Authority of Operator. (a) The Operator shall be responsible in all respects for the construction of the Jointly-Developed Transmission Facilities and the operation and maintenance of the Transmission Facilities and the Common Facilities in accordance with Article III and Articles V-X. Without limiting the foregoing, the Operator shall supervise and perform, or cause to be supervised and performed: (i) the construction of the Jointly-Developed Transmission Facilities in accordance with Article III and this Article V, (ii) the physical operation and maintenance of, interconnection to, design of, capital upgrades and improvements to, repair and reconstruction of, and retirement and decommissioning of, the Transmission Facilities in accordance with this Article V and Articles VI-X, and (iii) the physical operation and maintenance of the Common Facilities in accordance with Section 6.04. In the performance of its obligations under this Agreement, the Operator shall have authority, subject to the other terms of this Article V and Article III and Articles VI-X, to take any or all of the actions it reasonably determines are necessary to perform its obligations under this Agreement, including to make decisions on all matters relating to and to contract for, select and purchase on behalf of the Owners all materials, equipment and services (including from third-party consultants and advisors) necessary for: (A) the engineering, design and construction of the Jointly-Developed Transmission Facilities pursuant to Article III, (B) the physical operation and maintenance of the Transmission Facilities pursuant to Article VI; (C) the interconnection of Interconnection Customers to the Transmission Facilities pursuant to Section 6.03; (D) the development, design, engineering, procurement, construction, permitting, completion, testing and commissioning of capital upgrades or improvements to the Transmission Facilities pursuant to Article VII; (E) the development, design, engineering, procurement, construction, permitting, completion, testing and commissioning of repairs to and reconstruction of the Transmission Facilities pursuant to Article VIII; and (F) the retirement and decommissioning of the Transmission Facilities pursuant to Article IX.
(b) The Owners and the Operator agree that title to all Jointly-Developed Transmission Facilities and capital upgrades and improvements constructed by or on behalf of the Operator pursuant to Section 6.01 shall vest with the Owners and shall be jointly owne...
Authority of Operator. Subject to this Agreement, the Operator will have:
(1) full physical possession and control of the Assets of the Company and all powers and authorities necessary or desirable to enable the Operator to carry out or procure the carrying out of all Operations; and
(2) without limiting section 6.4(1), the sole and exclusive right to:
(a) enter in, under or upon the Property and to conduct the Operations and related activities on the Property;
(b) exclusive and quiet possession of the Property;
(c) bring upon and erect upon the Property buildings, plant, machinery and equipment as the Operator may deem advisable;
(d) remove from the Property and dispose of, reasonable quantities of ores, minerals and metals for the purpose of obtaining assays or making other tests; and
(e) do such prospecting, exploration, development or other mining work on and under the Property as contemplated by an Approved Program.
Authority of Operator. The Operator has full power, authority and legal right to enter into this Agreement, to perform its obligations hereunder and to conduct the TK Business.
Authority of Operator. Owner hereby authorizes Operator to do on behalf of Owner, in Owner’s name, all things which are necessary, proper or desirable to perform the obligations of Owner under the Facility Documents, subject to any covenant or other restriction applicable to Owner or Operator under this Agreement, the LLC Operating Agreement or any Facility Document.
Authority of Operator. (a) Subject to the limitations set forth in Articles IV-VIII, each Operator shall be responsible in all respects for the Transmission Facilities and Common Equipment for which it is the Operator in accordance with the terms and conditions of this Agreement. Without limiting the foregoing, each Operator shall supervise and perform, or cause to be supervised and performed, the physical operation and maintenance of, interconnection to, design of, capital upgrades and improvements to, repair and reconstruction of, security of, outage restoration of, and retirement and decommissioning of, the Transmission Facilities and Common Equipment it is responsible for in accordance with this Article IV and Articles V-VIII. In the performance of its obligations under this Agreement, each Operator shall have authority, subject to the other terms of this Article IV and Articles V-IX, to take any or all of the actions it reasonably determines are necessary to perform its obligations under this Agreement.
(b) The Owners and the Operators agree that title to all capital upgrades and improvements to the Segments and Common Equipment constructed by or on behalf of the Operators pursuant to Articles V and VI shall vest with the Owner or Owners of such Segments or Common Equipment in accordance with their respective Ownership Interests in such Segments or Common Equipment, and, in the case of jointly-owned Segments, shall be jointly owned by the Owners as tenants-in-common in accordance with their respective Ownership Interests in the jointly-owned Segments.
