SERVICES AND RESPONSIBILITIES 2.1 Contractor hereby agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA and completed and completed within that certain number of days from the issuance of a Work Order by the NMCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “
Roles and Responsibilities 1. The Donor States shall make funds available in support of eligible programmes proposed by the Beneficiary State and agreed on by the Financial Mechanism Committee within the priority sectors listed in Article 3.1 of Protocol 38c and the programme areas listed in the Annex to Protocol 38c. The Donor States and the Beneficiary State shall cooperate on the preparation of concept notes defining the scope and planned results for each programme.
Representations and Responsibilities You represent and warrant to us that any information you have given or will give us with respect to this agreement is complete and accurate. Further, you agree that any directions you give us or action you take will be proper under this agreement, and that we are entitled to rely upon any such information or directions. If we fail to receive directions from you regarding any transaction, if we receive ambiguous directions regarding any transaction, or if we, in good faith, believe that any transaction requested is in dispute, we reserve the right to take no action until further clarification acceptable to us is received from you or the appropriate government or judicial authority. We will not be responsible for losses of any kind that may result from your directions to us or your actions or failures to act, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act. We will not be responsible for any penalties, taxes, judgments, or expenses you incur in connection with your IRA. We have no duty to determine whether your contributions or distributions comply with the Code, regulations, rulings, or this agreement. We may permit you to appoint, through written notice acceptable to us, an authorized agent to act on your behalf with respect to this agreement (e.g., attorney-in-fact, executor, administrator, investment manager), but we have no duty to determine the validity of such appointment or any instrument appointing such authorized agent. We will not be responsible for losses of any kind that may result from directions, actions, or failures to act by your authorized agent, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act by your authorized agent. You will have 60 days after you receive any documents, statements, or other information from us to notify us in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If you do not notify us within 60 days, the documents, statements, or other information will be deemed correct and accurate, and we will have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this agreement we are acting as your agent. You acknowledge and agree that nothing in this agreement will be construed as conferring fiduciary status upon us. We will not be required to perform any additional services unless specifically agreed to under the terms and conditions of this agreement, or as required under the Code and the regulations promulgated thereunder with respect to IRAs. You agree to indemnify and hold us harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs, and expenses, including attorney’s fees arising from or in connection with this agreement. To the extent written instructions or notices are required under this agreement, we may accept or provide such information in any other form permitted by the Code or applicable regulations including, but not limited to, electronic communication.
Rights and Responsibilities of the Parties 3.1. The Bank is liable to:
MANAGEMENT RIGHTS AND RESPONSIBILITIES The Employer through its designated management personnel or agents has the right and responsibility, except as expressly modified by this Agreement, to control, change, and supervise all operations and to direct and assign work to all working forces. Such rights and responsibilities shall include by way of illustration but shall not be limited to: the selection and hiring, training, discipline and discharge, classification, reclassification, layoff, promotion and demotion or transfer of employees; the establishment of work schedules; the allocation of all financial and other resources; the control and regulation of the use of all equipment and other property of the Employer. The Employer shall determine the methods, technological means and qualifications of personnel by and for which operations are to be carried out. The Employer shall take whatever action as may be necessary to carry out its rights in any emergency situation. Application of this Article shall not preclude the use of the grievance procedure as established in this Agreement.
SCOPE OF WORK AND RESPONSIBILITIES 1. Interconnection Customer’s Scope of Work and Responsibilities The Interconnection Customer shall be responsible for the procurement, engineering and construction of the Interconnection Customer’s Interconnection Facilities and the Connecting Transmission Owner’s Interconnection Facilities. The Interconnection Customer will design and construct the Interconnection Customer’s Interconnection Facilities and Connecting Transmission Owner’s Interconnection Facility in accordance with the applicable requirements of Connecting Transmission Owner, as set out in the Connecting Transmission Owner’s Bulletin 86-01, to the extent not inconsistent with the terms of this Agreement or the NYISO OATT. To the extent not inconsistent with the terms of this Agreement or the NYISO OATT, Interconnection Customer will: • Provide the engineering and design resources to develop complete construction drawings for the new 34.5kV terminal within Connecting Transmission Owner’s Bennington Substation according to current Connecting Transmission Owner standards; • Perform all necessary technical and environmental studies required for the Interconnection Facilities per Connecting Transmission Owner standards; • Procure all Substation Protection & Control equipment required for the Interconnection Facilities per Connecting Transmission Owner standards; SERVICE AGREEMENT NO. 2526 • Provide the substation construction resources to construct the new 34.5kV terminal including but not limited to the installation of two additional bay structures along with two, three phase 34.5kV circuit breakers and associated motor operated disconnect switches which will be added to each of the incoming line terminals from Cowlesville and Wales Center Substation. The incoming line for Niagara Solar project will require the addition of one, three phase 34.5kV circuit breaker and associated motor operated disconnect switches. In addition to the 34kV circuit breaker and associated switches structures, bus, control cables, protection and control equipment, primary metering equipment, SCADA, etc. within the Connecting Transmission Owner’s Bennington Substation; • Complete testing and commissioning of the new construction of Interconnection Facilities per Connecting Transmission Owner standards; • Complete the Inspection Form included in the Connecting Transmission Owner’s Final Technical Review for the Niagara Solar Project; • Notify Connecting Transmission Owner at least two weeks in advance of commissioning; • Provide certified test reports prior to commissioning per Connecting Transmission Owner standards; • Provide a contact person for local Connecting Transmission Owner Operations; and • Design and install the solar equipment. All project engineering and design work related to the interconnection at Connecting Transmission Owner’s Bennington Substation shall be per Connecting Transmission Owner’s current standards. All of Interconnection Customer’s engineering and design project documentation shall be approved by Connecting Transmission Owner. The work at the Bennington Substation for the Small Generating Facility shall be per the Connecting Transmission Owner’s standards and under the supervision of Connecting Transmission Owner’s Field Construction Manager (“FCM”). A list of engineering contractors and substation construction contractors currently approved by the Connecting Transmission Owner is available. However, the Interconnection Customer may propose an alternate engineering contractor and/or substation construction contractor for review and acceptance by the Connecting Transmission Owner.
Union Rights and Responsibilities 5:01 The Union shall notify the Employer in writing of the appointment of Shop Stewards, who shall be qualified tradesmen, and preference shall be given to appointing only those Employees of long term standing.
RESTRICTIONS AND RESPONSIBILITIES 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
