Operation and Maintenance Obligation. At all times beginning on the Effective Date and throughout the Term of this Agreement, and as specified in Schedule 5.1, Xxxxxxxxx-Americas shall be responsible for the start-up, testing, operation and maintenance of the A/A Assets and those certain portions of the Manufacturing Plant related to the delivery of the Utilities and shall bear all costs and expenses incurred in connection therewith, including the cost of labor, parts, supplies, and insurance. X. X. Xxxxx shall supply any water required for Xxxxxxxxx-Americas to provide the Utility Services. Such operation and maintenance and start-up and testing shall be performed by Xxxxxxxxx-Americas in accordance with Good Operating Practices, applicable Law, and the regulations, standards and guidelines adopted from time to time by the Electric Utility. Xxxxxxxxx-Americas shall have full and complete control over the A/A Assets at all times. The general terms, conditions and scope of the operations and maintenance obligation of Xxxxxxxxx-Americas are as set out on the attached Schedule 5.1.
Operation and Maintenance Obligation. At all times during the Term, Carr xxxll be responsible for the testing, operation and maintenance of the Facility and (except as otherwise expressly provided in Section 11.1.4) shall bear all costs and expenses incurred in connection therewith, including the cost of labor, parts, supplies, insurance and applicable taxes. The cost of testing to be borne by Carr xxxll include any net cost of Fuel consumed during testing, after crediting to CPS any revenues received from operation of the Facility during the test period. Such testing, operation and maintenance shall be performed in accordance with Accepted Electrical Practices, applicable Law, and the regulations, standards and guidelines adopted from time to time by the NYPP and/or NY ISO. Carr xxxll have full and complete control over the Facility at all times, subject to the rights and remedies of CPS under this Agreement, and Carr xxxll be entitled at any time and from time to time to suspend operation of the Facility or temporarily disconnect the Facility from the Interconnection Facilities whenever and for such periods of time as, in accordance with Accepted Electrical Practices, may be necessary for emergency, reliability, environmental, or safety reasons.
Operation and Maintenance Obligation. 26 10.2 Outages.................................................................27 10.3 Access..................................................................27 10.4
Operation and Maintenance Obligation. The term “Operation and Maintenance Obligation” means any contractual obligation with respect to any facilities, properties, structures, works, services, water or rights to receive water, or any loan of credit to or guaranty of debts, claims or liabilities of any other person (including a joint powers agency of which the Agency is a member) with respect to any facilities, properties, structures, works, services, water or rights to receive water, so long as in each case the payments thereunder are designated as Operation and Maintenance Costs by the Board of Directors of the Agency. Bonds and Contracts shall not constitute Operation and Maintenance Obligations.
Operation and Maintenance Obligation
