Development, Review and Finalization Clause Samples

Development, Review and Finalization. The Company shall provide to the Borough a maintenance plan (the “Maintenance Plan”) and an updated operation and maintenance manual (the “Operation and Maintenance Manual”) in accordance with this section. The Company shall provide to the Borough three copies of (1) a draft updated Operation and Maintenance Manual for the Wastewater System within 90 days following the Contract Date for review and comment, (2) a final Operation and Maintenance Manual within 30 days following the receipt of Borough comment, (3) a Maintenance Plan for the Facility at least 30 days prior to the Commencement Date. The Maintenance Plans and the Operation and Maintenance Manuals shall be consistent with the terms and provisions of this Agreement, shall contain a detailed description of the means and methods of properly operating the Wastewater System, and shall document predictive and preventive maintenance procedures, practices and schedules. The Operation and Maintenance Manual shall also address all aspects of process control and unit process operation including start-up, shutdown, troubleshooting and safety, Upset recovery, and mitigative and corrective procedures for reasonably anticipated Uncontrollable Circumstances, for the presence of foaming or Biologically Toxic Substances and for the receipt and treatment of Non-Design Influent. The Company shall review and discuss in good faith with the Borough any aspect of the draft and final Operation and Maintenance Manual and the Maintenance Plan. Neither the review of or comment upon, nor the failure of the Borough to comment upon, the Operation and Maintenance Manual and the Maintenance Plan shall relieve the Company of any of its responsibilities under this Agreement, be deemed to constitute a representation by the Borough that operating the Wastewater System pursuant to the Operation and Maintenance Manual and the Maintenance Plan will cause the Wastewater System to be in compliance with this Agreement or Applicable Law, or impose any liability upon the Borough.