Operation of the System. The City will maintain the System in good repair and operating condition and will cooperate with the Department in the observance and performance of the respective duties, covenants, obligations and agreements of the City and the Department under this Loan Agreement. The City will insure that the Project operates and meets minimum technical and administrative requirements in accordance with the State Sanitary Code, and the City will meet all requirements imposed by the EPA and the Department as a condition of receiving the Loan from the State Revolving Fund under the Federal Act, the State Act and any applicable Regulations. The City will, in accordance with prudent sewerage utility practice,
(a) at all times operate the properties of its System and any business in connection therewith in an efficient manner;
(b) maintain the System in good repair, working order and operating condition; and
(c) from time to time make all necessary and proper repairs, renewals, replacements, additions, betterments and improvements with respect to the System so that at all times the business carried on in connection therewith shall be properly and advantageously conducted, provided, however, that this covenant shall not be construed as requiring the City to expend any funds which are derived from sources other than the operation of its System or other receipts of such System which are not pledged hereunder, and provided further that nothing herein shall be construed as preventing the City from doing so.
Operation of the System. Subject to Section 7.13, Seller covenants and agrees that between the Effective Date and the earlier of the Closing or the termination of this Agreement in accordance with the terms hereof, Seller shall use commercially reasonable efforts to conduct the System only in the ordinary course of business in accordance with past practices and procedures and use commercially reasonable efforts to maintain the business and assets of the System, including the Acquired Assets, unless otherwise approved by Purchaser.
Operation of the System comprises the set of operational actions to be developed and performed by the CONCESSIONAIRE, after the issuance of the CERTIFICATE OF SYSTEM TRANSFER, for the provision of the SERVICES to the USERS of the SYSTEM, following the parameters and conditions provided for in the AGREEMENT and its ANNEXES.
Operation of the System. From the Bid Date up to the Time of Closing, the City shall have caused the System to be operated by the City in the ordinary course in a manner consistent with past practice, which shall include using all reasonable efforts to preserve the goodwill of the System and to maintain good business relationships with customers, suppliers and others having business dealings with the System, to maintain the System Assets in normal operating condition and repair in accordance with past practice (ordinary wear and tear excepted), to perform (or cause to be performed) in all material respects all of the City’s obligations under the Municipal Service Agreements and System Contracts and to cause the System to be operated in all material respects in accordance with all applicable Laws (except to the extent any non-compliance is being contested in good faith by appropriate proceedings), all to the end that the System as a going concern shall be unimpaired and transferred to the Concessionaire at the Closing in a condition not materially worse than the condition as of the Bid Date. It is understood and agreed that the City shall, up to and including the Time of Closing, be entitled to all of the cash or cash equivalents in or generated by the System (subject to the terms of Section 2.2(b) in the case of any cash or cash equivalents that are paid prior to the Time of Closing but are allocable to periods after the Time of Closing). Without limiting the foregoing, the City shall not terminate, amend, modify or agree to a waiver of the terms of any Authorization related to the System after the Bid Date and before the Time of Closing without the Concessionaire’s consent, which shall not be unreasonably withheld, conditioned or delayed.
Operation of the System. The Authority hereby agrees to operate, maintain, and administer the System as provided herein and under Act 233. The Authority intends that the customers receiving water from the System, the parties receiving automatic fire suppression system service from the System and the other parties benefitting from the System (the “Users of the System” or the “Users”) shall be responsible for paying all the costs of the operation, maintenance, and administration of the System through the Authority. The Townships acknowledge that the Authority may contract with third parties to provide for the operation, maintenance and administration of the System.
Operation of the System. The ISO shall serve as the operator of the NEPOOL Control Area and assume responsibility for the continued operation of the NEPOOL Control Center, consistent with the terms of this Agreement, the NEPOOL Agreement and the Tariff, the System Rules and Procedures, Good Utility Practice and applicable laws and regulations.
