxes, personal property
<br />taxes, privilege taxes, admissions taxes, excise taxes, business and occupation taxes, gross sales
<br />taxes, occupational license taxes, water charges, sewer charges, rates and charges, levies, license
<br />and permit fees, assessments (including assessments for public improvements or benefits) and all
<br />other governmental impositions and charges of every kind and nature whatsoever, whether or not
<br />now customary or within the contemplation of the parties and regardless of whether the same
<br />shall be extraordinary or ordinary, general or special, unforeseen or foreseen, or similar or
<br />dissimilar to any of the foregoing.
<br />"Term" shall mean the Initial Term, as the same by be extended by one or more
<br />Extension Terms, if exercised.
<br />2. Use of the Premises and Provision of the Services.
<br />2.1 Title to the Premises. Municipality covenants that it is well -seized of, and has
<br />sufficient real estate interest in the Premises such that it may authorize Manager to enter upon the
<br />Premises to perform the Services.
<br />2.2 Retention of Manager for Maintenance of Premises. Municipality hereby retains
<br />Manager, on the terms and conditions and for the purposes set forth herein, to provide the
<br />Services during the Term.
<br />2
<br />
|