Annual Operating Plan. At least thirty (30) days prior to the scheduled Project Substantial Completion Date and at least thirty (30) days prior to the anniversary of the Commencement Date each year of the Term thereafter, O&M Contractor shall prepare and submit to Owner a proposed annual operating plan, consistent with the requirements set forth in Exhibit A-1, for the up- coming Operating Period setting forth the underlying assumptions and implementation plans in connection with the Services, including anticipated operations, maintenance, repairs and capital improvements, scheduled outages, procurement, staffing, personnel and labor activities, training plans, program enhancements and administrative activities and any anticipated T&M Services and budget for T&M Costs expected during such Operating Period. Owner shall promptly review O&M Contractor’s proposed annual operating plan and may, by written request, propose changes, additions, deletions, and modifications thereto. If O&M Contractor does not concur with any or all of Owner’s proposed changes, Owner and O&M Contractor will discuss the open issues and shall use good faith efforts to resolve such issues. After such consultations, O&M Contractor shall submit a revised proposed annual operating plan to Owner incorporating any agreed-upon revisions. Owner shall thereafter either (a) approve the revised proposed annual operating plan or (b) return such revised proposed annual operating plan together with proposed changes, additions, deletions, or modifications thereto for O&M Contractor’s approval, which approval shall not be unreasonably withheld. The final document resulting from this process shall be the “Annual Operating Plan.” The Annual Operating Plan shall remain in effect throughout the applicable Operating Period, subject to updating, revision, and amendment as may be proposed by either Party and consented to in writing by the other Party, which consent shall not be unreasonably withheld.
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Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement
Annual Operating Plan. At least thirty (30) days prior to the scheduled Project Substantial Completion Date and at least thirty (30) days prior to the anniversary of the Commencement Date each year of the Term thereafter, O&M Contractor shall prepare and submit to Owner a proposed annual operating plan, consistent with the requirements set forth in Exhibit A-1, for the up- coming Operating Period setting forth the underlying assumptions and implementation plans in connection with the Services, including anticipated operations, maintenance, repairs and capital improvements, scheduled outages, procurement, staffing, personnel and labor activities, training plans, program enhancements and administrative activities and any anticipated T&M Services and budget for T&M Costs expected during such Operating Period. Owner shall promptly review O&M Contractor’s proposed annual operating plan and may, by written request, propose changes, additions, deletions, and modifications thereto. If O&M Contractor does not concur with any or all of Owner’s proposed changes, Owner and O&M Contractor will discuss the open issues and shall use good faith efforts to resolve such issues. After such consultations, O&M Contractor shall submit a revised proposed annual operating plan to Owner incorporating any agreed-upon revisions. Owner shall thereafter either (aia) approve the revised proposed annual operating plan or (biib) return such revised proposed annual operating plan together with proposed changes, additions, deletions, or modifications thereto for O&M Contractor’s approval, which approval shall not be unreasonably withheld. The final document resulting from this process shall be the “Annual Operating Plan.” The Annual Operating Plan shall remain in effect throughout the applicable Operating Period, subject to updating, revision, and amendment as may be proposed by either Party and consented to in writing by the other Party, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Operation and Maintenance Agreement