Operation of Facilities. Use commercially reasonable efforts to operate, and cause the Subsidiaries to operate, the Facilities owned, leased or operated by Parent, the Borrower or any of the Subsidiaries now or in the future in a manner believed by the Borrower to be consistent with prevailing health care industry standards in the locations where the Facilities exist from time to time, except to the extent failure to do so would not have a Material Adverse Effect.
Operation of Facilities. Foreign shall furnish to the joint Company technical assistance and advice on all aspects of plant operation including, but without limiting, the generality of the foregoing :
(a) Scheduling, material specifications and ordering, and production techniques relating to the manufacture of the products.
(b) Quality control and production planning;
(c) Methods, studies and other industrials engineering activities in connection with the organizing, planning , training or personnel, and development of operating practices and procedures to obtain the most efficient use of the production facilities;
(d) Recommended safety procedures.
Operation of Facilities. Seller shall:
(i) cause each Facility to be maintained and operated in the ordinary course of business consistent with such LLC's past practices (including the repair or replacement of damaged, destroyed, obsolete, depreciated, non-working, or non-economical items of equipment or other personal property) and in accordance with Good Operating Practices, maintain insurance now in force with respect to such Facility, and pay or cause to be paid all costs and expenses in connection therewith promptly when due, but Seller shall not be obligated by this clause (i) to cause any LLC to operate its Facility; and
(ii) cause each of the LLCs to use its reasonable efforts to maintain its relationships with employees of any Affiliate of Seller assigned to the Businesses of the LLCs, suppliers, customers, and others having material business relationships relating to the LLCs, the Facilities, or the Businesses so that they will be preserved for Buyer on and after the Closing Date.
Operation of Facilities. Each BORROWER owns or leases and operates facilities to provide health care services and (a) maintains Medicare and Medicaid provider status and is the holder of the provider identification numbers identified on SCHEDULE 2 hereto, all of which are current and valid and such BORROWER has not allowed, permitted, authorized or caused any other Person to use any such provider identification number, and (b) has obtained all material licenses, accreditations and approvals of governmental authorities and all other Persons necessary for such BORROWER to own its assets, to carry on its business, to execute, deliver and perform the Loan Documents, and to receive payments from the Obligors and, if organized as a not-for-profit entity, has and maintains its status, if any, as an organization exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. No BORROWER has been notified by any such governmental authority or other Person during the immediately preceding twenty four (24) month period that such Person has rescinded or not renewed, or intends to rescind or not renew, any such license or approval.
Operation of Facilities. Borrower owns or leases facilities sufficient to permit it to provide health care services and (i) maintains Medicare and Medicaid provider status and is the holder of the provider identification numbers identified on Schedule 5.03 hereto, all of which are current and valid and Borrower has not allowed, permitted, authorized or caused any other Person to use any such provider identification number, and (ii) has obtained all material Permits necessary for Borrower to own its assets, to carry on its business, to execute, deliver and perform the Loan Documents, and to receive payments from the Obligors and, if organized as a not-for-profit entity, has and maintains its status, if any, as an organization exempt from federal taxation under Section 501(c)(3) of the Code. Borrower has not been notified by any such governmental authority or other Person during the immediately preceding 24-month period that such party has rescinded, limited or not renewed, or intends to rescind, limit or not renew, any such license or approval.
Operation of Facilities. The Project Entity shall be solely responsible for all cost and expenses associated with (i) funding each Facility after the completion of the construction, these expenses include, without limitation, all pre-opening marketing activities, pre-opening cost of innovatory and all post-opening operational expenses; (ii) the assumption of the lease agreement for a particular Facility from the earlier of the respective dates set forth in Section 3.5 or the date construction begins for a particular Facility (if acceptable to the landlord, the Project Entity shall into a new lease agreement (on terms no less favorable than those experienced by NYBE), at which time NYBE shall be released from its obligations under the current lease; provided, if NYBE is to remain or otherwise guaranty any such lease agreement, then WCCI shall also, jointly and severally, guaranty such lease agreement); and (if) paying for all insurance and utility expenses with respect to each Facility. In addition to the foregoing, it is understood by the parties that WCCI shall have operational control (are the store level), relative to the day-today operation of the converted Facilities.
Operation of Facilities. Each Guarantor agrees that it will operate or cause its respective Facility to be operated in accordance with Prudent Industry Practices.
Operation of Facilities. The Interconnector shall operate, maintain, and control 23 the Generating Facility and the generating facility interconnection tie line (i) in 1 accordance with Good Utility Practice and Applicable Requirements, to the 2 extent applicable to the Interconnector; and (ii) in accordance with the 3 provisions of this Agreement. The Interconnector shall cooperate with and 4 timely provide to the Operator all information as the Operator may, acting in 5 good faith, request in order for the Operator to comply with Applicable
Operation of Facilities. Transwestern agrees to shall perform the services listed on Exhibit B (the "Services") as an independent contractor of Customer to operate and maintain the Measurement and Control Facilities. Transwestern represents that it will operate and maintain the Measurement and Control Facilities in accordance with Transwestern and/or Enron Transportation & Storage (ET&S) Operating standard natural gas industry operating Pprocedures and Policies in effect from time to time governing the operation and maintenance of measurement and control facilities, in a manner consistent with Standard iIndustry standard pPractices, and in accordance with the applicable provisions of Transwestern's FERC Gas Tariff, as amended from time to time, and any applicable laws, andrules, regulations, and orders of duly constituted federal, state and local authorities having jurisdiction over the Measurement and Control Facilities, and the terms and conditions of this Agreement . With respect to items of materials, machinery, equipment or services procured by Transwestern from suppliers, manufacturers or subcontractors, Transwestern will attempt to secure the best warranties reasonable obtainable as to workmanship and material and to include the interest of Customer in such warranties. Transwestern shall not, under any circumstances, be responsible for correction of any defective workmanship or material in connection with said items, nor shall there be any express or implied warranties made by Transwestern with respect to such items procured from suppliers, manufacturers or subcontractors. However, Transwestern will assign to Customer all warranties covering same, and will provide all reasonable assistance to Customer in the enforcement of warranty claims against such suppliers, manufacturers or subcontractors. TRANSWESTERN MAKES NO WARRANTIES OTHER THAN THE ABOVE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY STATUTORY WARRANTIES AND WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLICABLE TO TRANSWESTERN'S WORK UNDER THIS AGREEMENT. Subject to the terms of Transwestern’s FERC Gas Tariff as it exists from time to time, and subject further to the receipt by Transwestern of timely nominations from Customer or Customer’s agent of the quantity of natural gas to be delivered by Transwestern to Customer at the Delivery Point, Transwestern shall operate its pipeline facilities and the Measurement and Control Facilities to effectuate the operating parameters det...
Operation of Facilities. The Company intends to operate the Facilities from the Completion Date to the expiration or sooner termination of this Agreement as provided herein as a 'project" within the meaning of the Act and so long as the Bonds remain outstanding the Company agrees that it shall not operate the Facilities as a facility the primary purpose of which causes the Facilities to constitute a prohibited facility within the meaning of Section 103(b) of the Code.
