Operation & Maintenance a) Licensee confirms that he/they fully understand and confirm that the Digital Screens installed shall, at all-time belong to Maha-Metro, and no interest in the same shall be created by the licensee.
b) The advertising rights on the Digital Screens installed will vest with the licensee only. Any persons wishing to advertise in the above-mentioned panels will have to deal directly with the Licensee, Maha-Metro will have no dealing in this regard.
c) The Licensee also agrees not to sub license, lease, lien, sub lease or part with, partially or fully in any form, the panels/advertisement spaces. At no time subletting of rights for advertisement to other advertising agencies/outdoor agencies, Out of Home advertising agencies, etc. would be permissible under this agreement.
d) The Licensee will not ask for any claim or seek any compensation from Maha-Metro if advertisements are not permitted due to court order/local laws/civil authorities.
e) The Licensee agrees to pay and will continue to pay the license fees and all dues, even if any or all screens at any station/s are not functional or has/have been dismantled for repair or upkeep etc. The Licensee agrees that in the event of such dysfunction of the panels, the licensor will not be liable to pay any compensation to the licensee.
f) Licensee and its employees or other persons involved in the execution of the work shall not, in any way, impinge on the safety and security of metro operations, passenger safety, safety of metro properties and its assets.
g) The Licensee shall comply with the all the applicable laws including Court judgments/ court orders and/or other government regulatory bodies, regulating the advertisements/ displays. Maha-Metro can’t be held liable for any change/modification in these laws which adversely affects this tender and the licensee voluntarily and unequivocally agrees not to seek any claim, damages, compensation or any other consideration whatsoever on this account.
h) In case of accident caused due to negligence of the Licensee resulting into injury/ death to Maha- Metro employees/ other users/ any person or loss to Maha-Metro property, Licensee shall compensate the loss (es), without prejudice to other actions under this Agreement at the sole discretion of Maha-Metro, including termination of Agreement.
Operation & Maintenance. Developer shall, at its own expense, operate and maintain, interconnecting equipment (as described in 2.1) on the Developer's side of the interconnect point. Developer may not modify or replace the interconnection equipment described in D2.1 above without the prior written consent of Utility.
Operation & Maintenance. 18.1 O&M obligations of the Concessionaire
18.1.1 During the Operation Period, the Concessionaire shall operate and maintain the Rail System in accordance with this Agreement either by itself, or through the O&M Contractor and if required, modify, repair or otherwise make improvements to the Rail System to comply with the provisions of this Agreement, Applicable Laws and Applicable Permits, and conform to Specifications and Standards and Good Industry Practice. Provided that notwithstanding anything to the contrary contained in this Agreement, Parties may mutually agree for MOR to undertake the maintenance of the Rail System at the cost of the Concessionaire to be calculated in accordance with provisions of Schedule-M. The obligations of the Concessionaire hereunder shall include:
(a) permitting safe, smooth and uninterrupted flow of traffic on the Rail System during normal operating conditions;
(b) minimising disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Rail System by providing a rapid and effective response and maintaining liaison with emergency services of the State and the Zonal Railway;
(c) carrying out periodic preventive maintenance of the Rail System;
(d) undertaking routine maintenance including prompt repairs of track, via ducts, [tunnels, underpasses, skywalks], joints, drains, embankments, structures, signaling systems, communication systems, lighting and Traction System;
(e) undertaking major maintenance such as track replacement, repairs to structures, repairs and refurbishment of signaling and communication system, overhaul of Traction System and other equipment;
(f) preventing, with the assistance of the concerned law enforcement agencies, any encroachments on the Rail System;
(g) protection of the environment and provision of equipment and materials therefor;
(h) maintenance of all communication, control and administrative systems necessary for the efficient operation of the Rail System;
(i) maintaining a public relations unit to interface with and attend to suggestions from the Users, government agencies, media and other agencies;
(j) complying with Safety Requirements in accordance with Article 19; and
(k) operation and maintenance of all Project Assets diligently and efficiently and in accordance with Good Industry Practice.
(l) maintaining a high standard of cleanliness and hygiene on the Rail System.
18.1.2 The Concessionaire shall remove promptly from the Rail System all surpl...
Operation & Maintenance. (a) Borrower shall not cause or permit any waste of any material portion of any Property.
