Creation of Operation Plan Sample Clauses

Creation of Operation Plan. Prior to the beginning of the Operational Period, the Management Committee, upon the recommendation and advice of the TWG, shall approve an initial written Management Response and Operation Plan (“Operation Plan”). The Parties recognize that the scope, terms and conditions of the initial Operation Plan will necessarily be based upon the data available at the beginning of the Operational Period. In particular, the Parties recognize that the predictive capabilities of any groundwater or ecological models will improve as data and information is obtained through the development of groundwater over a period of years, and that early warning indicators may need to be refined or amended as this data becomes available. The Parties agree that the Operation Plan shall contain a defined process for the Management Committee to approve, as appropriate, updates to the Operation Plan as necessary to ensure the early warning indicators and management response actions are consistent with the Recitals and Statement of Intent set forth above, and reflect the most current data and analysis available.
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Creation of Operation Plan. Prior to the beginning of the Operational Period, the Management Committee, upon the recommendation and advice of the TWG, shall approve an initial written Management Response and Operation Plan (“Operation Plan”). The Parties recognize that the scope, terms and conditions of the initial Operation Plan will necessarily be based upon the data available at the beginning of the Operational Period. In particular, the Parties recognize that the predictive capabilities of any groundwater or ecological models will improve as data and information is obtained through the development of groundwater over a period of years, and that early warning indicators may need to be refined or amended as this data becomes available. The Parties agree that the Operation Plan shall contain a defined process for the Management Committee to approve, as appropriate, updates to the Operation Plan as necessary to ensure the early warning indicators and management response actions are consistent with the Recitals and Statement of Intent set forth above, and reflect the most current data and analysis available. The Operation Plan shall include: Identification and definition of early warning indicators for effects to hydrologic, biologic and air resources in the Area of Interest; A defined range of specific management response actions designed to avoid the indicated effects; A defined range of specific management response actions designed to minimize the indicated effects; A defined range of specific management response actions designed to mitigate the indicated effects; A process for the TWG and Management Committee to review the early warning indicators when observed, review the criteria, and determine the appropriate management response action; and A defined process to evaluate and monitor the success of all management response actions. Early warning indicators and the range of specific avoidance, minimization and mitigation management response actions identified in the Operation Plan will be based on all relevant and available data. Notwithstanding anything to the contrary contained in this Agreement, nothing contained in the Operation Plan shall mandate or otherwise require that any specific management response action be implemented based upon an early warning indicator or otherwise. The task of initiating any and all management response actions shall be within the sole discretion of the Management Committee. The Parties agree that if, during the Term of this Agreement, the State of ...
Sample 1

Related to Creation of Operation Plan

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Resumption of Operations In the event of action prohibited by Section 1 above, the Union immediately shall disavow such action and request the employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The union, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.

  • CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts Neither of the parties shall utilize any economic sanction to force its position on the other party over any issue. Further, no Employee or group of Employees shall individually or through concerted action, take part in any activity that impedes the operation of the business, except as otherwise authorized by this Agreement. Should any person or group of people participate in any such unauthorized activity, upon notification of such occurrence, the Union or the Company, as the case may be, will direct such person or group of people to resume normal operations and will take effective means to cease the unauthorized conduct. Any employee or group of employees who participate in such unauthorized activity shall be subject to immediate dismissal, unless mitigating circumstances exist that are acceptable to the ERRC. Should either party suffer financial damage as a result of such unauthorized activity, they may pursue compensation for such loss at the arbitration step of the Concern Resolution Process, and the arbitrator shall have full authority to remedy any violation of this Article.

  • Plan of Operations (A) The Company’s complete Plan of Operations shall be submitted to FCIC by April 1 preceding the reinsurance year, unless otherwise authorized by FCIC. The Plan of Operations shall meet the requirements of this Agreement, including, but not limited to, the format and all requirements specified in Appendix II, to be considered a complete Plan of Operations.

  • 311 Plan of Operations For timber sales with 2 or more years between award date and Termina- tion Date, within 60 days of final award of contract, Pur- chaser shall furnish Forest Service a written general Plan of Operations that shall be in addition to the annual Oper- ating Schedule required under B6.31. The Plan of Opera- tions shall set forth planned periods for and methods of road construction, timber harvesting, and completion of slash disposal, erosion control measures, and other contractual requirements. Forest Service written approval of the Plan of Operations is prerequisite to commence- ment of Purchaser’s Operations. Purchaser may revise this Plan of Operations when necessitated by weather, markets, or other unpredictable circumstances, subject to approval of Contracting Officer. In the event of delays be- yond the control of Purchaser that qualify for Contract Term Adjustment, the Plan of Operations shall be ad- justed by mutual agreement to accommodate the ad- justed contract period. B6.312 Plan of Operations for Road Con- struction. Annually, prior to start of construction, Pur- chaser shall submit a supplement to the Plan of Opera- tions that shall include a schedule of proposed progress and a description of planned measures to be taken to provide erosion control for work in progress, including special measures to be taken on any segments of con- struction not Substantially Completed prior to periods of seasonal precipitation or runoff. Purchaser shall submit a revised schedule when Purchaser proposes a significant deviation from the progress schedule. Prior to beginning construction on any portion of Specified Roads identified as sensitive on Plans, Pur- chaser and Forest Service shall agree on proposed method of construction.

  • CONTINUITY OF OPERATIONS (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

  • SUSPENSION OF OPERATIONS Concessionaire shall, at the direction of Department, immediately suspend, delay or interrupt Concessionaire’s operation of all or any part of the Concession Premises for such period of time as Department may determine to be appropriate to protect the Concession Premises and/or public health, safety, and welfare due to the occurrence of hazardous work conditions, emergency conditions, and/or any other cause including, but not limited to, Concessionaire's failure to perform any of the covenants, agreements, and conditions contained in this Agreement on its part to be performed. Concessionaire hereby waives any claim, and Department shall not be liable to any party claiming through Concessionaire, for damages, payment abatement, or compensation as a result of Department's actions under this Paragraph or this Agreement. Department's suspension of Concessionaire's operations shall be in addition to any other right or remedy available by law or in equity.

  • AREA OF OPERATION This agreement shall operate throughout the State of Western Australia.

  • TRANSFER OF OPERATIONS Purchaser shall be entitled to immediate possession of, and to exercise all rights arising under, the Assets from and after the time that the Restaurants open for business on the Closing Date, and operation of the Restaurants shall transfer at such time (the "Effective Time"). Except as expressly provided in this Agreement, all profits, losses, liabilities, claims, or injuries arising before the Effective Time shall be solely to the benefit or the risk of Seller. All such occurrences after the Effective Time shall be solely to the benefit or the risk of Purchaser. The risk of loss or damage by fire, storm, flood, theft, or other casualty or cause shall be in all respects upon Seller prior to the Effective Time and upon the Purchaser thereafter.

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