Appointment of Operator. The Participant is appointed Operator, as between the Grantor and the Participant, with respect to all operations conducted hereunder; however, the Grantor shall have the joint authority with the Participant to deal with the Farmor on behalf of the parties in respect of matters arising out of the Farmout Agreement.
Appointment of Operator. 10.1 Unless otherwise agreed by the Parties in writing, and except as otherwise provided in this Article 10, the Optionor will act as Operator until the Second Operative Date, at which time the Operator will be the party with the largest Interest. If, after the Second Operative Date, the Parties' Interests change, the party with the largest Interest will be the Operator.
10.2 The Party acting as Operator may resign as Operator on at least 90 days' notice to all the Parties. In that event, the Operator will be selected by the Management Committee by the casting of that number of votes which is equal to each Party's Interest, such resignation to be effective as of a date designated by the Management Committee.
10.3 The Management Committee may, by Special Majority, remove the Party acting as Operator if:
(a) that Party makes an assignment for the benefit of its creditors, or consents to the appointment of a receiver for all or substantially all of its property, or files a petition in bankruptcy or is adjudicated bankrupt or insolvent; or
(b) a court order is entered without that Party's consent:
(i) appointing a receiver or trustee for all or substantially all of its property; or
(ii) approving a petition in bankruptcy or for a reorganization pursuant to the applicable bankruptcy legislation or for any other judicial modification or alteration of the rights of creditors;
(c) the Operator is in default under this Agreement and fails to cure such default, or to commence bona fide curative measures, within 30 days of receiving notice of the default from a non-Operator;
(d) the Operator fails to meet any of its obligations pursuant to section 11; or
(e) the Operator undergoes a change in Control.
10.4 If the Management Committee, acting in accordance with paragraph 10.3, removes the Party acting as Operator, such removal will be effective as of a date designated by the Management Committee.
10.5 If the Operator resigns or is removed, in accordance with paragraph 10.3, the Management Committee will thereupon select another Party to become the Operator effective as of a date established by the Management Committee.
10.6 The new Operator will assume all of the rights, duties, liabilities and status of the previous Operator as provided in this Agreement. The new Operator will have no obligation to hire any employees of the former Operator resulting from this change of Operator.
10.7 Upon ceasing to be Operator, the former Operator will forthwith deliver to the new O...
Appointment of Operator. 5.1 Optionee will be the initial operator on the Properties (the “Operator”) and will be entitled to continue to act as Operator until Optionee may resign as the Operator. Thereafter, Optionors will be entitled to become the Operator. If Optionors decline to be the Operator or resign as the Operator, the parties will appoint a new Operator.
5.2 The Operator will be entitled to a fee of ten percent (10%) of all Expenditures made or incurred by it as Operator for management supervision and administrative services, and such fee shall be included as an Expenditure for purposes of meeting the Expenditure requirements set forth in Section 3 of this Agreement.
5.3 The Operator will have the sole and exclusive right and authority to manage and carry out all Programs on the Properties and to incur the Expenditures required for that purpose.
5.4 In carrying out its duties, the Operator will:
(a) comply with the provisions of all agreements or instruments of title under which the Properties are held, provided the Operator is informed, in writing, of such agreements or instruments of title;
(b) pay all Expenditures properly incurred promptly as and when due;
(c) keep the Properties free of all liens and encumbrances (other than those, if any, in effect on the Effective Date or the creation of which is permitted by this Agreement) arising out of the carrying out of work on the Properties and, in the event of any lien being filed as mentioned, proceed with diligence to contest or discharge it;
(d) prosecute claims or, where a defence is available, defend litigation arising out of the carrying out of any work on the Properties on or after the Effective Date, provided that any party may join in the prosecution or defence at its own expense;
(e) perform assessment work or make payment in lieu thereof and pay the rentals, taxes, or other payments and do all other things necessary to maintain the Properties in good standing, including without limitation staking and restaking mining claims and applying for licenses, leases, grants, concessions, permits, patents, and other rights to and interests in the Properties;
(f) maintain accounts in accordance with principles generally accepted in the mining industry in the United States;
(g) perform its duties and obligations in a sound and workmanlike manner, in accordance with sound mining and engineering practices, and in compliance with all applicable federal, provincial, state, territorial, and municipal laws, by-laws, ordinances,...
