Performance by the City Clause Samples
Performance by the City. The CITY without expense to the ENGINEER, will;
1. Make available from its files such data relating to all engineering projects as it has in its possession.
2. Guarantee access to and make all provisions for the ENGINEER to enter upon public and private property as required by the ENGINEER to perform its services under this Agreement.
3. Give prompt written notice to the ENGINEER whenever the CITYobserves or otherwise becomes aware of any defect in any project, so that the ENGINEER may investigate and make recommendations to the CITY.
4. Furnish and bear all costs incident to approvals and permits from all governmental authorities having jurisdiction over any project undertaken hereunder and such approvals and consents from others as may be necessary for completion of the project.
5. Furnish testing and laboratory inspecting services or utilize the ENGINEER to coordinate and secure these services.
Performance by the City. The performance by the CITY of each condition and obligation under this Agreement.
Performance by the City. All of the covenants, agreements, acts and obligations of the City under this Agreement shall be undertaken only within the limits of the powers of the City from time to time. Notwithstanding anything in this Agreement, the City shall be under no higher obligation or duty than to exercise its best efforts to undertake those covenants, agreements, acts and obligations within the limits of those powers. The City shall be under no liability to the Developer, or any other person, firm or corporation, for the City’s failure or inability to undertake such covenant, agreement, act or obligation, if such failure or inability is beyond the control of the City or is caused by the operation of law, and the City shall not be liable for any losses or damages suffered by the Developer as a result of the failure or inability of the City to undertake such covenant, agreement, act or obligation.
Performance by the City. If Tenant shall, at any time beyond the expiration of any applicable notice and grace period provided in this Lease, fail to pay any Imposition in accordance with the provisions of Article 6 hereof, or to take out, pay for, maintain or deliver any of the insurance policies or certificates provided for in Article 8 hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed, then the City may, but shall be under no obligation to:
(i) pay any Imposition payable by Tenant pursuant to the provisions of
(ii) take out, pay for and maintain any of the insurance policies provided for in Article 8 hereof, or
(iii) make any other payment or perform any other act on Tenant's part to be made or performed as provided herein. In addition, the City may, subject to the terms of the Subleases and rights of Subtenants, after reasonable prior written notice to Tenant, enter upon the Premises during the continuation of an Event of Default of Tenant under this Lease and take all such actions thereon, as may be necessary to perform any such other act on Tenant's part to be performed that is the reason for the Event of Default.
Performance by the City. The City stands by its earlier agreement as set forth in the Revised Outline of Settlement Terms and Conditions, executed on September 9, 2011 (“Earlier Litigation Settlement Agreement”), to contribute a cash payment of $150,000 (“City Cash Payment”) and the Additional Pledged Revenue as defined in the Earlier Litigation Settlement Agreement. The City acknowledges that, it has collected and is holding Additional Pledged Revenue in the amount of $285,000 for each of 2012 and 2013. The City agrees that the City Cash Payment plus the Additional Pledged Revenue for 2012, 2013, and 2014 (to date) will be paid to the Banks at the time the ERA Parties complete their performance under Section A.1 of this Agreement, or earlier upon agreement of the Parties, except that the City shall retain $80,000 as reimbursement for the City’s costs and attorneys’ fees incurred in the Litigation. The Additional Pledged Revenue collected by the City after such performance shall be used to pay the Bonds in accordance with the financing provided by the ERA Parties.
Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work.
Performance by the City. The City agrees to furnish to the unincorporated areas of the County described in Attachment A, which is made a part of this contract (hereinafter called the “fire service area”), the following fire protection and emergent medical first responder services:
Performance by the City. The City shall:
1. Provide to BCBSWY an approval of the Benefit Document;
2. Provide to BCBSWY a detailed description of any contemplated revisions in the Plan and appropriate amendments for attachment to the Benefit Document should any revisions actually be put into effect;
3. Provide to BCBSWY on a timely basis, and no less frequently than monthly, all Participants and Beneficiaries newly entitled to benefits under the Plan, including all data as may be needed to enable BCBSWY to determine the benefits to which each Participant and Beneficiary may become entitled, in accordance with the provisions of the Benefit Document. Following the initial enrollment, additional Participants and Beneficiaries may be added in accordance with the terms of the Benefit Document. Deletions or additions by the City to the list of Participants and Beneficiaries shall be transmitted by the City to BCBSWY on a timely basis and no less frequently than monthly;
4. Determine the eligibility of Participants and Beneficiaries to receive benefits;
5. Remit to BCBSWY, in consideration of services performed by BCBSWY, the fees, charges and paid claims as detailed in Section D and Attachment A of this Agreement;
6. Pay any and all premium taxes, licenses and fees now or hereafter levied by any governmental authority upon the City, or via fees or assessments levied against BCBSWY as the Claims Supervisor for the City (e.g., immunization assessments);
7. In the event of termination of this Agreement in accordance with Paragraphs 1 and 3 of Section G of this Agreement, forward to BCBSWY reimbursement for all run-out claims payments made on the City’s behalf, along with any applicable run-out processing fees (as set forth in Attachment A to this Agreement);
8. Provide to BCBSWY written specifications of any special reporting requirements, as requested by the City, subject to the terms, if any, as set forth in Attachment C to this Agreement;
9. Provide to BCBSWY copies of contracts, documents, agreements, or other information necessary for BCBSWY to complete performance under this agreement, subject to the terms, if any, as set forth in this Agreement;
10. The City or its designee other than BCBSWY shall be solely responsible for complying with all aspects of ERISA. This includes, without limitation: maintenance of the Plan pursuant to a written plan document; publication, distribution and required updating of the Summary Plan Description, summary annual report and summary of material modi...