Common use of New Improvements Clause in Contracts

New Improvements. All improvements performed by Lessee within the Premises shall be done at the sole expense of ▇▇▇▇▇▇. The general contour of the Premises shall not be changed except as indicated in the Trail Plan. No excavation work, or any new, permanent-type improvements or facilities of any nature, other than those indicated in the approved Trail Plan, shall be installed or constructed thereon without prior written consent of ODOT-Rail and Railroad. Notwithstanding the improvements shown in the approved Trail Plan, Lessee shall not construct any improvements within 25 feet laterally of the center line or within 24 feet vertically from the top of the rail or any track, or such greater clearances as may be required by ODOT- Rail or Federal Railroad Administration requirements (the “No-Build Area”), unless such improvement is approved in writing by Railroad and ODOT-Rail. Lessee shall fully pay for all materials joined or affixed to the Premises, shall pay in full all persons who perform labor thereon, and shall not permit or suffer any mechanics, liens or materialmen’s liens of any kind or nature to be enforced against the Premises for any work done or materials furnished thereon at ▇▇▇▇▇▇’s request.

Appears in 1 contract

Sources: Lease Agreement

New Improvements. All improvements performed by Lessee within the Premises shall be done at the sole expense of ▇▇▇▇▇▇Lessee. The general contour of the Premises shall not be changed except as indicated in the Trail Plan. No excavation work, or any new, permanent-type improvements or facilities of any nature, other than those indicated in the approved Trail Plan, shall be installed or constructed thereon without prior written consent of ODOT-Rail and Railroad. Notwithstanding the improvements shown in the approved Trail Plan, Lessee shall not construct any improvements within 25 feet laterally of the center line or within 24 feet vertically from the top of the rail or any track, or such greater clearances as may be required by ODOT- Rail or Federal Railroad Administration requirements (the “No-Build Area”), unless such improvement is approved in writing by Railroad and ODOT-Rail. Lessee shall fully pay for all materials joined or affixed to the Premises, shall pay in full all persons who perform labor thereon, and shall not permit or suffer any mechanics, liens or materialmen’s liens of any kind or nature to be enforced against the Premises for any work done or materials furnished thereon at ▇▇▇▇▇▇Lessee’s request.

Appears in 1 contract

Sources: Lease Agreement