Appointment of Operator. Owner appoints Operator and Operator hereby accepts appointment as Owner's exclusive agent to manage, operate, supervise, and lease the Property and to perform those actions necessary to fulfill Operator's obligations to the Owner except as provided herein.
Appointment of Operator. (a) The Owners hereby appoint Idaho Power, and Idaho Power hereby accepts appointment, to serve as Operator of the Transmission Facilities and the Common Facilities for the Owners and to perform the other covenants and obligations of the Operator expressly set forth in this Agreement, in accordance with the terms and conditions of this Agreement.
(b) Notwithstanding anything to the contrary contained in this Agreement or Governmental Requirements, the Owners agree that the Operator shall have no obligations, responsibilities or duties to the Owners other than as are expressly provided for in this Agreement.
Appointment of Operator. (a) The Owners hereby appoint PacifiCorp, and PacifiCorp hereby accepts appointment, to serve as Operator of the Transmission Facilities and the Common Facilities for the Owners and to perform the other covenants and obligations of the Operator expressly set forth in this Agreement, in accordance with the terms and conditions of this Agreement.
(b) Notwithstanding anything to the contrary contained in this Agreement or Governmental Requirements, the Owners agree that the Operator shall have no obligations, responsibilities or duties to the Owners other than as are expressly provided for in this Agreement.
Appointment of Operator. (a) The Owners hereby appoint the Party set forth in column M of Exhibit C as the Operator of each of the Transmission Facilities associated with the Party’s name on Exhibit C, and the Party hereby accepts appointment, to serve as the Operator and to perform the other covenants and obligations of the Operator expressly set forth in this Agreement, in accordance with the terms and conditions of this Agreement.
(b) Each of the Owners hereby authorizes the Operators to utilize its Common Equipment and wholly-owned Transmission Facilities to support the operation of the Transmission Facilities in accordance with the terms of this Agreement.
(c) Notwithstanding anything to the contrary contained in this Agreement or Governmental Requirements, the Owners agree that the Operators shall have no obligations, responsibilities or duties to the Owners other than as are expressly provided for in this Agreement.
Appointment of Operator. 0000000 is appointed Operator, as between 0000000 and Cascade, with respect to all operations conducted hereunder.
Appointment of Operator. CLGL and/or its Affiliates shall act as operator of the Property (the “Operator”) during the Option Period and thereafter. The Operator shall be exclusively responsible, in consultation with Mexivada, for carrying out and administering exploration, development and mining work on the Property (the “Exploration Program”). As Operator and subject to the Surface Rights Agreement, CLGL and/or its Affiliates shall have the exclusive right to enter upon, explore, develop and mine the Property, to permit any other Agents as it may in its sole discretion decide, to enter on or conduct operations on the Property and to have possession of the Property with the power and authority to sample, extract, diamond drill, prospect, explore, develop and mine the Property in such manner as CLGL and/or its Affiliates may determine, in consultation with Mexivada, including without limitation, the right to erect, bring and install thereon all buildings, machinery, equipment and supplies as CLGL and/or its Affiliates shall deem necessary and proper and to remove therefrom quantities of ores, minerals or metals for assay and testing purposes and, at the time production begins, for production and sale.
Appointment of Operator. The COMPANY hereby appoints PACIFIC DRILLING as operator of the Rig with effect from the commencement of this Agreement under Section 9.01 according to the conditions and during the term hereof. As operator PACIFIC DRILLING shall, subject to the terms of this Agreement, provide the services set out in Section 3 hereof, all such services hereafter being sometimes referred to as the “Work”, which expression shall also include action taken pursuant to Section 4.04 (Emergency Action). For as long as this Agreement remains in full force and effect, PACIFIC DRILLING shall not resign from its appointment as operator hereunder.
