ANNUAL OPERATING AGREEMENT Sample Clauses

ANNUAL OPERATING AGREEMENT. The Operating Company covenants and agrees with BC Transit to perform each and every one of the conditions, terms, covenants and provisos contained in the Annual Operating Agreement, which on the part of the Operating Company are to be observed and performed.
Sample 1Sample 2Sample 3See All (4)
ANNUAL OPERATING AGREEMENT. The Municipality and the Authority shall enter into an Annual Operating Agreement prescribed by regulation made pursuant to the British Columbia Transit Act.
Sample 1Sample 2Sample 3See All (4)
ANNUAL OPERATING AGREEMENT. The annual operating agreement shall include provisions respecting the following matters:
Sample 1Sample 2
ANNUAL OPERATING AGREEMENT. Subsequent to approval of funding, the Annual Operating Agreement will be consummated reflecting positions to be funded, service standards, and funding amounts for the term. The term of the agreement will be October 1, 2011 through September 30, 2012. This agreement will continue to be reviewed and updated annually for the ten year term of the Basic Affiliation Agreement. The Annual Operating Agreement will specify the following:
Sample 1
ANNUAL OPERATING AGREEMENT. 5.1 The parties shall on an annual basis execute an operating agreement governing scheduling of the parties’ respective year-round uses of the Howelsen Hill Ski Area, pricing for season and other Howelsen Hill Ski Area passes, planning for snowmaking, grooming, and other operations, the costs of services to be charged by the City, allocating the funds anticipated to be available for use at the Howelsen Hill Ski Area, and other operations issues. The parties shall also discuss joint fundraising and potential capital projects / campaigns relating to potential improvements at Howelsen Hill Ski Area and shall work together where appropriate to secure grant funding for relevant projects. The City shall consult with the Club regarding pricing, cost of services, and allocation of funds, but the City shall retain final decision making authority regarding those issues. Discussions regarding the annual operating agreement shall commence between the City Parks, Open Space, and Recreational Services Department and Club representatives no later than May 15 each year and be concluded by June 15 of each year. During that time, the Club will present a proposed event schedule for the coming year. The City acknowledges that the Club may not have a final list of winter athletic events until September 1st and agrees to work with the Club in good faith to accommodate athletic events that have not been identified until after May 15. If the parties’ representatives are unable to agree on a schedule, the matter shall be referred for final resolution to the City Council. 5.2 The Club shall identify its event schedule to the extent the schedule is known to the Club. The parties acknowledge that scheduling of year-round sports events is subject to weather conditions and other circumstances outside the control of the parties. The parties shall use their best efforts to accommodate adjustments to the event schedule.
Sample 1

Related to ANNUAL OPERATING AGREEMENT

  • Annual Operating Plan Purchaser may be required to submit a written annual operating plan, as specified by, and at the request of the Forest Officer.

  • Annual Operating Budget Manager shall, on or before December 20 in each calendar year during the Term, deliver to SNH TRS for SNH TRS’s approval, an annual operating budget for the Facility for the next calendar year (the “Annual Operating Budget”) which shall include separate line items for Capital Replacements and set forth an estimate, on a monthly basis, of Gross Revenues and Facility Expenses, together with an explanation of anticipated changes to Resident charges, payroll rates and positions, non-wage cost increases, the proposed methodology and formula employed by Manager in allocating shared Facility Expenses, and all other factors differing from the then current calendar year. The Annual Operating Budget shall be accompanied by a narrative description of operating objectives and assumptions. If SNH TRS does not approve an Annual Operating Budget or any portion thereof, it shall do so, to the extent practicable, on a line item basis. Manager and SNH TRS shall cooperate to resolve disputed items, provided if the Annual Operating Budget is not approved by SNH TRS within thirty (30) days of SNH TRS’s receipt, Manager shall operate under the expired Annual Operating Budget until a new Annual Operating Budget is approved, provided that line items for Impositions, insurance premiums and utilities shall be the amounts actually incurred for such items. If agreement on the Annual Operating Budget cannot be reached within forty-five (45) days of SNH TRS’s receipt (which time may be extended upon mutual agreement of the parties), the matter shall be resolved by arbitration. The Annual Operating Budget as approved by SNH TRS, or as resolved by arbitration, will be the “Approved Budget” for the applicable calendar year. Manager will obtain SNH TRS’s prior approval for any expenditure which will, or is reasonably expected to, result in a variance of 5% or more of any Approved Budget.

  • Operating Agreement The Borrower will not amend, modify, waive or terminate any provision of its operating agreement without the prior written consent of the Administrative Agent.

  • AMENDING OPERATING AGREEMENT This Agreement may only be amended by an affirmative vote or consent of all Members.

  • Operating Plan To Agent and Lenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual combined operating plan (the "Operating Plan") for Parent and its Subsidiaries, approved by the Board of Directors of Parent, for the following Fiscal Year, which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes projected monthly income statement, balance sheets and source and use of funds for the following year and (iii) Borrowing Availability projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and facilities.

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Operating Partnership Agreement The Operating Partnership Agreement, in substantially the form attached hereto as Exhibit B, shall have been executed and delivered by the partners of the Operating Partnership and shall be in full force and effect and, except as contemplated by Section 2.03 or the other Formation Transaction Documents, shall not have been amended or modified.

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.

  • Governing Agreement The Assigned Transaction and the Confirmation shall form a part of, and be subject to, the ISDA Master Agreement dated as of September 29, 2006, as amended or supplemented from time to time (the "New Master Agreement"), between Assignee and Remaining Party. The Confirmation shall form a part of, and be subject to, the New Master Agreement.