Common use of Operating and Maintenance Instructions Clause in Contracts

Operating and Maintenance Instructions. ‌ (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller shall deliver to Buyer’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment may be safely commissioned and Buyer’s personnel properly trained pursuant to Section 7.11 (“Training”). Seller shall, at its sole cost and expense, continuously update such manuals so that, as of the Closing Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within three (3) months of the scheduled Closing Date, Seller shall supply to Buyer three (3) copies of final operation and maintenance manuals and drawings of the Work as- built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work. (c) All operating and maintenance manuals and drawings of the Work as-built shall be in such detail as will enable Buyer to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. Where the employment of Seller is terminated for default or in the case of Seller’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Date, Seller shall provide to Buyer such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer to complete, use and maintain the Work. (d) The provision by Seller of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section shall be identified as a Milestone in Appendix C and the provisions of article 10 (“Project Schedule”) shall apply.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Operating and Maintenance Instructions. (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller shall deliver to Buyer’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment may be safely commissioned and Buyer’s personnel properly trained pursuant to Section 7.11 (“Training”). Seller shall, at its sole cost and expense, continuously update such manuals so that, as of the Closing Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within three (3) months of the scheduled Closing Date, Seller shall supply to Buyer three (3) copies of final operation and maintenance manuals and drawings of the Work as- built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work. (c) All operating and maintenance manuals and drawings of the Work as-built shall be in such detail as will enable Buyer to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. Where the employment of Seller is terminated for default or in the case of Seller’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Date, Seller shall provide to Buyer such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer to complete, use and maintain the Work. (d) The provision by Seller of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section shall be identified as a Milestone in Appendix C and the provisions of article 10 (“Project Schedule”) shall apply.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement

Operating and Maintenance Instructions. (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller Developer shall deliver to BuyerPacifiCorp’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment Facility, including the Equipment, may be safely commissioned and BuyerPacifiCorp’s personnel properly trained pursuant to Section 7.11 (“Training”)7.10. Seller Developer shall, at its sole cost and expense, continuously update such manuals so that, as of three (3) months prior to the Closing scheduled Substantial Completion Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within Not less than three (3) months of prior to the scheduled Closing Substantial Completion Date, Seller Developer shall supply to Buyer PacifiCorp three (3) copies of final operation and maintenance manuals, startup and shutdown manuals and the then current drawings of the Work as- as-built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work., in accordance with Appendix F and Appendix G. (c) All operating and maintenance manuals, startup and shutdown manuals and drawings of the Work as-built shall be in such detail as will enable Buyer PacifiCorp to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. , as described in Appendix F and Appendix G. Where the employment of Seller this Agreement is terminated for default or in before the case Substantial Completion Date (other than as a result of Seller’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Datea PacifiCorp Default), Seller Developer shall provide to Buyer PacifiCorp such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer PacifiCorp to complete, use and maintain the Work. (d) The provision by Seller Developer of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section 15.5 shall be identified as a Milestone in Appendix C B and the provisions of article ARTICLE 10 (“Project Schedule”) shall apply.

Appears in 2 contracts

Samples: Build Transfer Agreement, Build Transfer Agreement

Operating and Maintenance Instructions. (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller Contractor shall deliver to BuyerCompany’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment may be safely commissioned and BuyerCompany’s personnel properly trained pursuant to Section 7.11 (“Training”). Seller Contractor shall, at its sole cost and expense, continuously update such manuals so that, as of the Closing Substantial Completion Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within three (3) months of the scheduled Closing Substantial Completion Date, Seller Contractor shall supply to Buyer Company three (3) copies of final operation and maintenance manuals and drawings of the Work as- as-built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work. (c) All operating and maintenance manuals and drawings of the Work as-built shall be in such detail as will enable Buyer Company to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. Where the employment of Seller Contractor is terminated for default or in the case of SellerContractor’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Company Date, Seller Contractor shall provide to Buyer Company such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer Company to complete, use and maintain the Work. (d) Where the employment of Contractor is terminated for convenience, Contractor shall provide to Company such information, including copy drawings and Draft Manuals, in the state of completion at the date of such termination. (e) The provision by Seller Contractor of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section shall be identified as a Milestone in Appendix C and the provisions of article 10 (“Project Schedule”) shall 10shall apply.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract

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Operating and Maintenance Instructions. (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller shall deliver to Buyer’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment may be safely commissioned and Buyer’s personnel properly trained pursuant to Section 7.11 7.10 (“Training”). Seller shall, at its sole cost and expense, continuously update such manuals so that, as of the Closing Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within three (3) months of the scheduled Closing Date, Seller shall supply to Buyer three (3) copies of final operation and maintenance manuals and drawings of the Work as- as-built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work. (c) All operating and maintenance manuals and drawings of the Work as-built shall be in such detail as will enable Buyer to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. Where the employment of Seller is terminated for default or in the case of Seller’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Date, Seller shall provide to Buyer such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer to complete, use and maintain the Work. (d) The provision by Seller of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section shall be identified as a Milestone in Appendix C and the provisions of article 10 (“Project Schedule”) shall apply.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

Operating and Maintenance Instructions. ‌ (a) Not less than six (6) months prior to the scheduled Guaranteed Substantial Completion Date, Seller shall deliver to Buyer’s Representative one (1) set of preliminary operating and maintenance manuals sufficiently complete that the Plant and Equipment may be safely commissioned and Buyer’s personnel properly trained pursuant to Section 7.11 (“Training”). Seller shall, at its sole cost and expense, continuously update such manuals so that, as of the Closing Date, such operating and maintenance manuals are substantively in their final form with any amendments made as necessary. (b) Within three (3) months of the scheduled Closing Date, Seller shall supply to Buyer three (3) copies of final operation and maintenance manuals and drawings of the Work as- as-built plus five (5) CD-ROMs incorporating any changes made during testing and/or Commissioning of the Work. (c) All operating and maintenance manuals and drawings of the Work as-built shall be in such detail as will enable Buyer to operate, maintain, dismantle, reassemble, adjust and repair all parts of the Work. Where the employment of Seller is terminated for default or in the case of Seller’s Material Adverse Change prior to the Transfer of Possession and Control of Project to Buyer Date, Seller shall provide to Buyer such information including copy drawings and Draft Manuals as is reasonable and as is necessary for Buyer to complete, use and maintain the Work. (d) The provision by Seller of the final operation and maintenance manuals and drawings of the Work as-built in accordance with the provisions of this Section shall be identified as a Milestone in Appendix C and the provisions of article 10 (“Project Schedule”) shall apply.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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