Management and Operation. 6.01 Management of Partnership Affairs 16 6.02 Duties and Obligations of General Partner 17 6.03 Release and Indemnification 17 6.04 Power of Attorney 18
Management and Operation. A. The Choate Team will:
1. Establish a Project Safety Leadership Team (SLT), consisting of a representative of all primary trades active on site. This team will proactively Identify, communicate, and pre-plan hazardous activities as a team throughout all phases of construction, ensuring everyone returns home safely at the end of each day to their loved ones. This action will be accomplished by implementing the Choate Team's Safety Vision through a comprehensive safety and health management system, which includes:
a. Management commitment and employee involvement;
b. Hazard analysis;
c. Hazard control; and
d. Arrangement of training assistance for other stakeholders on site.
2. Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered subcontractors that work on the site.
3. Where the potential for airborne silica exposure exists, require the use of wet cutting, or soft cutting techniques and/or dust collection system, and when needed, the mandatory use of approved respiratory protection. We will be using Table 1 of 29 CFR Part 1926.1153 where applicable. Exposure Control Plans and monitoring programs will be in writing and on site for each contractor performing work that would expose themselves to airborne silica.
4. This enforcement authority includes holding contractors and employees accountable for following safety rules and regulations and, if necessary, removing contractors' employees and supervisors from the job site, following proper disciplinary procedures.
5. Ensure that a competent person completes an Activity Hazard Analysis (AHA) for all focus four (4) (fall, struck-by, caught-between, and electrocution) hazards. The probability and severity of occurrence for each identified hazard will be evaluated to eliminate or reduce the risk through conventional protection, engineering, or administrative controls to as low a level as possible.
a. Critical risks will not be tolerated. No work will be performed until action is taken to reduce the level of risk to as low as reasonably feasible.
b. Bricklayers performing overhand bricklaying and related work above lower levels must be adequately protected. No "safety monitor" system will be allowed. Additionally, bricklayers must install netting systems for stripping operations.
Management and Operation. OF BUSINESS 7.1 Authority of the General Partner...............................................................26 7.2 Issuances of Additional Partnership Interests..................................................28 7.3 Amendment of Certificate of Limited Partnership................................................29 7.4 Compensation of General Partner or Affiliates..................................................29 7.5 Expenses.......................................................................................29 7.6 Indemnification................................................................................30 7.7 Liability of the General Partner...............................................................31 7.8
Management and Operation. The staff of the PCLC reports to the superintendent. The treasurer reports to the superintendent. The treasurer also has a reporting relationship to the board. The superintendent is the instructional leader and the principal has the responsibility for student discipline and facility issues.
Management and Operation. 4.1 Decisions/Approvals of the Venturers. All decisions or approvals required to be made by the Venturers in relation to the Facility and the Joint Venture shall be made by the Joint Management Team by majority vote, except as otherwise contemplated herein.
Management and Operation. Except as provided in the Facilities Agreement, the Tenant shall keep the Demised Premises and any related improvements in good repair and condition at all times, normal wear and tear excepted, and it will not cause or permit waste to the Demised Premises and shall return the Demised Premises to the Landlord in substantially the same condition as the same were in on the date of execution and delivery hereof.
Management and Operation. In carrying out its obligations under this Agreement with respect to the management of Practice’s practice, WellQuest’s services shall include the duties set forth in this Section 4.3:
Management and Operation of the Partnership -------------------------------------------
Management and Operation. Subject to the terms of this Agreement and the Master Agreement, the control, management and operation of the leases and xxxxx located on the AMI, and the regulation of the flow of gas at the Point of Delivery shall be and remain the exclusive right of Seller including, but not limited to, the drilling of any xxxxx and repair and reworking of old xxxxx; but Seller shall use its reasonable efforts to regulate the flow of gas to meet Buyer's fluctuating requirements. Nothing herein shall require Seller to deliver any volume in excess of Seller's allowable as established by the Jurisdictional Agency.
Management and Operation. The Parties have negotiated a division of responsibilities that is reflected in this Agreement and in the Services to be provided by Manager. Those items, services and responsibilities not included with the Services are and remain the responsibility of Walmart. Manager shall provide the Centers with the services and the Manager Personnel at Manager’s sole expense (the “Services”), which are as follows:
1. Provide licensed and non-licensed retail employees for the Centers and optical laboratory technicians for Manager’s optical laboratories (collectively, the “Manager Personnel”). Manager Personnel will be trained and licensed. If applicable, and appropriately qualified to provide Services to the Centers. Manager shall employ or otherwise retain and shall be responsible for selecting, hiring, training, supervising, and terminating, all management, administrative, technical, clerical, secretarial, bookkeeping, accounting, payroll, billing and collection and other Management Personnel as Manager deems reasonably necessary and appropriate for the operation of the Centers and for Manager’s performance of the Services in accordance with applicable federal and state laws, subject, however, to Regulatory Uncertainty. Manager reserves the right to change the number, composition or employment terms of such personnel in the future at Manager’s discretion. Manager shall maintain personnel records for Manager Personnel that satisfy licensing, accreditation and certification requirements of the Centers;
2. Arrange at its sole expense for all necessary and appropriate continuing education of all Manager Personnel;
3. Arrange and verify annual training for material regulatory compliance issues, including Code of Business Ethics, HIPAA, Medicare and Medicaid billing, fraud, waste and abuse, ethics and safety and furnish copies of such training materials to Walmart within three business days of Walmart’s request. Not less often than annually, Manager shall complete compliance training for Manager Personnel covering the following subjects:
a. Fraud, waste and abuse as required by and in accordance with Centers for Medicare and Medicaid Services requirements and 42 C.F.R. Section 422.503(b)(4)(vi); and
b. The training required by § 6032 of the Deficit Reduction Act of 2005, the Federal False Claims Act including, but not limited to, 31 U.S.C. §§ 3729 through 3733, the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730, the administrative remedies for false claims an...
