Underground Improvements Clause Samples

The "Underground Improvements" clause defines the rights and responsibilities related to any structures, utilities, or installations located below the surface of a property. This typically includes items such as water and sewer lines, electrical conduits, or foundations that are not visible above ground. The clause may specify who is responsible for maintaining, repairing, or relocating these improvements, and can require disclosure of their existence during property transactions. Its core function is to allocate responsibility and prevent disputes over hidden infrastructure, ensuring that all parties are aware of and can plan for any underground elements that may affect property use or development.
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Underground Improvements. A list of all underground improvements at the Property, including treatment or storage tanks, sumps, or water, gas or oil w▇▇▇▇.
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Underground Improvements. 37 3.15.6 RECORDS..........................................................................37 3.15.7 LIENS............................................................................37 3.16
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Underground Improvements. The existence of certain partially demolished concrete tanks (that were formerly part of the Seller’s treatment plant) at the northwest corner of the property (“the Underground Improvements”). The existence of these structures was previously unknown to Buyer, and Buyer may therefore incur certain previously unanticipated construction costs as a result of their discovery.‌
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Underground Improvements. 37 3.15.6 Records............................................................................. 37 3.15.7 Liens............................................................................... 37 3.16
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Underground Improvements. The Client will furnish to the Consultant information identifying the type and location of existing underground improvements on the site. The Consultant is entitled to rely upon the accuracy and completeness of the information furnished to the Consultant. The Consultant (or its subconsultant) will prepare and furnish to the Client a plan showing the location of these underground improvements as provided by the Client and indicating the locations intended for subsurface penetrations. The Client will review and approve this plan and authorize the Consultant to proceed. The Client further agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, the Consultant) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising from subsurface penetrations in locations authorized by the Client or from the inaccuracy or incompleteness of information provided to the Consultant by the Client, except for damages caused by the sole negligence or willful misconduct of the Consultant.
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Underground Improvements. Except as set forth in Schedule 3.15.5 delivered hereunder: (a) no Real Property contains any underground improvements, including underground storage tanks or underground piping attached to such storage tanks, used currently or in the past for the management of Hazardous Materials, and no portion of such Real Property is or has been used as a dump or landfill or consists of or contains filled in land; and (b) no Real Property sold or otherwise transferred by CRSI or such Subsidiary prior to the CRSI Acquisition Date contained prior to the CRSI Acquisition Date any underground improvements, including underground storage tanks or underground piping attached to such storage tanks, used in the past for the management of Hazardous Materials, and no portion of such Real Property was, on or prior to the CRSI Acquisition Date, used as a dump or landfill or consisted of or contained filled in land.
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Underground Improvements. In order to proceed with its contemplated improvements on the Property, Buyer anticipates having to remove at least some of the Underground Improvements. In principle, the Seller is willing to pay for a reasonable amount of the actual, incremental costs of removing the Underground Improvements so long as it is demonstrated that the removal is essential to Buyer’s contemplated plans and the Buyer actually incurs those costs. In order for the parties to negotiate an agreed-upon cost of removing the Underground Improvements, Buyer agrees to (a) have a soils report prepared to determine what type of foundation would be required for the improvements contemplated on the footprint of the Underground Improvements; (b) evaluate whether its site plan could be cost effectively redesigned in a manner that does not require removal of the Underground Improvements; (c) evaluate whether the improvements contemplated on the footprint of the Underground Improvements would require that all of the Underground Improvements be removed or only a portion thereof; and (d) determine the estimated cost of removing the Underground Improvements. No later than December 16, 2011, Buyer shall provide its analysis of the foregoing issues to the Seller in writing. Thereafter, the parties shall negotiate in good faith to reach agreement on the cost that Seller would be obligated to pay Buyer to reimburse it for the costs of removing, as the case may be, the Underground Improvements or a portion thereof. The parties shall attempt to reach agreement as soon as reasonably possible, but no later than 30 days, after Seller’s receipt of the analysis required by this paragraph. As the amount of proceeds anticipated from the sale of the Property is the consideration for the Seller to proceeding with the DDA, and the costs associated with removal of the Underground Improvement effectively reduce the amount of that consideration, the District may determine to terminate the DDA for convenience as a result of the parties’ failure to reach agreement on the costs for removing the Underground Improvements. If at the end of the 30-day period the parties have not reached agreement, Seller shall terminate the DDA for convenience, if requested to do so by Buyer.
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Underground Improvements. Grantee, on behalf of itself, its officers, agents, employees, contractors, suppliers, and all other persons under contract with Grantee (each individually referred to herein as, a “Grantee Party” and collectively as, “Grantee Parties”), does further hereby covenant and agree that all Improvements shall be maintained and kept underground and shall be buried at least twenty-four inches (24”) below the surface grade of the Easement Area; Grantee shall make reasonable efforts to coordinate with Grantor regarding the location of any portion of the Improvements less than twenty-four inches (24”) below the surface grade of the Easement Area, at the surface or above ground (including without limitation surface manholes and vent pipes) to minimize any interference with Golf Course play. Grantee shall provide Grantor with “as-built” drawings of the Improvements located within the Easement Area and all modifications thereof.
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Related to Underground Improvements

  • Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

  • Underground Tanks If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

  • Building and Improvements Lessor shall obtain and keep in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor, any ground-lessor, and to any Lender insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence.

  • REPAIRS AND IMPROVEMENTS 14.1 Prior to registration of transfer, the Purchaser shall not be entitled to effect any alterations to the Property without the prior written consent of the Seller. 14.2 The Seller shall not be obliged to compensate the Purchaser for any authorised alteration effected in the event of the sale being cancelled. 14.3 The Purchaser shall be liable for any damages suffered by the Seller as a result of any alterations effected by the Purchaser, not authorised by the Seller.

  • Leasehold Improvements a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.