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.
Maintenance Responsibilities 42. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway.
Academic Freedom and Responsibility 6.1 The University and United Academics agree that academic freedom is essential to the mission of the University and that providing an environment of free and honest inquiry is essential to its functioning. Nothing contained in this Agreement shall be construed to limit or abridge any individual's right to free speech or to infringe upon the academic freedom of any member of the University community.
Engineer Responsibilities No subcontract relieves the Engineer of any responsibilities under this contract.
Quality Assurance Requirements There are no special Quality Assurance requirements under this Agreement.
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. “
Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following:
PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS The Commissioner reserves the right to investigate or inspect at any time whether or not the Product, services, qualifications or facilities offered by the Bidder/Contractor meet the requirements set forth in the Bid Specifications/Contract or as set forth during Contract negotiations. Contractor shall at all times during the Contract term remain responsible and responsive. A Bidder/Contractor must be prepared, if requested by the Commissioner, to present evidence of legal authority to do business in New York State, integrity, experience, ability, prior performance, organizational and financial capacity as well as where applicable, a statement as to supply, plant, machinery and capacity of the manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the Commissioner determines that the conditions and terms of the Bid Documents, Bid Specifications or Contract are not complied with, or that items, services or Product proposed to be furnished do not meet the specified requirements, or that the legal authority, integrity experience, ability, prior performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.
Tenant’s Responsibilities Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.
SCOPE OF WORK AND RESPONSIBILITIES 1. Interconnection Customer’s Scope of Work and Responsibilities The Interconnection Customer will design, construct, own, operate and maintain the Interconnection Customer’s Interconnection Facilities and Collection Feeder Lines in accordance with the following requirements, to the extent not inconsistent with the terms of this Agreement, the ISO OATT or applicable NYISO Procedures: NYISO requirements, industry standards and specifications, regulatory requirements, the Connecting Transmission Owner’s applicable Connecting Transmission Owner’s Electric System Bulletins (“ESBs”), provided at the following website: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/ProNet/Technical-Resources/Electric- Specifications, the System Protection and Interconnection Customer Attachment Facilities Electric Installation Specification for Xxxxxxxxx Solar Project provided as Appendix C to the Facilities Study for the Small Generating Facility (“Project Specific Specifications”), as such specifications shall be modified as a result of the Interconnection Customer’s post Facilities SERVICE AGREEMENT NO. 2557 Study modifications to the Interconnection Customer’s Interconnection Facilities, and Good Utility Practice. The Interconnection Customer shall submit all engineering design and electrical specifications associated with the Interconnection Customer’s Interconnection Facilities to the Connecting Transmission Owner for its review and acceptance in accordance with the ESBs and Project Specific Specifications. The metering of any redundant or standby station service provisions at the Xxxxxxxxx Solar Collector Substation shall be added in accordance with the Connecting Transmission Owner’s retail tariff, P.S.C. No. 220, and the Connecting Transmission Owner’s ESB 750. As per the Project Specific Specifications, the Interconnection Customer will install the RTU provided by Connecting Transmission Owner in accordance with Connecting Transmission Owner’s ESBs, indoors and within 15 feet of the meter(s), and remote from: • heavy traffic areas, work areas, and loading areas; • heat producing or high electrostatic or electromagnetic field producing equipment; and • station batteries. (Note: If no indoor facility is available, then installation of the RTU and revenue metering equipment in a dedicated, weatherproof, heated cubicle (accessible only to Connecting Transmission Owner) is acceptable.) For the revenue metering, the Interconnection Customer shall install a meter panel in accordance with the Project Specific Specifications, ESB 752 and ESB 750. The Interconnection Customer shall mount the revenue metering CT/PT units, make grounding connections, and complete all primary wiring. The Interconnection Customer shall install the meter socket enclosure near the Connecting Transmission Owner’s RTU in accordance with the Project Specific Specifications. Additional right-of-way (“ROW”) will be required for the construction, operation, and maintenance of the Line 301 Tap and must accommodate the 125’ x 125’ work pads required for the installation of the new structures. The Interconnection Customer is responsible for obtaining the property/easements needed for the Line 301 Tap line, access roads to/from the Line 301 Tap, and work pads, in accordance with the standards set forth in the Connecting Transmission Owner’s Standards and Requirements Relating to Third Party Acquisition and Transfer of Real Property Interests to Niagara Mohawk Power Corporation for Electric Facilities and Survey Specifications (January 2019). The Interconnection Customer is responsible for all permitting. Upon termination of this Agreement, Interconnection Customer shall be responsible for all costs associated with the decommissioning and removal of the Connecting Transmission Owner’s Interconnection Facilities.