(b) Borrower shall observe and comply with all Legal Requirements applicable to the ownership, use and operation of each Property and shall promptly commence a reasonable and good faith cure of any alleged violation of any Legal Requirements; provided that the applicable Individual Borrower may, upon providing Lender with security satisfactory to Lender (in the exercise of Lender’s reasonable judgment) and so long as during any contest the Collateral shall not be subject to any lien, charge, fine or other liability and shall not be in danger of being forfeited, lost or closed, proceed diligently and in good faith to contest the validity or applicability of any such alleged violation of Legal Requirement.
(c) Borrower shall maintain each Property in good condition and promptly repair any damage or casualty (subject to the terms of this Agreement).
(d) Upon reasonable prior notice (except during the existence of an Event of Default, when no prior notice shall be required), Borrower Parties and any Property Manager (if any) shall provide Lender and its agents, representatives and contractors with access to each Property from time to time (subject to the rights of Tenants) for the purposes of conducting appraisals, engineering inspections and environmental assessments of such Property (provided that Lender must have a good faith belief that an Individual Borrower is not in material compliance with its warranties, covenants and agreements relating to physical condition of the subject Property and/or compliance with Legal Requirements (including Environmental Laws, as defined in the Environmental Indemnity Agreement) prior to the commencement of any post-Funding Date engineering inspection or environmental assessment or investigation with respect to that Property) and with access to Borrower’s home office for purposes of examining and copying the books and records relating to the Portfolio. The costs relating to such activities shall be paid by Lender unless (i) Lender has a good faith basis for suspecting that an Individual Borrower is not in material compliance with its warranties, covenants and agreements relating to the physical condition of the subject Property and/or compliance with laws (including environmental laws), (ii) the examination of such books and records reveals that financial information submitted to Lender by Borrower Parties, Property Manager or anyone o...
Operation & Maintenance. Stryker’s Services are ancillary to and not a complete substitute for the requirements of Customer to adhere to the routine maintenance instructions provided by Stryker, it’s Equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer’s appropriate user personnel should be entirely familiar with the instructions and contents of those manuals, labels and inserts and implement them accordingly.
Operation & Maintenance. Support – The ECC will be responsible for the operation, technical performance, preventative maintenance, modifications/additions, hardware/software upgrades, routine corrective repairs, and emergency restoration of the Infrastructure. The ECC will oversee and manage contractors authorized to maintain and support the Infrastructure. The ECC shall comply with all FCC and regulatory laws, rules and regulations relating to use of the System. ECC will provide Agency with 1 year notice of any voluntary upgrades or early compliance with mandates to the System affecting Agency.
Operation & Maintenance. 17.1. The Contractor shall maintain and operate the project/facility for eligible activities pursuant to HUD regulations. In the event the Contractor fails to so maintain and operate the project, the County may, at its option, take possession of the project and operate and maintain it for any lawful purpose. The subcontracting of any operation and maintenance functions is subject to the subcontracting provisions of the Basic Interagency Agreement.
17.2. The Contractor shall operate such facilities so as to be open for the use of the general public during all normal hours of operation, and will not charge a fee that would restrict low income persons from using the facility.
Operation & Maintenance. 4.1 Except as to BPUB’s meters, all Equipment shall be maintained in satisfactory operating condition by Customer and shall remain the property and responsibility of Customer. BPUB shall bear no liability for Customer’s Equipment or for the consequences of its operation.
4.2 Customer shall furnish, install, operate and maintain in good order and repair, all without cost to BPUB, all Equipment required for the safe operation of the Customer’s metering facilities operating in parallel with BPUB’s electric system. This shall include, but not be limited to, Equipment necessary to (1) establish and maintain automatic synchronism with BPUB’s electric system and (2) automatically disconnect the metering facility from BPUB’s electric system in the event of overload or outage of BPUB’s electric system. The metering facility shall be designed to operate within allowable operating standards for BPUB’s electric system. The Equipment shall not cause any adverse effects upon the quality or reliability of service provided to BPUB’s other customers.
Operation & Maintenance. Five (5) years Comprehensive Operation and Maintenance including overhauling, wear and tear and regular checking of healthiness of system at proper interval shall be in the scope of vendor. The vendor shall also educate the consumer on best practices for cleaning of the modules and system maintenance.
Operation & Maintenance. The Borrower shall ensure that:
