Operation and Maintenance of the System. Seller shall, at its sole cost and expense, (a) operate, maintain, test, repair and replace the System consistent with Prudent Industry Practices and (b) perform all corrective, predictive, preventive, and routine maintenance to the System consistent with Prudent Industry Practices, including repairs and replacements, to maintain the equipment and System, such that they are kept and maintained in good physical, mechanical and operational condition. Purchaser understands that the System contains intermittent generation facilities and will not provide Purchaser with a continuous supply of Electricity. The System will operate in parallel to the host utility provider and will not affect the host’s ability to provide Electricity. SELLER MAKES NO WARRANTY OR GUARANTEE TO PURCHASER WITH RESPECT TO THE CONTINOUS SUPPLY OF ELECTRICITY. Seller shall not be liable for any damages caused by or resulting from any interruption in Electricity during the Term except with regard to the Output Guarantee. If at any xxxx Xxxxxx determines with reasonable belief that the existing electrical equipment to which the System is connected is unsafe, Seller shall not have the obligation to supply Electricity to Purchaser. Any costs incurred in restoring service following the interruption of operation of the System as a result of Seller’s maintenance and repairs of the System shall be borne by Seller. Any costs incurred in restoring the operation of the System as a result of Purchaser or the condition of the existing electrical equipment to which the System is connected shall be borne by Purchaser.
Operation and Maintenance of the System. Seller shall, at its sole cost and expense, (a) operate, maintain, test, repair and replace the System consistent with Prudent Industry Practices and (b) perform all corrective, predictive, preventive, and routine maintenance to the System consistent with Prudent Industry Practices, including repairs and replacements, to maintain the equipment and System, such that they are kept and maintained in good physical, mechanical and operational condition.
Operation and Maintenance of the System. 6.1 O&M Work. HEC or other entities acceptable to Host, at the sole cost and expense of the Seller, shall provide operation, repair, monitoring and maintenance services to the System during the Term, including the monitoring and maintenance of metering equipment to determine the quantity of Energy produced by the System (collectively, the “O&M Work”). HEC or other entities acceptable to Host, at the sole cost and expense of the Seller, shall perform the O&M Work to ensure that the System is capable of delivering Energy in accordance with the specifications set forth in Exhibit B.
Operation and Maintenance of the System. The Governmental Agency covenants and agrees that it shall, in accordance with prudent storm drainage utility practice, (i) at all times operate the properties of the System and any business in connection therewith in an efficient manner, (ii) maintain the System in good repair, working order and operating condition, (iii) from time to time make all necessary and proper repairs, renewals, replacements, additions, betterments and improvements with respect to the System so that at all times the business carried on in connection therewith shall be properly and advantageously conducted; provided, however, this covenant shall not be construed as requiring the Governmental Agency to expend any funds which are derived from sources other than the Revenue, and provided further that nothing herein shall be construed as preventing the Governmental Agency from doing so.
Operation and Maintenance of the System. 7.1. During the Operating Period, the Company shall, at its own cost, be responsible for management and operation in accordance with the Performance Standards of the System.
7.2. The Company shall provide at its own cost, regular and efficient maintenance and repair services of the System and the Connections of the Registered Properties connected to the System to ensure that they are in good operating condition and meet the Performance Requirements.
7.3. The Company shall, in consultation with the Government, cause the entire System, including all of its Connections, to be subjected to comprehensive Performance Tests during the last 6 months of the Term and shall, at its own cost, carry out an overall detailed maintenance and repair service to ensure that the entire system is in good operational condition on the Transfer Date (wear and tear excepted) and is successfully satisfying all of the Performance Requirements.
7.4. The Company shall establish a registration process as specified in the [Sewer Law] for Registered Owners and shall establish, manage and control an efficient electronic billing and collection system for levying and collecting the Tariffs.
7.5.1. The Government shall require any newly developed properties to apply to the Company to be registered and connected to the System upon the acceptance by the Company of his or its development plan for Wastewater disposal. Before granting its acceptance to such application, the Company shall conduct a Wastewater Planning Review which shall be a condition precedent to the issuance of any Building Permit in respect of such property and to the commencement of any development thereof. Applicants to become Registered Owners shall be required to pay to the Company a Wastewater Planning Review Fee in accordance with the Tariffs. The Company shall be entitled to require the relevant person to amend the plans for the development if in the opinion of the Company the Wastewater disposal aspects of the development do not comply with the [Sewer Law]. In assessing applications the Company shall be further guided by the capacity of the System and the effects on other Registered Users in addition to the provisions of Clause 5.9 above.
7.5.2. The Company will establish detailed procedures in relation to Wastewater Planning Reviews. In determining such procedures, the Company shall consult with the Municipality and obtain its consent in writing to such procedures.
7.6. The Government shall make available to the Compan...
Operation and Maintenance of the System a. The Town of Boiling Springs will operate, maintain, and repair the system under the terms agreed upon herein. Operation and maintenance of the system will comply will with all applicable State Laws and regulations.
b. The Town of Boiling Springs will bill all maintenance and repair costs requiring contracted professionals for the Town of Xxxxxxxxx Sewer System, including necessary equipment, materials, labor, and other expenses, directly to the Town of Xxxxxxxxx. Any maintenance or repair costs anticipated by the Town of Boiling Springs to exceed one thousand ($1,000) dollars shall require the prior approval of the Mayor of the Town of Xxxxxxxxx before work is begun on such maintenance or repair unless the maintenance or repair need is immediate and critical, and delay would result in a permit violation or would endanger the public health.
c. All legal, administrative, or liability-related services for wastewater spills or other state permit violations of any kind shall be and remain the sole responsibility of the Town of Xxxxxxxxx.
d. The Town of Xxxxxxxxx shall either reimburse the Town of Boiling Springs for insurance costs relating to its system or obtain proper coverage for its system and bear any associated costs with this insurance.
e. The Town of Xxxxxxxxx shall adopt the Town of Boiling Springs' current Sewer Use Ordinance (and as amended) and all wastewater generated from the Town of Xxxxxxxxx must be in compliance with the ordinance. This ordinance regulates wastewater sent to the Town of Boiling Springs.
f. The Town of Xxxxxxxxx shall, in consultation with the Town of Boiling Springs, adopt its own ordinance regulating sewer within 1-year of adoption of this agreement. This ordinance should outline any administrative or similar processes around current and new connections to the Town of Xxxxxxxxx wastewater system.
