Provision of Utility Services Sample Clauses

Provision of Utility Services. To the extent Garden City provides utility services, Garden City agrees to provide such services on an ongoing basis at rates charged to customers within the City in accordance with the City’s Master Fee Schedule as adopted by the City Council from time to time to include standard utility services as designated in the Master Fee Schedule. A copy of the FY21 Master Fee Schedule is attached (Exhibit D). SCCPSS will pay for utility improvements located on SCCPSS property and specific offsite improvements that are required by the project by the SCCPSS consulting engineer in coordination with the City staff to include all costs for design and construction, and fees for permits to be obtained from third-parties including, but not limited to, CSX. In connection with the Multi-School Project, SCCPSS will pay for all necessary utility relocations associated with the PTW reconstruction as described herein. The parties will mutually resolve issues regarding sanitary sewer discharge to maintain the conveyance capacity of existing City facilities by strategically constructing sewer facilities to connection points as directed and approved by the City. SCCPSS will pay for the furnishing and installation of the sanitary lift station and force main installation running to the west down PTW, to a connection point established and approved by the City near the northwest corner of the Garden City Stadium parcel (PIN 60014 01031A) and within the CSX Railroad right of way. This system is being installed in combination with the gravity system tie-in to the City public sewer system along Highway 21, as directed by the City, to help 4834-5003-6463, v. 2 accommodate flow capacities in the City’s existing public sewer systems. Upon completion of the lift station and the force main along PTW, and the City’s satisfactory inspection of same, fee simple title to the facilities, together with easements necessary for the long term operation and maintenance of same, will be conveyed to the City. SCCPSS shall remedy any defects in the materials and work, and pay for any damage resulting therefrom, which may appear within the one-year period of the warranty which it is being provided by its contractor for the utility work. It is specifically understood and agreed that if any water or sewer lines are constructed not on land owned by the City, SCCPSS will acquire the fee title or the appropriate rights-of-way or easements to and in favor of the City, free and clear of all liens and encumbrances...

Provision of Utility Services. (a) Landlord shall, at Landlord’s sole cost and expense, install or shall cause to be installed the following utility services potable water (and fire suppression), electricity, storm water management and sanitary sewer (collectively, the “Utility Services”), in commercially reasonable capacities for Urban’s Use (as defined in the Acquisition Agreement) in accordance with the Acquisition Agreement. (b) Landlord shall, at Landlord’s sole cost and expense, be responsible for maintenance and repair (or replacement, as determined by Landlord in its sole discretion) of the PAID Utility Facilities required to deliver the Utility Services up to the Utility Demarcation Point for each Utility Service. The “Utility Demarcation Point” shall be: (i) with respect to electricity, at the primary side of the transformer at Building 543 (Parcel 5H on the Urban Subdivision Plan) and at the primary side of the transformer located north of Buildings 7, 12 and 15 or at the primary side of an individual transformer serving the Leased Premises; (ii) with respect to water, at the water main; and (iii) with respect to sanitary sewer, at the sewer main. Landlord, at Landlord’s sole cost and expense, shall repair (or replace, as determined by Landlord in its sole discretion) a Utility Service in order for Landlord to provide the Utility Services to the Utility Demarcation Point as aforesaid.

Provision of Utility Services. (a) During the Term, the SFPUC agrees that it will continue to provide utility services for, and on behalf of, TIDA on NSTI consistent with past practices, and to the extent feasible given the condition of the utility systems and related infrastructure (the “Services”). These Services are described in Functional Annex 6 of the current Cooperative Agreement with noted exceptions and amendments as shown on Exhibit A, attached hereto, and subject to the terms and conditions of this MOU. The scope of the Services may be amended by written agreement between the parties hereto. In no event shall the SFPUC be required to continue to provide the Services if TIDA fails to fulfill its payment obligations set forth in Section 3 below. (b) The parties acknowledge that all Services rendered by the SFPUC to TIDA hereunder are as a contractor, not as a public utility provider, and the SFPUC’s expenditure authority in providing the Services is limited to the funds realized under Section 3 below as payment for the Services. These payments are expected to include funds for the day-to-day operation and maintenance of the Pretransfer Infrastructure, including any claims or judgments, so that the SFPUC is made whole. (c) The Navy, as the owner of NSTI, has responsibility for investigating and remediating Hazardous Materials consistent with Federal and State law, and the terms of the pending EDC MOA. TIDA is responsible for conveying information concerning Navy activities to SFPUC and developing and distributing Health and Safety Plans for the use of SFPUC employees performing services under this MOU. TIDA agrees to inform SFPUC as soon as practicable of any work that the Navy is performing as part of the remediation or otherwise, that will impact Navy infrastructure that the SFPUC is responsible under this MOU to service. TIDA agrees to convey as built drawings of any repaired or replaced Navy infrastructure to the SFPUC as soon as practicable. Upon SFPUC’s request, TIDA will schedule meetings with the persons most knowledgeable about the Navy’s remediation activities in order to provide current information to the SFPUC. (d) The SFPUC will inform TIDA of all known conditions related to providing Services that could result in threats to public health and safety or regulatory violations due to infrastructure failure. The SFPUC conducted a condition assessment of certain utility infrastructure on NSTI, and provided those reports to TIDA. In addition, the SFPUC provided TIDA an as...

Provision of Utility Services. (a) Landlord shall provide or shall cause to be provided the following utility services (the “Utility Services”) to the points identified on Exhibit C (for each Utility Service, the “Utility Demarcation Point”): potable water, electricity and sanitary sewer services. (b) Landlord shall be responsible for maintenance and repair of the Utility Facilities required to deliver the Utility Services up to the Utility Demarcation Point for each Utility Service. Landlord has entered into a contract with Cinergy Solutions of Philadelphia LLC for the operation and maintenance, on behalf of Landlord, of the electrical Utility Facilities and for billing and metering for Utility Services. Landlord has entered into a contract with the City of Philadelphia Water Department for the operation and maintenance, on behalf of Landlord, of the potable water and sanitary sewer Utility Facilities. Landlord reserves the right to terminate the forgoing contracts in its sole discretion and replace the contractors with other qualified contractors. Landlord also reserves the right to sell, lease, encumber or otherwise convey the Utility Facilities to a third party. (c) Tenant shall be responsible for maintenance, repair and upgrade of any Utility Facility located on the Leased Premises and within the Utility Demarcation Point for that Utility Service. All meters required for the measurement of Utility Services, including temporary construction meters, or submeters, shall be installed by Landlord prior to occupancy of the Leased Premises and Tenant shall be responsible for such cost of installation, as Additional Rent. If Tenant occupies the Leased Premises prior to the installation of meters, Landlord reserves the right to render utility bills based on estimated usage. (d) Tenant, for itself, its, subtenants, successors and assigns hereby waives any rights it may have under the Electricity Generation Customer Choice and Competition Act 28 Pa. Cons. Stat. § § 2801 et seq. to purchase electricity from any other supplier. (e) Tenant shall be solely responsible for arranging telecommunications and teledata services to the Leased Premises.