Question
What edits should you do in this contract if you are the owner residing in Washington state? Please include referenced materials. Thanks. This Portable Noise
What edits should you do in this contract if you are the owner residing in Washington state? Please include referenced materials. Thanks.
This Portable Noise Monitor Placement & Entry Agreement ("Agreement") is entered into between the homeowner ("Owner"), and the Portlandia Airport, an Oregon municipal corporation ("the Port"). Owner owns the property legally described in Exhibit A, (the "Property"). The Port is the owner, proprietor and operator of Portlandia International Airport ("Airport").
Owner has requested and the Port has agreed that the Port will temporarily install, operate, gather data from, and then remove, one of the Port's portable noise monitors ("the Monitor") on the Property on the terms and conditions set forth in this Agreement.
2. Installation & Operation of the Monitor.
a. Access for Installation. The Port will notify Owner at least fourteen (14) calendar days before starting installation of the Monitor. Owner's consent to the commencement, work on and completion of the installation shall not be unreasonably withheld or delayed, and Owner shall be deemed to have approved the commencement of installation if Owner does not notify the Port of any objections within seven (7) calendar days after the Port sends the notice. The Port will not arrange for any party other than Port Representatives to enter or use the Property during installation.
b. Installation Work. The Port's installation work shall be performed in a good and workmanlike manner. The initial installation of the Monitor shall be performed during normal business hours (8:00 a.m. to 5:00 p.m., Monday-Friday), and the installation shall be performed to avoid any undue noise or disruption to the Owner or other occupants of the Property. Upon request by Owner or the Port, installation work may be performed outside of normal business hours with the other party's approval, which shall not be unreasonably withheld or delayed.
c. Access After Installation. After installation is complete, Port Representatives shall have access to the Monitor through the Property twenty-four (24) hours a day, seven (7) days a week. When possible, the Port shall conduct Necessary Activities during the hours of 9:00 a.m. to 5:00 p.m., Monday-Friday.
d. Owner Obligations After Installation. Owner understands and agrees that the Monitor is a sensitive technical instrument containing confidential and proprietary technology.
1. Owner represents, warrants and agrees that Owner will not handle, interfere with the operation of, attempt to modify, or extract any information from, the Monitor while it is located on the Property.
2. Owner is responsible for taking reasonable steps to protect the Monitor from theft, damage, modification or removal from the Property during the Term of this Agreement. The steps shall include (a) Owner's inspection of the Monitor site on a weekly basis during the Term of this Agreement; (b) submission by email to the email address in Section 10 below every two weeks of a brief report on and photographs of the site's condition ; and (c) Owner providing immediate notice to the Port of any theft, damage, modification or removal of the Monitor from the Property during the Term of this Agreement.
3. During the Term of this Agreement, Owner shall exercise reasonable and ordinary care in the maintenance of the road on the Property providing access to the Monitor site. Owner shall provide notice to the Port via email as provided in Section 10 below if (a) the road providing access to the Monitor site is in an unsafe, dangerous or impassable condition and (b) when such condition has been resolved or repaired.
4. Owner may, but shall not have the obligation to, construct a fence or other enclosure around the Monitor site. If Owner constructs or arranges for the construction of such a fence or enclosure, then (a) the design of it shall be subject to the prior written approval of the Port, which approval shall not be unreasonably delayed or withheld, and (b) Owner shall provide the Port with the means (key, lock combination, access code, etc.) for Port Representatives to have access to the Monitor within the fence or enclosure without need of contacting Owner.
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