Operation and Maintenance of the System. Once the System has been developed, UTRCA shall operate and maintain it in working order, and shall take all reasonable steps to avoid interruptions in use and loss of Data, and to ensure that any maintenance required is carried out in a timely manner. UTRCA shall ensure that any functionality improvements identified and agreed by the Collaborators from time to time are implemented in a timely manner. The Funding Collaborators shall have and maintain a business continuity and security plan which defines the risks to business continuity and the measures the Collaborators agree to put in place to manage those risks. The collaborators shall establish an implementation schedule for the approved business continuity and security plan. The costs of any agreed functionality improvements after implementation of the System, including implementation of the business continuity plan, will form part of the annual operating and maintenance costs which will be borne by the Funding Collaborators in accordance with the terms of this Agreement. Annual Operation and Maintenance includes items outlined in schedule A.
Operation and Maintenance of the System. (a) Hotel shall, for day-to-day operations and at no cost to OCV, use reasonable efforts to notify OCV by telephone of any failure of the System or the System's functions in any given Room or as to any given Program. For the purpose of such notification, Hotel staff shall call the following telephone number: (800) 915-0000 xx the then current number, which shall be attended twenty-four hours a day seven days a week by OCV staff having the capability of expeditiously dispatching OCV service personnel to the Hotel.
(b) Any repairs or replacements to any equipment supplied by OCV made necessary by any grossly negligent or willful act by Hotel or any of its employees, contractors, servants, agents or others (not to include guests) authorized by Hotel, shall be undertaken by OCV at Hotel's expense. All other repairs shall be performed at OCV's expense.
(c) Hotel shall use reasonable efforts to ensure that no unauthorized person tampers with or attempts to make repairs to any equipment supplied by OCV under the terms of this Agreement. Should an emergency arise, Hotel agrees to use reasonable efforts to contact OCV by telephone and thereupon any repairs then authorized may be carried out in accordance with the directions so given by OCV. Any costs of such repair other than a reasonable amount of the labor and time of Hotel staff shall be 9 borne by OCV.
(d) OCV shall provide promptly all maintenance, repairs and replacement of materials and equipment necessary to ensure satisfactory operation of the System, including a high signal quality, throughout the Term as defined in 8g. Upon being notified by Hotel that a repair or service is required at the Hotel, OCV shall immediately dispatch repair representatives and it shall be incumbent on OCV to ensure that these representatives arrive at the Hotel within twelve (12) hours of the time OCV Is notified of the service requirement unless such representatives are delayed in transit by strikes, natural disasters, extremely adverse weather conditions or similar causes. Upon arrival at the Hotel, OCV's service representatives shall immediately undertake necessary repairs to return the entire System to the performance standards required under this Agreement and said repair services shall be completed within forty-eight (48) hours of the time OCV is initially notified of the System breakdown unless by reason of fire, accident, natural disaster, or similar cause, the Hotel or the System has been substantially destroyed. In t...
Operation and Maintenance of the System. 9.1. The system which provides the Service will be operational, in principle, 24 hours a day and 365 days, except on occasions when the system related facilities must be shutdown due to periodic and unavoidable maintenance and repair. In such case, the Company will, in principle, post a notice 2 weeks in advance on the Company’s service site or will notify the User by e-mail. However, the Company may use other methods of notification or omit such notice when immediate action is required.
9.2. The Company shall endeavor to enhance the server facilities according to the usage status of the User. However, in case of rapid growth of the usage in which servers would not be able to handle all transactions, certain User may experience a temporary disruption of service state.
9.3. The Company will not be responsible for any temporary interruption of the Service for the reasons stipulated in previous sections.
9.4. The Company can stop or discontinue or withhold the provision or availability of the Service at any time for reasons including but not limited to the following:
9.4.1. In case of unavoidable need for maintenance of essential servers and network systems for the Service.
9.4.2. Due to natural disasters, war and/or other emergency measures where the network is no longer available.
9.4.3. Due to priority handling of urgent matters for the public interest resulting in the network no longer available for the Service.
9.4.4. If the Company must discontinue the Service for above reasons, the Company will try to inform the User prior to the cessation unless it is urgent and or beyond the control of the Company.
Operation and Maintenance of the System. The Borrower covenants and agrees that it shall, in accordance with prudent utility practice:
(1) at all times operate the properties of the System in an efficient manner in accordance with applicable laws and regulations;
(2) maintain the System, making all necessary and proper repairs, renewals, replacements, additions, betterments and improvements necessary to maintain the System in good repair, working order and operating condition;
(3) implement any modification of the rates, fees and charges for use of the System that comprise the Dedicated Source of Revenues as the Treasurer may require to ensure repayment of the Loan in accordance with the provisions of the Loan Act; and
(4) take such other action as the Treasurer may require in accordance with powers granted to the Treasurer under the Act.
