GENERAL OBLIGATIONS OF OPERATOR. 1.1. The OPERATOR shall, undertake the following obligations and undertakings, all of which shall 1.
1. t theThe OPERATOR shall, undertake the following obligations and undertakings, all of which shall be at the sole cost and expense of the OPERATOR:
a. Design the ProJect subject to the approval of CITY to accommodate and fulfill the purpose and intent of this Agreement. OPERATOR is directed to design a ProJect on behalf of CITY which ProJect is to be a first class state-of-the-art outdoor performing arts facility with a capacity of 7,900 permanent seats and additional room to accommodate temporary and berm seating.
b. Obtain, with the approval and cooperation of CITY, all necessary governmental regulatory approvals and authorizations required to permit the development of the ProJect in accordance with the plans at no cost to CITY. OPERATOR shall prepare all plans and specifications for the construction of the Facility and obtain all required building permits for the construction of all improvements specified by the plans and specifications. OPERATOR shall not be charged fees for building permits required and issued by CITY. All plans and specifications shall be subject to review and approval by CITY, and no substantial modification thereto shall be made once-so approved without CITY Council approval which approvals shall not be arbitrarily or capriciously denied. CITY may, at its expense, utilize an outside consultant to review and monitor such plans and specifications including but not limited to structural, electrical, plumbing, etc., and to monitor construction activities for compliance with such Plans. CITY Council review shall be in addition to review and approval by CITY'S building official. It is understood and agreed that CITY'S costs for construction review and monitoring shall be an item eligible for soft cost reimbursement to CITY in the event a bond issue financing mechanism is utilized under Section l.l(d) and Section 29, of this Agreement, to the extent allowed by law.
c. Develop and construct the Facility on a site of up to fifteen (15) acres, the location of which is to be indicated by CITY within thirty (30) days of execution of this Agreement, with the location to be designated within the Site Plan required under Section 1.1(c)(5) below; and to develop and construct all parking areas referenced in Section 7.8 upon an area to be designated in the Site Plan referenced above. Such development and construction shall be in accordance with the...
GENERAL OBLIGATIONS OF OPERATOR. 7.1 Operator shall maintain all Personal Data as strictly confidential and shall not disclose the Personal Data to, or allow access by, any unauthorized third Parties, unless required to do so by mandatory laws applicable to Operator.
7.2 Operator shall notify Responsible Party without undue delay in the event of significant disruptions of the services, of suspected or actual infringements of this Agreement and of any other material irregularity in relation to the Processing of Responsible Party’s Personal Data arising from Operator, its personnel or other third Parties. Operator will without undue delay investigate and rectify any non- compliance. Upon Responsible Party’s request, Operator shall adequately inform Responsible Party with regard to the suspected or actual non-compliance.
7.3 Operator shall notify Responsible Party without undue delay after becoming aware of a Data Breach. The notification shall describe the nature of the Data Breach and include where possible, the categories and approximate number of Data Subjects concerned, and the categories and approximate number of personal data records concerned.
7.4 Operator shall also describe to Responsible Party without undue delay the measures taken or proposed to be taken to address the Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.
7.5 In any event Operator shall take all reasonable measures to secure the Personal Data from any further data breaches of similar nature and limit any adverse effects. Operator shall provide reasonable assistance to Responsible Party to help Responsible Party meet its obligations under the Data Protection Laws to inform Data Subjects and the competent supervisory authorities of a Data Breach.
7.6 Operator shall inform Responsible Party without undue delay if and when the Personal Data of Responsible Party held by Operator is or is likely to become subject to any seizures, enforcement, insolvency measures or any other measures of third Parties. Operator shall inform all relevant third Parties that claim access to, or intent to take possession of, Responsible Party’s Personal Data that Responsible Party is the sole owner of such Personal Data.
7.7 Operator shall inform Responsible Party without undue delay of requests, audits or other enquiries by a supervisory authority or any other authority in relation to Responsible Party’s Personal Data or its Processing by Operator. Operator shall make available to Responsible Party a...
GENERAL OBLIGATIONS OF OPERATOR. For the Term of this Agreement, the Operator will:
3.3.1 provide all Services in accordance with this Agreement, Agreed Procedures, Good Utility Practice and to meet all of the Owner’s obligations pursuant to the terms of the GIA;
3.3.2 provide sufficient resources, and maintain a program of maintenance and funding of such resources, all in accordance with the terms of this Agreement, to enable the Operator to perform its obligations on time and in accordance with this Agreement;
3.3.3 carry out the Services with due care, skill and diligence and in a manner compatible with the Owner’s customary work place, safety and management principles as notified in writing by the Owner from time to time. The Operator acknowledges that it has received the Owner’s current workplace, safety and management principles;
3.3.4 maintain a safe work site at the Common Facility; and
3.3.5 comply with all Applicable Laws.
GENERAL OBLIGATIONS OF OPERATOR. The Operator shall during the Total Term:
(a) Development and Implementation of Project
(i) Investigate, study, develop, design, construct, establish, operate and maintain the Facility, including closure and post closure activities and maintenance, in accordance with the provisions of this Agreement, the terms of Applicable Permits, the Applicable Laws and Good Industry Practice.
