Operation of the Plant. In many instances, the company will offer the senior laborer an upgrade to higher rated classifications and will continue to do so depending on the circumstances, but not as a contractual requirement. However, if the Union determines that a repeated pattern and Practice of ignoring seniority on upgrades has developed concerning a particular individual or group of individuals, it may grieve such allegation directly to the Plant Manager. If the Union determines that evidence indicates that the Company is pre-training certain laborers so that employees are being discriminatorily selected for a particular job opening, it may present this allegation in the form of a grievance which will commence at the third step of the grievance procedure. Experience gained in a temporary job assigned or awarded in accordance with this Section shall not be considered in the awarding of any job. This Section does not alter or change the terms and provisions of Section (b).
(d) The Normal schedule for day shift laboratory employees shall be 7:00 A.M. to 3:00 P.M. with a paid lunch period. This agreement does not limit the Company's right to change schedules under the scheduling clause.
(e) The Company is willing to post changes in an employee's schedule if it changed after the Thursday posting. The parties recognize that this is for information purposes only, there are no time requirements and that no penalties are required if such posting does not take place.
(f) The Company will ensure that only properly trained individuals are assigned to operate the Mobile Crane.
(g) Under normal circumstances, if the Company requires an employee in the Quarry to go to the Plant to obtain parts or supplies, it will provide transportation to and from the Plant.
Operation of the Plant. 1 The Seller shall operate the Plant to the maximum extent feasible consistent with Prudent Operating 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 Net Electrical Output 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 expected net electrical output for the purpose of selling or attempting to sell the Net Electrical Output to any third party, or for the purpose of producing any other form of energy capable of being produced at the Plant in lieu of the Net Electrical Output, the limitation of the Seller’s liability shall not apply.
Operation of the Plant. The Borrower represents, warrants, covenants and agrees that it has obtained or shall obtain all necessary or required permits, licenses, consents and approvals that are material for the operation and maintenance of the Plant and shall comply in all material respects with all lawful requirements of any governmental body regarding the use or condition of the Plant, whether existing or later enacted, foreseen or unforeseen or whether involving any change in governmental policy or requiring structural or other changes to the Project and irrespective of the cost of so complying. Neither the Issuer, the Trustee or the Credit Enhancer, nor their respective successors or assigns are the agents or representatives of the Borrower, and the Borrower is not the agent of the Issuer, the Trustee or the Credit Enhancer, and this Loan Agreement shall not be construed to make any of the Issuer, the Trustee or the Credit Enhancer liable to materialmen, contractors, subcontractors, craftsmen, laborers or others for goods or services delivered by them in connection with the expansion of the Plant, or for debts or claims accruing to the aforesaid parties against the Borrower. This Loan Agreement shall not create any contractual relation either expressed or implied between the Issuer, the Trustee or the Credit Enhancer and any materialmen, contractors, subcontractors, craftsmen, laborers or any other person supplying any work, labor or materials in connection with the expansion of the Plant.
Operation of the Plant operate and maintain the Plant:
(i) in accordance with Environmental and Social Requirements;
(ii) in a safe and efficient manner;
(iii) in accordance with the requirements of the Project Documents; and
(iv) in accordance with Prudent Utility Practices;
Operation of the Plant. A. Enterprise shall assume full and sole responsibility for the operation and management of the Plant. Enterprise shall conduct all operations, maintenance and repairs of the Plant at its own risk, cost and expense, supplying all and every item or items of expense it deems necessary or desirable for such operations, maintenance and repairs. It is specifically understood and agreed that in no event shall Hercules be liable for any cost or expense incurred by Enterprise in conducting operations, maintenance and/or repairs at the Plant.
B. Enterprise shall operate, maintain and repair the Plant in accordance with accepted good practices, and shall use all due diligence to continuously Produce for Hercules such quantities of Polymer Grade Propylene as are at least sufficient to cover the requirements of Hercules for such product under the Propylene Sales Agreement; subject, however, at all times to the capacity limitations of the Plant and to interruption for scheduled maintenance shutdowns or turnarounds of approximately 15 days during any year.
C. Enterprise shall be entitled to all revenues and profits arising out of the operations at the Plant; all expenses, losses and liabilities incurred, accruing or resulting from such operations shall be borne solely by Enterprise.
Operation of the Plant. The management of the plant and the direction of the working forces including the planning, direction and control of plant operations, the scheduling of work and the assignment of employees to such work, including the right to assign employees to perform work outside of their job classification as necessary, the control and regulation of all equipment and other property of the Company, the determination of ability, production standards, the quality and quantity of work to be produced, the determination of the products to be manufactured and/or procured, the location or relocation of work, the work to be assigned to each location, the methods, process and means of production, shift assignments and schedules, the determination and establishment of any new or improved production methods or facilities, the establishment and enforcement of reasonable rules of conduct, and the right to maintain discipline and efficiency of all employees are all vested solely and exclusively in the Company, except as they may be expressly abridged or modified by other terms of this Agreement. It is further agreed that this enumeration of sole and exclusive Management prerogatives shall not be deemed to exclude other prerogatives not herein enumerated, and the Company retains the right to exercise any other prerogatives or functions of management which are not abridged by a specific provision of the Agreement. Note: The Company will advise the Union of sub-contracting work done at the WIPP, where the bargaining unit personnel, prior to the commencement of such work, would normally perform the work. If the Union requests a meeting to discuss the matter, such meeting will take place as soon as practical, but before the commencement of the work.
Operation of the Plant. Crew Size
1. Shift Operations (24 hours per day / 7 days per week)
a) Operating Positions 1 to 6
b) Total of eight (8) Shift operators per crew
c) Total of thirty-two (32) positions
2. Day Operations (10 hours per day / 7 days per week)
a) Day Operating Positions of Train Crew –three (3) positions
b) Day Operating Positions of Product Distribution Operator (PDO) – three
Operation of the Plant. The management of the plant and the direction of the working forces including the planning, direction and control of plant operations, the scheduling of work and the assignment of employees to such work, including the right to temporarily assign employees to perform work outside of their job classification, the control and regulation of all equipment and other property of the Company, the determination of ability, production standards, the quality and quantity of work to be produced, the determination of the products to be manufactured and/or procured, the location or relocation of work, the work to be assigned to each location, the methods, process and means of production, shift assignments (excluding daily work assignments) and schedules by classification seniority, the determination and establishment of any new or improved production methods or facilities, the enforcement of negotiated rules of conduct, and the right to maintain discipline and efficiency of all employees are all vested solely and exclusively in the Company, except as they may be expressly abridged or modified by other terms of this Agreement. It is further agreed that this enumeration of sole and exclusive Management prerogatives shall not be deemed to exclude other prerogatives not herein enumerated, and the Company retains the right to exercise any other prerogatives or functions of management which are not abridged by a specific provision of the Agreement.
Operation of the Plant. Yankee will operate and maintain the plant in accordance with good utility practice and all applicable laws and rules and regulations thereunder, including the applicable provisions of the Atomic Energy Act of 1954. Yankee reserves the exclusive right to control scheduling of the operation and maintenance of the plant, including outages for inspection, maintenance, refueling, and repairs and replacements. Subject to the foregoing, and until otherwise determined by Yankee's board of directors, the plant shall be subject to central dispatch pursuant to Section 12 of the New England Power Pool Agreement dated as of September 1, 1971, as from time to time amended. 4.
