Common use of Maintenance and Improvements to the Operating Area Clause in Contracts

Maintenance and Improvements to the Operating Area. CONTRACTOR agrees to maintain its Operating Area within the Main Street Lot and T-Lot in a general order that is safe, clean and sanitary, to the complete satisfaction of COUNTY Project Coordinator and in compliance with all applicable laws. COUNTY Project Coordinator shall have the right to inspect the Operating Area at any time for cleanliness and safety. CONTRACTOR shall, to the satisfaction of COUNTY Project Coordinator, keep and maintain the Operating Area and all improvements of any kind which may be placed, erected, installed, or made thereon in good condition and in substantial repair. It shall be CONTRACTOR’s responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair. All repairs and improvements made by CONTRACTOR to the Operating Area shall be in compliance with all current Federal, State, Local Ordinances and Building Codes and all Airport Regulations (Codes). The Codes encompass all fire, life and structural safety aspects and apply to the construction, alteration, moving, demolition, repair and use of the Operating Area. Any additions, alterations, repairs and changes of use or occupancy in the Operating Area shall comply with the provisions for new buildings and structures as set forth in the Codes. All devices or safeguards which are required by the Codes shall be maintained in conformance with the edition of the Codes under which it was installed. CONTRACTOR shall maintain all equipment and improvements located within the Operating Area including but not limited to buildings (if applicable), trade fixtures, wiring, software and communications equipment in good condition. CONTRACTOR agrees that all equipment repairs will be conducted within four (4) hours of notification by COUNTY Project Coordinator or his designee unless a longer period of time is approved by the COUNTY Project Coordinator or designee. If CONTRACTOR fails to maintain or make repairs or replacements as required herein, COUNTY Project Coordinator shall notify or attempt to notify CONTRACTOR in writing of such failure. Should CONTRACTOR fail to correct the failure within the time specified in the notice, COUNTY Project Coordinator may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials and equipment shall be charged to CONTRACTOR. Thereafter, an administrative fee equal to 15% of the sum of such items shall be paid by CONTRACTOR within 15 days of receipt of a statement of said cost from COUNTY Project Coordinator. COUNTY Project Coordinator may, at its option, choose other remedies available herein, or as provided by law. CONTRACTOR expressly waives any and all claims against COUNTY for compensation for any and all loss or damage to CONTRACTOR’s property sustained by reason of any defect, deficiency or impairment of any water supply system, drainage or sewer system, gas supply system, telephone system, electrical supply system or electrical apparatus or wires serving the Operating Area, except to the extent caused by COUNTY’s negligence or willful misconduct.

Maintenance and Improvements to the Operating Area. CONTRACTOR Contractor agrees to maintain its Operating Area within the Main Street Lot and T-Lot in a general order that is safe, clean and sanitary, to the complete satisfaction of COUNTY County Project Coordinator Manager and in compliance with all applicable laws. COUNTY County Project Coordinator Manager shall have the right to inspect the Operating Area at any time for cleanliness and safety. CONTRACTOR Contractor shall, to the satisfaction of COUNTY County Project CoordinatorManager, keep and maintain the Operating Area and all improvements of any kind which may be placed, erected, installed, or made thereon in good condition and in substantial repair. It shall be CONTRACTORContractor’s responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair. All repairs and improvements made by CONTRACTOR Contractor to the Operating Area shall be in compliance with all current Federal, State, Local Ordinances and Building Codes and all Airport Regulations (Codes). The Codes encompass all fire, life and structural safety aspects and apply to the construction, alteration, moving, demolition, repair and use of the Operating Area. Any additions, alterations, repairs and changes of use or occupancy in the Operating Area shall comply with the provisions for new buildings and structures as set forth in the Codes. All devices or safeguards which are required by the Codes shall be maintained in conformance with the edition of the Codes under which it was installed. CONTRACTOR Contractor shall maintain all equipment and improvements located within the Operating Area including but not limited to buildings (if applicable), trade fixtures, wiring, software and communications equipment in good condition. CONTRACTOR Contractor agrees that all equipment repairs will be conducted within four (4) hours of notification by COUNTY County Project Coordinator Manager or his designee unless a longer period of time is approved by the COUNTY County Project Coordinator Manager or designee. If CONTRACTOR Contractor fails to maintain or make repairs or replacements as required herein, COUNTY County Project Coordinator Manager shall notify or attempt to notify CONTRACTOR Contractor in writing of such failure. Should CONTRACTOR Contractor fail to correct the failure within the time specified in the notice, COUNTY County Project Coordinator Manager may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials and equipment shall be charged to CONTRACTORContractor. Thereafter, an administrative fee equal to 15% of the sum of such items shall be paid by CONTRACTOR Contractor within 15 fifteen (15) days of receipt of a statement of said cost from COUNTY County Project CoordinatorManager. COUNTY County Project Coordinator Manager may, at its option, choose other remedies available herein, or as provided by law. CONTRACTOR Contractor expressly waives any and all claims against COUNTY County for compensation for any and all loss or damage to CONTRACTORContractor’s property sustained by reason of any defect, deficiency or impairment of any water supply system, drainage or sewer system, gas supply system, telephone system, electrical supply system or electrical apparatus or wires serving the Operating Area, except to the extent caused by COUNTYCounty’s negligence or willful misconduct.