(ii) Achieve agreed milestones within the time periods specified in the Project Implementation Schedule set out in Appendix 14 and achieve Construction Completion within 6 (six) months from the Compliance Date; provided that in the event the monsoon season (the months of July to August) falls within the Construction Period, the Construction Period shall be extended by two months i.e. in such event the Construction Period shall be 8 (eight) months from the Compliance Date.
(iii) Operate and maintain the Facility during the Operations Period, including closure and post closure activities and maintenance and contingencies, at its cost and expense in conformity with this Agreement, including but not limited to the Specifications and Standards and Good Industry Practice. The Operator shall, at its cost and risk, ensure the availability and adequacy at all times of the monies in the Operator’s Fund for undertaking closure of the landfills, post- closure maintenance of the Facility and meeting contingencies and shall not be discharged of this obligation for any reason whatsoever, including without limitation inflation.
(iv) Arrange and access at its cost and expense all infrastructural facilities like water, electricity and goods, materials, consumables, things and services etc. as necessary for the implementation of the Project and make arrangements for back-up supply of power.
(v) Be responsible for safety, soundness and durability of the Facility including all structures forming part thereof and their compliance with the provisions of this Agreement, including the Specifications and Standards and Good Industry Practice.
(vi) Demand, charge, collect, retain and appropriate the Tariff from the Users in terms of Section 11. 3 (a).
(vii) In the event the Operator does not execute the Works or maintain and/ or repair and/or replace the Project/Facility or part thereof in accordance with the provisions of this Agreement, including the Specifications and Standards, and fails to commence remedial works within 30 (thirty) days of the Company’s notice in this behalf, the Company shall, without ...
GENERAL OBLIGATIONS OF OPERATOR. If this Agreement terminates -------------------------------- pursuant to Article 7.1 by reason of Lessee's insolvency, pursuant to Article 7.2 by reason of a breach by Lessee or if Lessee elects to terminate this Agreement pursuant to Article 7.3 or Article 11.3, Operator shall, at Lessee's request and expense, which expense Operator shall use its reasonable efforts to minimize, assist in an orderly turnover of the Facility, and, without limiting the generality of the foregoing, shall perform the following relative to the Work so affected:
(a) assist Lessee in preparing an inventory of all Facility Equipment, Spare Parts, Facility Tools and Consumables in use or in storage at the Site;
(b) assign to Lessee all subcontracts and other contractual agreements as may be designated by Lessee to the extent Operator is not contractually prohibited from making such assignment;
(c) assist Lessee in training Operator's successor, if any; and
(d) to the extent specified and requested by Lessee, remove from the Site all such Facility Equipment, Spare Parts, Facility Tools and Consumables, and all Hazardous Materials introduced to or produced at the Site by Operator and all rubbish. If this Agreement terminates pursuant to Article 7.1 by reason of Operator's insolvency or pursuant to Article 7.2 by reason of a breach by Operator, Operator shall perform the same turnover services without charge to Lessee.
GENERAL OBLIGATIONS OF OPERATOR a) Subject to and terms and conditions of this Agreement, the Operator at its cost and expense shall undertake survey, Engineering, procurement, construction, installation, electrical fittings, fire fighting , plumbing work and maintenance of the Project and fulfil and comply with all obligations set out in the Agreement Conditions, Scope of Work, BoQs, Technical Specifications and Drawings.
b) Comply with applicable laws and permits in performance of its obligations during Construction and Defect Liability Period cum Maintenance Period.
c) Performance of all obligations under this Agreement in accordance with the Technical Specifications, Contract Conditions, Good Industry Practice and as a reasonable and prudent person.
d) Ensure Sub-Contractor executes the Work as per the provisions and requirements of the this Agreement.
e) The Operator shall remedy all loss or damage to the Project or Material to be incorporated in the Project from the Start Date till the end of the Defect Liability Period cum Maintenance Period at Operator’s cost if such loss or damage is attributable to the Operator’s acts or omissions.
f) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Operator’s obligations under this Agreement.
g) Operator shall not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.
h) Operator shall support, cooperate with Authority and facilitate the Authority in the implementation and maintenance of the Project in accordance with the provisions of this Agreement.
i) The Operator should take up the Works as decided by the Authority to ensure there is least hindrance to the smooth flow of traffic including movement of vehicles till the completion of the Works.
j) Operator shall take insurance policies of Works, Plant& Materials, its employees and Third party insurance as per the provision of this Agreement.
k) The Operators shall also give a list of machineries in his possession and that he proposes to use the work.
l) The Operator is responsible for safety of its people deployed on Project. He shall have to arrange for the supply of gumboots, Hand gloves, mask etc. invariably to the laborers/workers engaged by the Operator on asphalt work.
m) The Operator shall deploy adequate and good quality of equipments required for maintenance of road. It also has to abide by the direction of Authority during the work.
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