(c) Each Operator will exercise or enforce all of the benefits, rights and remedies under the Transmission Facilities Contracts for the benefit of the Owners without adverse distinction between the Owners. In furtherance and not in limitation of the immediately preceding sentence, and except as otherwise provided in Section 9.5 with respect to electric losses, each Operator agrees to transfer, assign, distribute, pay over or otherwise make available to the Non-Operating Owner, the Non-Operating Owner’s Pro Rata Share (based on its respective Ownership Interest(s), if any) of any payments or proceeds obtained pursuant to any Transmission Facilities Contract. Notwithstanding anything to the contrary contained in this Agreement, the Owners agree that only the Operators shall be entitled to exercise or enforce the benefits, rights and remedies under the Transmission Facilities Contracts.
Authority of Operator. Except as otherwise specifically set forth in this Agreement, (i) the management and operation of the Hotel shall be under the exclusive supervision and control of Operator which shall be responsible for the proper and efficient operation of the Hotels, and (ii) Operator shall have reasonable discretion and control, free from unreasonable interference, interruption or disturbance, in all matters relating to management and operation of the Hotels.
Authority of Operator. 9.1. In all matters relating to this agreement all acts, deeds, matters and things of whatever nature or kind required to be done, signed and / or presented, as the case may be, and all appointments required to be made shall be made as the case may be, shall be done, signed, presented and/ or made by the OPERATOR for and /or on behalf of the SELLERS and all parties constituting the SELLERS any such act, deed, matter or thing, signed, made, done or presented or any such appointment made shall be binding upon the persons/ companies constituting the SELLERS and their successors and assigns in the same manner and to the same extent as if done by them and each of them individually with the intent that BUYER shall deal with the OPERATOR as the sole authorized representative of the SELLERS for the purposes of this agreement. This authority shall not be subject to revocation except by writing issued by all parties constituting the SELLERS.
Authority of Operator. Subject to this Agreement, the Operator, will have:
(a) full physical possession and control of the New Projects and all powers and, subject to Section 5.5(a), authorities necessary or desirable to enable the Operator to carry out or procure the carrying out of all Operations; and
(b) without limiting Section 5.4(a), the sole and exclusive right to:
(i) enter in, under or upon the New Projects and to conduct the Operations and related activities on the New Projects;
(ii) exclusive and quiet possession of the New Projects;
(iii) bring upon and erect upon the New Projects buildings, plant, machinery and equipment as the Operator may deem advisable;
(iv) remove from the New Projects and dispose of, reasonable quantities of ores, minerals and metals for the purpose of obtaining assays or making other tests; and
(v) do such prospecting, exploration, development or other mining work on and under the New Projects as contemplated by an Approved Program.
Authority of Operator. Subject to the provisions of this Agreement, and the Budget for the Project, Operator shall have the right and all necessary authority, in the name and on behalf of Owner, to enter into any and all contracts with Persons selected by it, and to otherwise take such necessary or appropriate actions in connection with (a) the design and development of the Project, all in accordance with the Budget and in all material respects with the Schedule and the Plans and Specifications, and (b) this Agreement, and the performance and construction of the work encompassed within the aforementioned documents.
Authority of Operator. Subject to compliance (except where such compliance is specifically excused hereunder) with the Minimum Standard, the Operating Criteria, the Membership Marketing Plan and each applicable Annual Plan and Approved Budget (as such terms are hereinafter defined), the Operator is hereby authorized, directed and required to take all actions necessary to operate the Club in accordance with the Minimum Standard, including, without limitation, the following actions:
(i) Determine, in a manner consistent with the Membership Marketing Plan, all terms for admittance and charges for membership, guests, commercial space and other amenities and services provided at or with respect to the Club and establish entertainment policies (including pricing) with respect to the Club and implement the Membership Marketing Plan;
(ii) Determine all credit policies with respect to the operation of the Club, including entering into policies and agreements with credit card organizations;
(iii) Determine all labor policies, including wage and salary rates and terms, fringe benefits, pension, retirement, bonus and employee benefit plans, collective bargaining agreements (provided, however, that no collective bargaining agreements, pension or retirement plans concerning all or some of the employees of the Club shall be executed unless and until Owner has approved of same in its reasonable discretion, after full disclosure of all material terms to Owner) and hiring or discharge of all employees with respect to the Club, subject to Owner's right to approve the general manager of the Club;
(iv) Arrange in Operator's name (or in the name of a Permitted Assignee (as such term is hereinafter defined)) for utility, telephone, vermin extermination, trash removal and other necessary services for the Operation of the Club;
(v) Establish all advertising, public relations and promotional policies with respect to the Club, including all paid advertising, press releases and conferences and complimentary policies; provided, however, that if, and to the extent, any such materials or policies constitute a material or substantial variance from, or are inconsistent in any material respect with, the applicable Membership Marketing Plan, or involve the use of the name or trademarks of either Owner or Hotel Operator, then, in each such case, Operator shall give Owner at least ten (10) business days prior notice of its intention to implement such policy or distribute or publish such materials (including a copy ...
