pf_03632 - Laserfiche WebLink

Home

or using the same materials and design as originally used, and using equipment and engineering standards equal to, or better than, those originally used. It~ for any reason, any of the Transit Facilities must be changed or modified in connection with replacement or reconstruction, including, without limitation. change of the initial design. no such change or modification shall be made or done without first receiving the prior vvritten approval of Equitable. 2.8. Entry Easements; Liens. (a) The City and the RTB, by themselves, or through their agents, employees or contractors, shall have, and Are hereby given, the right to enter upon the Bus Route and the property on which the Transit Facilities are located with such personnel, equipment and materials as they may deem necessary, for the purpose of performing their obligations as set forth in this Article II. Such entry shall be made, and such performance shall be done, only after at least ten (10) days prior written notice to Equitable and on a schedule and at times worked out with Equitable; provided, however, that in the event an emergency exists, in the reasonable opinion of the entering party, such entry may be without such notice or agreed on schedule. Provided, further however, and in any event, any such entry shall be done in such manner and at such times as shall cause the least possible interference with the ongoing operation of Rosedale and the use of Rosedale by its owners, lessees and occupants and their respective customers, guests and invitees. (b) All work done on Rosedale by the City or the R TB pursuant to this Agreement shall be paid for by the City so as to keep Rosedale, and all parts thereof, free and clear of mechanics and material men's liens arising or claimed to arise therefrom, and if any such lien be filed or recorded, it shall promptly be discharged of record by the City. 2.9. Casualty Insurance: Damage and Destruction. (a) Equitable agrees that it shall maintain, or cause to be maintained, Insurance covering the Transit Facilities or parts thereof normally insured under the insurance Equitable normally carries on the common areas of Rosedale. Such insurance shall have substantially the same terms, conditions, limits and exclusions as the insurance Equitable carries on similar property similarly located. (b) If the Transit Facilities are damaged or destroyed by a casualty insured against under the policy then maintained pursuant to paragraph (a) this Section, then Equitable shall make, or cause to be made, available to the City or RTB, as and to the extent repair or reconstruction progress, the net insurance proceeds payable due to, and allocable to, the damage or destruction of such Transit Facilities (except, however, the Bus Route), to assist City and RTB in fulfilling their obligations to maintain and repair as set out in this Article.