OPERATION, MAINTENANCE AND REPAIR. The Company agrees to proceed in good faith to maintain the availability of the Project for use as an authorized project under the Act. Notwithstanding the foregoing, the Authority and the Company recognize that the Project will constitute integrated portions of electric distribution facilities of the Company and that it is not feasible to administer the Project separately from such facilities. The Company shall operate the Project (with such changes, improvements or additions as the Company may deem desirable) as part of such facilities for the joint useful lives of the Project and such facilities and shall maintain and repair the Project in conformity with the Company's normal maintenance and repair programs for such facilities; provided that the Company shall have no obligation to operate, maintain or repair any element or item of the Project the operation, maintenance or repair of which becomes uneconomic to the Company because of damage or destruction or obsolescence (including physical, functional and economic obsolescence), or change in government standards and regulations, or the termination by the Company of the operation of the facilities to which the element or item of the Project is an adjunct.
OPERATION, MAINTENANCE AND REPAIR. The Lessee may enter into agreements with one or more other parties for the operation, maintenance, repair and alterations of all or any portion of the Leased Premises. Such other parties may assume all responsibility for operation, maintenance, repairs and alterations to the Leased Premises. At the end of the term of this Lease, the Lessee shall deliver the Leased Premises to the Lessor in as good condition as at the beginning of the term, reasonable wear and tear only excepted.
OPERATION, MAINTENANCE AND REPAIR a. Lessee shall use the equipment properly and shall, at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, as needed basis. Lessee shall be liable for any repairs wrongly made or incompatible with the standards set forth in the Repair Manuals issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s failure to repair or maintain the equipment in good condition. If the foregoing obligations are performed by Lessor, all expenses relating thereto will be for the account of Lessee.
b. Lessee shall use the equipment in accordance with good operating practices and so as to comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof and by Lessor, including, but not limited to, current Regulations and Recommendations of the International Organization of Standardization and applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as excessive impact and unbalanced loading. Lessee shall not use the equipment for storage or transportation of goods which could damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment.
c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement.
d. Receipt.or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee.
x. Xxxxxx’x equipment is identified by appropriate lettering and numbering, which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, at...
OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. The City shall be responsible for the maintenance of the roof, the exterior of the Building, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition.
13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and to the satisfaction of the City.
13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to or better than the original work or installations and shall be done in good workmanlike manner.
13.4 If Tenant fails to make such repairs, restorations, or replacements, the same may be made by the City, at the expense of Tenant, and all sums and expenses incurred by the City shall be collectable by the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement therefore.
13.5 It shall be Tenant’s sole obligation and responsibility to ensure that any renovations, repairs, and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction.
OPERATION, MAINTENANCE AND REPAIR. 4.1 PTI Operation, Maintenance and Repair. Upon completion of any applicable portion of the Telecommunications Network, and during the Term hereof PTI shall be responsible, at its sole expense, for all costs and expenses of the operation of the Telecommunications Network (except only as expressly described in the Fiber Optic Access and Purchase Agreement), and all ordinary and extraordinary maintenance and repair (including, without limitation, the performance of continual monitoring and routine or special inspections) of all aspects of the Telecommunications Network (including, without limitation, any fibers, conduits, Regen Facilities or junctions, line amplifiers and other equipment and machinery that are a part thereof) (collectively, the "PTI Operation and Maintenance Services"), all pursuant to and in accordance with the provisions of Section 3.2 and in compliance with the plans and specifications for the Telecommunications Network approved by Colonial as provided in Section 3.2. PTI shall have no responsibility for, or authorization to perform maintenance or repairs on any portion of the Colonial Pipeline or any other Colonial equipment or machinery located along the Colonial Rights-of-Way or at the Related Facilities.
OPERATION, MAINTENANCE AND REPAIR. Debtor shall operate, maintain and repair the Collateral and retain actual control and possession thereof in accordance with the following provisions:
OPERATION, MAINTENANCE AND REPAIR. The Obligors shall operate, maintain and repair the Collateral and retain actual control and possession thereof in accordance with the following provisions:
(a) The Obligors shall have complete use of the Collateral until an Event of Default, and the Obligors shall use, operate, maintain and store the Collateral, or any part hereof, properly, carefully and in compliance with all applicable statutes, ordinances, regulations, policies of insurance and manufacturer’s recommendations, including the recommendations or requirements set forth in manufacturer’s operating and maintenance manuals.
(b) The Obligors agree that the Collateral will be operated only by duly certified and qualified pilots and shall be based within the geographical boundaries of the United States of America.
(c) The Obligors shall be responsible for and pay for all expenses of owning and operating the Collateral, including, but not limited to, storage, fuel, lubricants, service, inspections, overhauls, replacements, maintenance and repairs, all in compliance with the manufacturer’s operating and maintenance manuals and with Federal Aviation Administration rules and regulations. The Obligors shall properly maintain all records pertaining to the maintenance and operation of the Collateral.
OPERATION, MAINTENANCE AND REPAIR. The Authority and the Corporation recognize that the Project constitutes integrated portions of the electric energy and production facilities of the Corporation and its co-tenants and that it is not feasible to administer the Project separately from such facilities. The Corporation shall operate the Project or cause the Project to be operated (with such changes, improvements or additions as the Corporation may deem desirable) as part of such facilities for the joint useful life of the Project and such facilities, shall maintain and repair the Project or cause the Project to be maintained and repaired in conformity with the Corporation's and its co-tenants' normal maintenance and repair programs for such facilities and shall proceed in good faith to maintain the availability of the Project for use as an authorized project under the Act; but the Corporation and its co-tenants shall have no obligation to operate, maintain or repair or cause to be operated, maintained, or repaired, or proceed in good faith to maintain the availability of the Project for use as an authorized project under the Act with respect to, any element or item of the Project the operation, maintenance, or repair of which becomes uneconomic to the Corporation because of damage or destruction or obsolescence (including physical, functional and economic obsolescence), or change in government standards and regulations, or the termination of the operation of the portion of such facilities to which the element or item of the Project is an adjunct, or the sale, transfer or other disposition by the Corporation of its interest in such facilities.
OPERATION, MAINTENANCE AND REPAIR. The Authority and the Company recognize that the Project will constitute integrated portions of the electric energy and production facilities of the Company and that it is not feasible to administer the Project separately from such facilities. The Company shall operate the Project (with such changes, improvements or additions as the Company may deem desirable) as part of such facilities for the joint useful life of the Project and such facilities and shall maintain and repair the Project in conformity with the Company's normal maintenance and repair programs for such facilities provided that the Company shall have no obligation to operate, maintain or repair any element or item of the Project the operation, maintenance, or repair of which becomes uneconomic to the Company because of damage or destruction or obsolescence (including physical, functional and economic obsolescence), or change in government standards and regulations, or the termination of the operation of the facilities to which the element or item of the Project is an adjunct; and provided further that, in any event, the Company is proceeding in good faith to maintain the availability of the Project for use as an authorized project under the Act.
OPERATION, MAINTENANCE AND REPAIR. Debtor shall use, operate, maintain, store and repair the Collateral and retain actual control and possession thereof in accordance with each of the following provisions:
(a) Debtor shall use, maintain, store and repair the Collateral properly, carefully and in complete compliance with all applicable statutes, ordinances, regulations, policies of insurance, manufacturer's recommendations and manufacturer's operating and maintenance manuals and handbooks.
(b) Debtor shall properly maintain all records pertaining to the maintenance, operation and repair of the Collateral.
