Instruments in the Name of Operator Sample Clauses

Instruments in the Name of Operator. Except as otherwise provided herein, any instrument or document entered into by the Operator pursuant to and in compliance with this Agreement, to the extent that it deals with assets, liabilities or other rights or obligations of the Company directly related to the Pilot Mine Program, complies with Section 4.5(b) (Authorization; Expenditure Cap) and states it is entered into in the name of the Operator as agent of the Company, shall be considered an instrument or document entered into by the Operator as agent for the Company. Any such instrument or document shall be valid and binding upon the Company as if it had been signed in the name of the Company. The Company shall have the right, either in its own name or through the Operator, to enforce any performance due under such instruments or documents from any third party. Notwithstanding the other provisions of this Article 2 (DUTIES AND POWERS OF OPERATOR), the rights and obligations of the Operator under the following instruments and documents shall remain with the Operator: (i) this Agreement; (ii) any instrument or document which primarily deals with the relationship between the Operator and its employees; (iii) any instrument or document related to the Pilot Mine Program which fails to state that the Operator is entering into such instrument or document as agent for the Company; and (iv) any instrument or document entered into by the Operator that does not directly relate to the Pilot Mine Program.
Sample 1
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Instruments in the Name of Operator. Except as otherwise provided herein, any instrument or document, to the extent that it deals with assets, liabilities or other rights or obligations of the Company and which is entered into in the name of the Operator (or Operator’s Affiliate) pursuant to and in accordance with the terms of this Operating Agreement, shall be considered an instrument or document entered into by the Operator (or Operator’s Affiliate) as agent for the Company. Any such instrument or document shall be valid and binding upon the Company as if it had been signed in the name of the Company. The Company shall have the right, either in its own name or through the Operator (or the Operator’s Affiliate), to enforce any performance due under such instruments or documents from any third party. Notwithstanding the other provisions of this Article 2 (DUTIES AND POWERS OF OPERATOR), the rights and obligations of the Operator under the following instruments and documents shall remain with the Operator (or Operator’s Affiliate): (i) this Operating Agreement; (ii) any instrument or document which primarily deals with the relationship between the Operator and Operator Personnel; (iii) any instrument or document which expressly states that the Operator is not entering into such instrument or document as agent for the Company; and (iv) any instrument or document entered into by Operator that is outside of the scope of this Operating Agreement.
Sample 1

Related to Instruments in the Name of Operator

  • 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.

  • Statement of Operations Statement of Changes in Net Assets.

  • 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.

  • Change of Operations Uniforms To: Members of Local Union 295 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not op- erationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:

  • Duties of Operator Operator shall perform all required testing of Manufacturer’s Bus in accordance with the FTA Regulations and the established testing procedures used at the bus testing facility and provided to Manufacturer which procedures are attached hereto marked Exhibit “A” and incorporated herein by this reference.

  • List of Operator’s Subprocessors [Box 26] [Box 27] [Box 28] [Box 29]

  • 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.

  • Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.

  • Certificate of Operating Authority A certification by the State Commission that CLEC has been authorized to operate within the State as a provider of local Telephone Exchange Services within CenturyLink’s local service area; in many states this certification is known as a Certificate of Public Convenience and Necessity. CIC: An acronym for Carrier Identification Code. CLASS: An acronym for Custom Local Area Signaling Services. CLASS is based on the availability of Common Channel Signaling (CCS). CLASS consists of number- translation services such as call-forwarding and caller identification, available within a local exchange. CLASS is a service mark of Bellcore, now Telcordia. CLEC Profile: A CenturyLink form required to be completed and submitted to CenturyLink by any Telecommunications Carrier requesting to interconnect or exchange traffic with CenturyLink’s network, requesting unbundled access to CenturyLink’s Network Elements, or the ability to initiate any order submission to CenturyLink. Among other things, a Telecommunication Carrier is required to provide CenturyLink, on the CLEC Profile, the following: its Operating Company Number (OCN), Company Code (CC), and Access Carrier Name Abbreviation (ACNA). CLLI Codes: Common Language Location Identifier Codes. Collocation: An arrangement whereby a requesting Telecommunications Carrier may locate equipment necessary for Interconnection or access to Unbundled Network Elements at CenturyLink Central Offices for the purposes of interconnecting with CenturyLink’s network or for accessing CenturyLink’s Unbundled Network Elements pursuant to the Interconnection obligations under the Act as codified in 47 C.F.R. §51. Commingle: The act of Commingling. Commingling: The connecting, attaching, or otherwise linking of an unbundled Network Element, or a combination of unbundled Network Elements, to one or more facilities or services that CLEC has obtained at wholesale from CenturyLink or the combining of an unbundled Network Element, or a combination of unbundled Network Elements with one or more such facilities or services. Commission: The State Public Service or Public Utility Commission, as applicable. Common Channel Signaling (CCS): A high-speed, specialized, packet-switched communications network that is separate (out-of-band) from the public packet-switched and message networks. CCS carries addressed signaling messages for individual trunk circuits and/or database-related services between Signaling Points in the CCS network using SS7 signaling protocol. Common Transport: An interoffice transmission path between End Office Switches, between End Office Switches and Tandem Switches and between Tandem Switches in CenturyLink’s network. Common Transport paths/Common Tandem Trunks are shared between multiple customers and are required to be switched at the Tandem Switch. Company Identifier or Company ID: A three to five (3 to 5) character identifier that distinguishes the entity providing voice service (e.g. wireline, wireless, VoIP, etc.) to the End User. The Company Identifier registry is maintained by NENA in a nationally accessible database. Competitive Local Exchange Carrier (CLEC): As defined in 47 U.S.C. §153, authorized to provide Telephone Exchange Services or Exchange Access Services in competition with an ILEC.

  • Name and address of the contractor Cenergist 0 Xxxxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx W1T 2HX Country United Kingdom NUTS code UK - United Kingdom The contractor is an SME Yes

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