Laserfiche WebLink
OM shall, at its sole cost and expense, make the improvements set forth on Exhibit F to the <br /> Property (the "Improvements"). All Improvements shall be completed in a careful and <br /> workmanlike manner on or before the deadlines set forth on Exhibit G, free of claims, liens or <br /> encumbrances (except for those liens or encumbrances that are expressly subordinate to the <br /> City's). OM shall submit plans for all Improvements to the City Public Works Department for <br /> approval and permits, in accordance with normal City standards and requirements, prior to <br /> undertaking the Improvements. <br /> 4. Maintenance and Repair <br /> 4.1. City's Maintenance Obligation <br /> Except to the extent of OM's negligence or willful misconduct, or the negligence or <br /> willful misconduct of OM, each member, manager, partner or shareholder, as the case may be, in <br /> or of OM, and their respective officers, directors, managers, members, shareholders, partners, <br /> employees, agents and consultants (the "OM Indemnified Parties"), the City, at its sole cost and <br /> expense, shall maintain the Easement Areas identified on Exhibit H (the "City Maintenance <br /> Area") in accordance with normal City standards and requirements. If the City Maintenance <br /> Area is damaged by any of the OM Indemnified Parties, OM shall, at its sole cost and expense, <br /> promptly repair the City Maintenance Area to the condition it was in immediately before such <br /> damage occurred. Such maintenance and repair work shall be completed in a good and <br /> workmanlike manner in accordance with normal City standards and requirements. <br /> 4.2 OM's Maintenance Obligation <br /> Except to the extent of the City's negligence or willful misconduct, or the negligence or <br /> willful misconduct of its employees, elected officials,representatives, agents and consultants (the <br /> "City Indemnified Parties"), OM, at its sole cost and expense, shall maintain the Easement <br /> Areas identified on Exhibit I (the "OM Maintenance Area") in accordance with normal City <br /> standards and requirements. If the OM Maintenance Area is damaged by any of the City <br /> Indemnified Parties, the City shall, at its sole cost and expense, promptly repair the OM <br /> Maintenance Area to the condition it was in immediately before such damage occurred. Such <br /> maintenance and repair work shall be completed in a good and workmanlike manner in <br /> accordance with normal City standards and requirements. <br /> 5. Cooperation <br /> The parties have used their good faith efforts to identify and include in this Agreement all <br /> easements and rights-of-way on the Property that are reasonably necessary or desirable for the <br /> City's public amenities, utilities and facilities. If the City notifies OM that it has determined that <br /> J-3 <br /> 06107-0063,L EGA L 13023969.1 <br />