During the Operating Period Clause Samples
During the Operating Period. Boise Cascade hereby agrees to defend, indemnify and hold harmless Purchaser and its successors, assigns and affiliates from and against any and all Environmental Liabilities and Costs, resulting from, arising out of or otherwise relating to:
(a) Any misrepresentation or breach of warranty, agreement or undertaking hereunder on the part of Boise Cascade, and any undertaking or other agreement or obligation hereunder;
(b) All penalties and fines and the costs of defending, settling, or otherwise disposing of such actions resulting from Boise Cascade's operation of the Business prior to Closing due to violation of Environmental Laws and all laws relating to endangered or threatened species of fish, wildlife, and plants and the management or use of natural resources; or
(c) Any Release of Hazardous Material that occurred during the Operating Period.
During the Operating Period the Concessionaire shall provide the necessary security and fare inspection services and make all necessary arrangements to ensure:
(a) the protection of the Concessionaire-operated Components from damage; and
(b) the protection of the safety and security of all Passengers and staff on the Concessionaire- operated Components, in each case in accordance with the requirements of the O&M Specifications and all Applicable Requirements. Advertising and non-Passenger Derived Revenue
(a) RTD shall have all rights relating to advertising on the Concessionaire-operated Components (including the right to sell advertising space on the Rolling Stock and elsewhere on the Concessionaire-operated Components) and the Concessionaire shall cooperate and grant all necessary access to RTD and any third party authorized by RTD in connection with RTD's exercise of its rights relating to advertising. RTD shall pay to the Concessionaire the reasonable costs and expenses which are incurred directly by the Concessionaire in installing and/or maintaining the said advertising (other than routine maintenance).
(b) The Concessionaire will not engage in any business other than the performance of its obligations under this Agreement or, except as may be necessary to enable the Concessionaire to comply with its obligations under this Agreement, permit anyone else to operate any business on the Concessionaire-operated Components, any Site or any adjacent area, including (i) the sale of products or services, (including any newsstand or concession stand for the sale of food, beverages or gifts or other retail or rental services); or (ii) the sale or rental of any wire, cable, transmission or receiving device or any other utility on, or transmission or receipt of any electronic communication to or from, any part of the Concessionaire-operated Components. Promotion of the Commuter Rail Services
During the Operating Period the Concessionaire shall comply with and shall ensure that the Project Contractors, and each of their Subcontractors, complies with the requirements of Sections 2 and 4 of Part B (Disadvantaged and Small Business Enterprises Programs) of Attachment 15 (Specified Requirements); provided that the Concessionaire shall not be in breach of this requirement if the Concessionaire can demonstrate to RTD's reasonable satisfaction that the Concessionaire, and the Project Contractors, and each of their Subcontractors, has exercised good faith efforts to comply with such requirements. RTD FasTracks Eagle Project Contract No. 18FH012 Concession Agreement Execution Version 140 30. SERVICE PAYMENTS
During the Operating Period. During and After the Operating Period. . . .
During the Operating Period if the Referee Notice is given during the Operating Period, the Referee will be appointed in the following manner: