Operator Covenants. During the Term, Operator covenants as follows:
(i) General Partner, on behalf of Operator, will provide necessary personnel, equipment and other services for the operation, management and maintenance of the Marine Terminals in accordance with the terms of the Terminal 2 Lease, the Storage Services Agreement, the BAUTA (including any Terminal Service Order pursuant thereto), any other third party use agreements, and this Agreement.
(ii) Operator will reimburse TRMC for:
(1) all rentals paid under the Terminal 2 Lease;
(2) any and all repairs and maintenance costs and capital expenditures for the Marine Terminals, including without limitation all state or POLB required Marine Oil Terminal Engineering and Maintenance Standards (“MOTEMS”) obligations (other than those scheduled prior to the Execution Date and covered under the Omnibus Agreement), for which Operator may recover TRMC’s proportionate share of such costs and expenditures pursuant to the Long Beach Berth Throughput Agreement, but excluding the Tranche 2 Contribution Agreement items specified in Schedule VI of the Omnibus Agreement;
(3) without duplication of any amounts reimbursed or paid under the other paragraphs of this Agreement, the Omnibus Agreement or the Operational Services Agreement, any and all taxes, fees, charges, insurance premiums, assessments or spill planning and/or response costs (except those costs for oil spill response services provided by the Marine Preservation Association and Marine Spill Response Corporation related to obligations for oil spill prevention response, as provided in Schedule IV of the Omnibus Agreement) and any amounts due for utility services incurred by TRMC as lessee under the Terminal 2 Lease, or as owner of Terminal 2 or the Facilities;
(4) but excluding all pass through fees and costs paid by TRMC to the POLB or third parties relating to the use of the Marine Terminals by TRMC or other third parties and taxes that would otherwise be reimbursed by TRMC or third parties under the Long Beach Berth Throughput Agreement or similar provisions of third party agreements.
(iii) Operator will indemnify TRMC against any other Claims, liabilities or losses that TRMC incurs in its status as lessee under the Terminal 2 Lease or owner of Terminal 2 or the Facilities during the Term, except for pass through fees and costs excluded under Section 5(a)(ii)(4) above.
(iv) Operator will not enter into any other third party contracts for use of Terminal 2 which increase the ...
Operator Covenants. Operator covenants and agrees that it shall not disclose or otherwise share its password to TouchTunes’ Tempo website, operator dashboard or any other password-protected area of a TouchTunes website with any third party. Operator further covenants that any acceptance of terms and conditions for additional services under this Agreement, or under any addendum or supplement to this Agreement, that is provided by TouchTunes to Operator on TouchTunes’ Tempo website, operator dashboard or any other password- protected area on a TouchTunes website as specified by TouchTunes for acceptance on TouchTunes’ Tempo website, operator dashboard or any other such area of a TouchTunes website by Operator shall only be made by an authorized representative of Operator.
Operator Covenants. 16.1 Subject to the provisions of this Agreement, the Operator shall conduct and manage the Management Services:
16.1.1 at its own cost and risk;
16.1.2 in compliance with all applicable Laws, Regulatory Provisions and the Consents;
16.1.3 in compliance with all applicable health and safety standards; and
16.1.4 in accordance with Good Industry Practice.
16.2 The Operator shall take all reasonable steps to ensure that all the persons visiting or working at the Skukuza Facility, adhere to, abide by and comply with:
16.2.1 all Regulatory Provisions, the Environmental Specifications in respect of KNP and specifically in respect of the Skukuza Facility and the EIA;
16.2.2 the terms of this Agreement; and
16.2.3 any valid and enforceable directives or rules issued by the Managing Executive from time to time. In cases where the Operator believes that the Managing Executive has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Management Services, the Operator shall have the right to appeal against such rule or directive with SANParks and/or any other person determined by SANParks, in its sole and absolute discretion. SANParks and/or such other person determined by SANParks will verify whether the directive or rule in question was valid and consistent with practice elsewhere in the Park. Pending the results of such an appeal, the Operator shall abide by the said directive or rule.
16.3 The Operator shall be responsible for:
16.3.1 obtaining and keeping current all the Consents which may be required for the performance of its obligations under this Agreement;
16.3.2 implementing each consent within the period of its validity in accordance with its terms;
16.3.3 undertaking, according to the terms of this Agreement, all of its obligations within the time periods specified;
16.3.4 maintaining and keeping the Skukuza Facility clean including the area of responsibility described in Schedule 1 hereto; and
16.3.5 maintaining the level 4 accreditation as defined in the GSSA (Green Building Council South Africa) for EBP (Existing Building performance).
16.4 Without prejudice to Clauses 16.3.1 and 16.3.2, the Operator shall obtain all necessary permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the relevant Regulatory Pr...
Operator Covenants. Each Operator covenants and agrees with Lender that:
Operator Covenants. 107 ARTICLE VI
Operator Covenants. During the Term, Operator covenants as follows:
(i) General Partner, on behalf of Operator, will provide necessary personnel, equipment and other services for the operation, management and maintenance of the Anacortes Marine Terminal in accordance with the terms of the Master Lease, any other third party use agreements, and this Agreement.
(ii) Operator will reimburse TRMC for:
(1) all rentals paid under the Master Lease;
(2) any and all repairs and maintenance costs and capital expenditures for the Anacortes Marine Terminal, including without limitation all such obligations under the Master Lease (other than those scheduled prior to the Commencement Date and covered under the Omnibus Agreement); provided that Operator shall not be required to reimburse TRMC for the amount of any insurance proceeds received by TRMC pursuant to any casualty insurance carried by or for the benefit of TRMC with regard to the Anacortes Marine Terminal; and
(3) without duplication of any amounts reimbursed or paid under the other sections of this Agreement, the Omnibus Agreement or the Secondment Agreement, any and all taxes, fees, charges, insurance premiums, assessments or spill planning and/or response costs (except those costs for oil spill response services provided by the Marine Preservation Association and Marine Spill Response Corporation related to obligations for oil spill prevention response, as provided in the OSCPRR).
(iii) Operator will indemnify TRMC against any other Claims, liabilities or losses that TRMC incurs in its status as lessee under the Master Lease during the Term.
(iv) Operator will not enter into any other third party contracts for use of the Anacortes Marine Terminal without prior consent of TRMC.
Operator Covenants. Subject to the payment of Rent and the Student observing the terms of this Licence Agreement, the Student shall enjoy peaceful occupation of the Apartment and/or Room (but subject to the right of entry of the Operator and Manager to enter provided reasonable notice is given and in emergency situations to enter the Apartment and/or Room without any notice) To keep the Apartment and/or Room in a Proper State of Structural Repair as defined in the Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017) and to carry out all other repairs as the Operator is obliged to do under this Licence Agreement or the 2004 Act (as amended). To maintain a policy of insurance in respect of the structure of the Apartment and/or Room as required by section 12(1)(c) of the 2004 Act and the Operator’s contents only, as specified in the First Schedule hereto. To pay promptly to the Student at the end of the Term any deposit that he or she has paid except any portion that the Operator is entitled to retain, to cover:
Operator Covenants. Operator covenants and agrees to the following:
(a) Notice of Damage or Emergency. Operator will within 3 business days notify Subscriber if it becomes aware of any significant damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System.
Operator Covenants. During the Term, Operator covenants as follows:
(i) General Partner, on behalf of Operator, will provide necessary personnel, equipment and other services for the operation, management and maintenance of the Avon Terminal in accordance with the terms of the Master Lease, any other third party use agreements, and this Agreement.
(ii) Operator will reimburse TRMC for:
(1) all rentals paid under the Master Lease;
(2) any and all repairs and maintenance costs and capital expenditures for the Avon Terminal, including without limitation all MOTEMS obligations (other than those scheduled prior to the Commencement Date and covered under the Omnibus Agreement); provided that Operator shall not be required to reimburse TRMC for the amount of any insurance proceeds received by TRMC pursuant to any casualty insurance carried by or for the benefit of TRMC with regard to the Avon Terminal; and
(3) without duplication of any amounts reimbursed or paid under the other sections of this Agreement, the Omnibus Agreement or the Secondment Agreement, any and all taxes, fees, charges, insurance premiums, assessments or spill planning and/or response costs (except those costs for oil spill response services provided by the Marine Preservation Association and Marine Spill Response Corporation related to obligations for oil spill prevention response, as provided in Schedule IV of the Omnibus Agreement) and any amounts due for utility services incurred by TRMC as lessee under the Master Lease.
(iii) Operator will indemnify TRMC against any other Claims, liabilities or losses that TRMC incurs in its status as lessee under the Master Lease during the Term.
(iv) Operator will not enter into any other third party contracts for use of the Avon Terminal without prior consent of TRMC.
Operator Covenants
