Operation of Facility. City grants DCC full authority to manage the above-described golf course premises for use as a public golf course. The parties agree that at all times pertinent hereto, the golf course is and shall be a public golf course, and DCC shall not deny or diminish the public’s use of the golf course.
Operation of Facility. The Seller agrees to operate the Facility to the maximum extent feasible consistent with the recommendations of equipment manufactures and Good Utility Practice. The Buyer shall not assert the Seller's liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller's inadvertent or accidental failure to deliver the Buyer's Entitlement, unless the Seller is grossly negligent. Unless specifically allowed pursuant to this AGREEMENT, where without the Buyer's prior written approval the Seller deliberately reduces the Buyer's Entitlement for the purpose of selling or attempting to sell capacity and associated electric energy to any third party, or for the purpose of producing any other form of energy capable of being produced at the Facility in lieu of the Buyer’s Entitlement, said limitation of the Seller's liability shall not apply.
Operation of Facility. During the term of this Lease, the Educational Institution agrees to use the Facility for a lawful governmental purpose. The State and the Educational Institution may locate and use any of their own personal property in the furtherance of such purpose in or on the Facility and such personal property shall remain the property of the State or the Educational Institution and shall not become part of the Facility and shall not be subject to this Lease. If the personal property of the State or the Educational Institution so located in or on the Facility cannot be readily distinguished from the real and personal property comprising the Facility by reference to page A-1 in Exhibit A or other records of the Authority, then such personal property of the State or the Educational Institution shall remain identified as property of the State or the Educational Institution by tags or other symbols attached thereto or otherwise clearly associated therewith, and any such items of personal property not so identified shall be presumed to be part of the Facility, but such presumption shall not be conclusive. The Educational Institution shall pay all costs and expenses incurred in the operation of the Facility, or arising in connection therewith, including, but not limited to all governmental charges or taxes (or payments in lieu of taxes), if any, levied on the Facility or the operation thereof, and all charges for utility services supplied to, or used in the operation of, the Facility and all charges for insurance required by this Lease. Insofar as it may be lawfully done, the Authority shall be free from all costs, expenses and obligations of operation and maintenance of the Facility, except as otherwise expressly provided herein, and free from all taxes, assessments and other governmental charges, and that this Lease shall be a "net lease," and the State on behalf of the Educational Institution shall pay the Rental throughout the term of this Lease.
Operation of Facility. The Seller agrees to operate the Facility in accordance with Good Utility Practice. Unless specifically allowed pursuant to this Agreement, the Seller shall not sell or deliver Energy to any third party, except to the extent that Energy is required by the Facility for its operation or with the Buyer's prior written approval.
Operation of Facility. LPHS agrees to operate facility as a public animal shelter and to comply with the provisions of Chapter 6 of the Douglas Municipal Code pertaining to animals. LPHS agrees to provide a humane facility for the care and disposition of animals taken into custody by the Animal Control Personnel or agents of the Douglas Police Department. LPHS also agrees to take possession of adoptable animals surrendered by private citizens of Converse County when space is available. For purposes of this agreement, “disposition” shall mean the Funding Agreement with Laramie Peak Humane Society authority to make decisions regarding animals housed at LPHS, including, but not limited to, final placement and transfer.
Operation of Facility. From and after the time Occupancy has occurred, the Operator shall operate the Units and the Facility in accordance with the Operating Agreement, the Schedule of Commitments and the Proposal, provided that the Operator must comply with all Applicable Law and meet the standards and criteria for the operation of a Complex Care Facility set out in the Operating Agreement. If there are any inconsistencies, conflicts or ambiguities between the terms of the Proposal and any Applicable Law or the Operating Agreement, the Applicable Law and the terms of the Operating Agreement shall prevail over the terms of the Proposal.
Operation of Facility. Program Participant shall provide SDG&E and its Implementers reasonable access to the Facility at all times.
Operation of Facility. As of the later to occur of (i) January 1, 1999 and (ii) Notice of Substantial Completion (as defined in the General Contractor's Agreement) of the Plant, subject to all the terms and conditions of this Agreement, the Lessor shall provide and lease the Facility to the Lessee, and the Lessee shall operate and lease, and hereby as of the Effective Date does operate and lease, the Facility from the Lessor for the Term.
Operation of Facility. During the Term, the Lessee shall use its best efforts to operate the Facility (including the sowing, growing, harvesting and packaging of the Product) at its fullest productive capacity as would a prudent commercial greenhouse Lessee under the same or similar circumstances and to market the Product with substantially the same effort and on the same terms as used for product produced at other facilities operated by the Lessee or its Affiliates. The Lessee hereby agrees to give prompt written notice to the Lessor if at any time the Lessee becomes aware that the Facility is not being operated at its fullest productive capacity. The Lessee further agrees that it will not use the Facility for any purpose other than the production of tomatoes or, with the Lessor's consent, any other agricultural product.
Operation of Facility. Commencing on and after the Commercial Operation Date, Purchaser shall operate the Facility in accordance with the requirements of this Agreement, subject at all times to Purchaser’s rights with respect to periods in which there exists (i) a Scheduled Maintenance Outage; (ii) an Unscheduled Maintenance Outage; (iii) a Force Majeure Event; or (iv) any other condition or circumstance in Prudent Industry Practices would dictate that the Facility’s operations be shut down or curtailed.
