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2011 010 Ordinance
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2011 010 Ordinance
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Last modified
11/19/2018 4:07:00 PM
Creation date
9/7/2018 5:42:51 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
010
Date
5/16/2011
Year
2011
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3/15/2011 <br />XVIII. REPAIRS <br />(a) Licensee shall, at all times during the term of this License and at Licensee's sole cost and <br />expense, keep its facilities and equipment located on or about Premises and every part thereof in <br />good condition and repair, reasonable wear and tear excepted, including making replacements <br />when necessary. If Licensee fails to promptly make any repairs that are necessary to remedy a <br />dangerous condition on the Site caused by Licensee, its agents, employees or contractors, or <br />other condition caused by Licensee, its agents, employees or contractors which is materially <br />adverse to the quiet enjoyment by Licensor or any other user of the Site, Licensor shall give <br />Licensee written notice of its intention to make such repairs and the date on which such repairs <br />shall commence. Except for emergencies, Licensee shall be given at least fifteen (15) days from <br />the day the letter is sent to commence the repairs. If Licensee does not, prior to the date set forth <br />in such notice, commence to make such repairs, Licensor may make such repairs and shall be <br />reimbursed by Licensee for any and all reasonable costs incurred by Licensor in performing (or <br />contracting to have performed) such repairs, including any overhead costs reasonably allocable <br />to the performance thereof. Licensor shall provide Licensee reasonably detailed supporting <br />documentation of such costs concurrently with any demand for reimbursement. <br />(b) Licensee shall, at all times, during the term of this License and at Licensee's sole cost and <br />expense, keep Licensee's equipment at the Site and any access roads constructed by Licensee for <br />its sole use at the Premises in good condition and repair, except for any access roads or <br />improvements installed by Licensor or other third parties. <br />(c) Licensee, at its sole cost and expense, will promptly restore all Licensor property which is <br />destroyed or damaged by Licensee's activities on the Site if so requested by Licensor. Licensee <br />agrees to commence performance of any remedial work within thirty (30) days of written notice <br />by Licensor and to complete remedial work required in the reasonable opinion of Licensor to <br />restore the site to its original condition,. reasonable wear and tear excepted, within the number of <br />days specified in the written notice. The number of days specified shall be reasonable. If <br />remedial work is not undertaken and completed within the specified time, Licensor may, on ten <br />(10) days' prior written notice to Licensee, undertake and complete the remedial work with its <br />own forces and/or independent contractors, and Licensee shall pay all actual costs or charges <br />incurred by Licensor by reason of such work. Licensor shall provide Licensee reasonably <br />detailed supporting documentation for such costs and charges. If Licensor must make repairs to it <br />its equipment under this Article, Licensee shall pay all of the cost of those repairs. <br />XIX. SURRENDER OF PREMISES; HOLDING OVER. <br />(a) Upon the expiration or other termination of this License, Licensee shall peacefully vacate the <br />Premises in as good order and condition as the same were on the Commencement Date, <br />reasonable wear and tear, and damage not caused by Licensee excepted. If Licensee fails to <br />promptly remove all of its facilities and equipment from the Premises within thirty (30) days <br />after expiration or earlier termination of the Term, Licensor may, after fifteen (15)days prior <br />written notice to Licensee, remove the same (without any liability to Licensee for any damage to <br />such equipment and<or facilities which may result from reasonable efforts at removal), and <br />Licensee shall pay to Licensor on demand any and all reasonable costs incurred by Licensor in <br />Page 11 of 26 <br />
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