Operation of the System. The DEVELOPER shall be obliged to operate and maintain the SYSTEM as from the execution of the MINUTES OF COMMENCEMENT OF OPERATION, subject to the terms and conditions mentioned in EXHIBIT 5 of this APP. The DEVELOPER shall be responsible for the operation, conservation, maintenance and replacement of equipment, structures, buildings, roads, green areas, exterior works, furniture, vehicles, facilities and principal and complementary systems in the Site, in the terms and conditions established in the APP, its Exhibits and in the APPLICABLE LAWS and the operation regulations that shall be prepared by the DEVELOPER and submitted to the approval of CEA, which, once they have been prepared and, if applicable, approved by the PARTIES. During the OPERATION PERIOD, CEA and the DEVELOPER shall maintain permanently informed of the technological improvements, adjustments and innovations released into the market in connection with the parts, components, equipment, processes, subsystems, patents and technologies used within the SYSTEM, with the purpose of studying, analyzing and, if applicable, proposing their replacement or adaptation if such produce an increase in efficiency and a reduction of costs that benefit both PARTIES. In the event that the DEVELOPER acquires knowledge of efficiency increases or reduction of costs, within the 30 BUSINESS DAYS from the date on which it has knowledge of the efficiencies increase and/or of the reduction in costs resulting from such technological improvements, adjustments or innovations it shall submit to the approval of CEA, a cost-benefit study, also attaching the detailed analysis of the related costs and expenses and their repercussion on the agreed CONSIDERATION, whether in its form or term, for the analysis of CEA and, if applicable, the corresponding authorization. The modifications shall adjust to the following: If the technological innovations do not require any additional compensation nor imply a reduction of the obligations of the DEVELOPER, they may be agreed upon at any moment. If the modifications require additional compensation, or imply a reduction of the obligations of the DEVELOPER, each and all of the following conditions shall have to be met:
a) Compliance of the conditions mentioned in sections I, II or IV of article 106 of the LAPPEBC, the necessity and benefits of the modifications, as well as the amount of additional compensation or reduction of obligations, shall be evidenced with the opinion of independe...
Operation of the System. 10.1. The Operator shall be responsible for the management and operation of its facilities and for maintaining such facilities in proper conditions of upkeep, security and technical suitability, in coordination with other operators and the Technical Manager of the System, all in accordance with the provisions set out in prevailing legislation.
10.2. The User shall report its consumption schedules and any impact on such consumption in the time and manner established by current legislation.
10.3. The Operator shall provide the User with all required information about the system, in accordance with current regulations and within the time limits set out therein. In particular, the maintenance plans for its facilities that could affect the User shall be provided duly beforehand.
Operation of the System. Except as otherwise expressly permitted by this Agreement, as required by Law or with the prior written consent of Buyer (which consent shall not be unreasonably withheld, delayed or conditioned), from the Effective Date until the Closing, Seller shall (i) operate and manage the System only in the ordinary course of business in accordance with past practices and procedures,
Operation of the System. 3.1 SVRIA has entered or will enter into purchase orders and contracts to supervise and provide for, or cause to be supervised and provided for, the complete planning, design, construction, acquisition, financing, improvement, repair, modification and installation of the SVRCS (collectively, "Construction"). SVRIA will cause the Construction to be diligently performed in accordance with the specifications approved by the SVRIA.
3.2 SVRIA shall operate the System in conjunction with the MEMBERS for the duration of this MOU.
3.3 AGENCY shall have the right to use the System during the term of the MOU, unless AGENCY is in default on AGENCY Payments required hereunder after the applicable cure period set forth in Section 20.
3.4 The SVRCS shall only be used for public safety communications and other governmental uses for the MEMBERS’ and PARTICIPANTS’ benefit and convenience. SVRIA agrees to maintain and preserve the System in good repair and working order at all times, to operate the System in an efficient and economical manner, and to pay all the System’s maintenance and operation costs as they become due. AGENCY acknowledges that SVRIA has complete ownership and the sole discretion to operate, control and manage the System. Nothing in this MOU shall be construed to limit SVRIA's discretion in the System’s operation, control and management.
3.5 SVRIA agrees to use commercially reasonable efforts to hire the County of Santa Xxxxx, City of San Xxxx and/or other contractors to operate and maintain the System.
3.6 AGENCY agrees to purchase the components it uses with the SVRCS service from or with the cooperation of SVRIA. AGENCY shall not use any components with the SVRCS service which SVRIA has not authorized for its use. AGENCY shall not use the SVRCS in any manner which may adversely affect the service provided by the System.
3.7 SVRIA shall attempt to obtain the land use permits, if any, that are required for Construction. In the event a particular permit cannot be reasonably obtained for a particular site, SVRIA will seek one or more reasonable alternate sites.