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.
5.01. City shall have exclusive control of the general nature of the operation to insure the rights of the public and shall have the exclusive right to approve all operating rules, hours and/or days of operation, fees to be charged and procedures developed by or implemented by DCC.
5.02. DCC shall supervise and manage in a businesslike and professional manner the Douglas Community Golf Course and all related facilities and DCC agrees to follow all applicable federal, state, county and city laws and regulations pertaining to the operation of the golf course and covenants not to discriminate or engage in any practice that has the effect of discriminating against any person on the basis of religion, race, creed, color, national origin, sex, age or disability, in furnishing or by refusing to furnish to such person or persons the use of any facility or participation in any program, including any and all services, privileges, accommodations and activities provided therein.
5.03. DCC shall operate, at DCC’s own cost, risk, profit and expense, a quality golf shop at the golf course, provided that DCC may contract for the personal services of the Golf Pro and may make compensation of said Golf Pro from the Operating Account. It is expressly agreed that DCC shall receive all income and pay all expenses, including insurance, building maintenance and repair, from the operation of the pro shop, cart rentals, golf lessons, and its owned golf cart assessments arising from the operation and management of the demised golf course premises.
5.04. DCC agrees to take good care of the premises and to use said premises only in the operation of the regulation eighteen (18) hole golf course presently existing on said premises, along with the appurtenant structures thereto, and agrees not to use or permit the premises or any part thereof to be used for any other purpose without the prior written consent of CITY endorsed hereon.
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 Seller'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. 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 any and all 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 authority to make decisions regarding animals housed at LPHS, including, but not limited to, final placement and transfer.
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. 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. Not later than January 1, 2013, the facility designated in paragraph (1) shall be oper- ational and shall accept custody, for the pur- pose of long-term management and storage, of elemental mercury generated within the United States and delivered to such facility.
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. The withdrawal management facility shall be operated under the exclusive control, direction, and supervision of VENDOR. All clinical decisions, including admissions, denials, appropriate treatment course and discharge planning will be at the professional discretion of VENDOR. VENDOR is encouraged to work with community partners in creating the most effective plan and follow-up services for SSWM clients.
Operation of Facility. The power to operate, maintain, repair, replace, expand, and close, as appropriate, the Facility in conformity with the relevant, adopted annual budget, which power shall include, without limitation, the powers to employ personnel, enter into contracts, amend, restate, modify or rescind applications and other documents filed with respect to the Facility with a public agency or entity, and perform any other function necessary for, and incidental to, the operation, maintenance, repair, replacement, expansion, and closure of the Facility; provided, however that the Facility shall not be expanded or closed, and no actions with respect to the expansion or closure of the Facility may be taken without the prior approval of each of the City and the County.
