O&M Agreement. The term O&M Agreement means that Operation and Maintenance Agreement between WBI, Transporter, and Black Hills Power, Inc., dated August 25, 2005, pursuant to which WBI operates and maintains the Gas Line, including any extensions or renewals thereof.
O&M Agreement. The Parties agree to negotiate in good faith to finalize by the Document Completion Date, and prior to the Closing Date execute and deliver an agreement (“O&M Agreement”) for the performance by an Affiliate of Ashtabula III (“O&M Provider”) of certain operation and maintenance services (“O&M Services”) for the Ashtabula III Project as described in Schedule B attached hereto. The O&M Agreement shall be in substantially the same form as that which was entered into by FPL Energy Operating Services, Inc. and OTP, effective as of October 9, 2008 (as amended and/or restated as of the Effective Date, the “Ashtabula I O&M Agreement”), and shall contain the following terms and conditions:
O&M Agreement. Borrower will maintain in conformity with all applicable laws, rules and regulations any asbestos-containing materials located in any of the Properties and will upon fifteen (15) days written request of Lender, execute and deliver to Lender the O&M Agreement.
O&M Agreement. The Companies shall enter into the O&M Agreement on or prior to the date that is twelve (12) months after to the date of the first Disbursement.
O&M Agreement. Nothing in these Purchase and Sale Terms shall modify, limit or otherwise affect the obligations of UI under the O&M Agreement with respect to the retirement, in whole or in part, of any UI Assets.
O&M Agreement. The effectiveness of this Agreement shall be temporarily suspended during any period in which the O&M Agreement for the UI Assets remains in effect.
O&M Agreement. From and after the Sixteenth Amendment Effective Date, the Administrative Agent shall have received a duly executed operations and maintenance agreement (however titled) by and between the Project Company and an operator reasonably satisfactory to the Administrative Agent, in form and substance satisfactory to the Administrative Agent. US-DOCS\150507763.9 Bakersfield Refinery – Senior Credit Agreement |US-DOCS\150507763.15||
O&M Agreement. Any O&M Agreements required by Mortgage Lender are in full force and effect and there is no default under any such agreement by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default under any such agreement.
O&M Agreement. Parent shall perform certain repair obligations and other services with respect to the Carveout Assets and the Q4 Assets pursuant to one or more agreements (jointly, the "O&M Agreements") between Parent and TERP, which shall be entered into concurrently with the Closing and be consistent with the terms set forth on Exhibit A attached hereto.
O&M Agreement. (a) The parties acknowledge and agree that terms and conditions contained in the Ground Lease, the Master Lease and the SNDA relate to the Sublease Premises and occupancy, use, operation, maintenance and repair thereof, including the 5,000 square foot area student services shared space constituting a portion of the Sublease Premises, and that the purpose of the O&M Agreement is to set forth the rights and obligations as between Sublandlord and Subtenant with respect to the day-to-day use, operation and maintenance of the Premises and the allocation of the responsibilities as between Sublandlord and Subtenant for procurement and performance of services related thereto and the allocation of costs and expenses related thereto in a manner which does not adversely affect the ability of Sublandlord to comply with its obligations under the Master Lease. Notwithstanding anything herein or in the O&M Agreement to the contrary, Subtenant’s payment or failure to pay any amounts hereunder or under the O&M Agreement (including, without limitation Additional Rent and Base Sublease Rent, subject to the terms of the SNDA), or its performance or failure to perform any obligations under this Sublease or under the O&M Agreement, shall in no way affect, reduce or diminish Sublandlord’s covenants, agreements and obligations under the Master Lease.
