OPERATOR’S COVENANTS. The Operator agrees, covenants and undertakes with the Resident as follows:
OPERATOR’S COVENANTS. Operator covenants and agrees to the following:
OPERATOR’S COVENANTS. 11.1 The Operator agrees with the Licensee and Resident as follows:
OPERATOR’S COVENANTS. 11.1 The Operator agrees with the Resident as follows:
OPERATOR’S COVENANTS. A. Operator shall comply with all laws, ordinances, rules, regulations, policies, and orders now in effect or hereinafter adopted of the United States, the State of North Dakota, and the City of Minot, and any agency, department, or governmental subdivision thereof, including but not limited to the Department of Homeland Security, the Occupational Safety and Health Administration (“OSHA”), and the Federal Aviation Administration relating to Operator's activities at the Airport, including but not limited to the Airport Certification Manual, the Airport Security Plan, and the Airport Rules and Standards, current copies of which are on file in the office of the Airport Director located at the Airport.
B. Operator for itself, its personal representatives, successors in interest, and assigns, and as a part of the consideration hereof, does hereby agree that it shall comply with all applicable requirements of Federal and State civil rights, unlawful discrimination, and rehabilitation statutes, rules and regulations now in effect or hereinafter adopted, including but not limited to Title 49, Code of Federal Regulations, Department of Transportation of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of l964, and with the Americans Disabilities Act.
C. No advertising signs shall be used or displayed by Operator on the Airport other than those approved in writing by the Airport Director, or designee.
OPERATOR’S COVENANTS. (a) Neither Operator nor any Operator Entity shall cause any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or the Airport, or transported to or from the Premises or the Airport; provided that Operator may use such substances as are customarily used in retail sales so long as such use is in compliance with all applicable Environmental Laws and the Airport’s TI Guide.
(b) Operator shall handle Hazardous Materials discovered or introduced on the Premises during the Term in compliance with all Environmental Laws and the Airport’s TI Guide. Operator shall protect its employees and the general public in accordance with all Environmental Laws.
(c) In the event Operator becomes aware of the actual or possible Release of Hazardous Materials on the Premises or elsewhere on the Airport, Operator shall promptly give notice of the same to City. Without limiting the generality of the foregoing, Operator shall give notice to City of any of the following: (i) notice of a Release of Hazardous Materials given by Operator, any subtenant, or other occupant to any governmental or regulatory agency; (ii) notice of a violation or potential or alleged violation of any Environmental Law received by Operator, any subtenant, other occupant on the Premises from any governmental or regulatory agency; (iii) any inquiry, investigation, enforcement, cleanup, removal, other action that is instituted or threatened by a government or regulatory agency; (iv) any claim that is instituted or threatened by a third party against Operator, any subtenant, or other occupant on the Premises that relates to Hazardous Materials; and (v) any notice of termination, expiration, or material amendment to any environmental operating permit or license necessary for the use of the Premises.
(d) Any items containing Hazardous Materials in use by Operator, which are customarily used in retail, must be disposed of in a manner consistent with all applicable Environmental Laws.
(e) At Director’s request, Operator shall provide information necessary for City to confirm that Operator is complying with the foregoing covenants.
OPERATOR’S COVENANTS. Between the date of this Agreement and the Closing Date, Operator shall comply with the following provisions:
OPERATOR’S COVENANTS. Operator covenants and agrees to the following:
(a) Notice of Damage or Emergency. Operator shall promptly 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’S COVENANTS. The Operator promises and agrees to comply with the following terms:
a. Operator will exclusively use the road identified as “private” to access Xxxxxxx Lane from the Mine Site. Operator will only access and utilize Sunrise Pass Road to Freemont and then to Xxxxxxx Xxxx to access the Mine Site in the event of an emergency and will discontinue the use of this emergency route when the emergency has ceased or five business days have elapsed, whichever comes first. Operator agrees that it will not use East Valley Road to carry materials south from the Mine Site except for local deliveries. A map depicting these access routes is attached as Exhibit “1.”
b. The Operator will pay to County the sum of 0.5% (0.005) as a Maintenance Fee of all gross sales of material generated from the Mine Site, and as the Mine Site may be expanded or altered by Operator, during the first five years of this Agreement.
c. The Operator will pay to County the sum of 0.15% (0.0015) as a Maintenance Fee of all gross sales of material generated from the Mine Site, and as the Mine Site may be expanded or altered by Operator, during the next 15 years of this Agreement. No further payments will be due from Operator after the 20-year period.
d. The Maintenance Fee will only be imposed and due to County on sales of material from the Mine Site to third parties not affiliated with the Operator.
e. The Maintenance Fee will be payable to County each quarter and must be received by the County no later than the 15th day of the month following the preceding three-month period based on the materials removed from the Mine Site during that three-month period.
f. The Parties agree that any Maintenance Fee not received by the County when due shall incur an interest charge at the legal rate set forth NRS 99.040.
g. Operator agrees to provide to County any records it maintains and provides to the BIA or to the owner(s) of the Mine Site to verify the amount of material removed from the Mine Site. Operator agrees to provide these records to the County upon request but at least annually. Operator agrees that the County may audit the Operator’s records at the County’s expense at any time and will cooperate with any such audit by making records available upon request and to provide staff who can assist with the County’s auditors. Any such record may not be subject to Nevada’s Public Records Law as applicable.
h. Operator promises and agrees to cooperate with County to develop drainage improvements to reduce the...
OPERATOR’S COVENANTS. Between the date of this Agreement and the Closing Date, Operator shall comply with the following provisions:
6B.1 Operation of the Business. Operator will (a) conduct the business of the Hotel only in the ordinary course of business, (b) confer with Buyer or cause its asset manager to confer with Buyer concerning operational matters of a material nature, (c) otherwise report or cause the asset manager to report periodically to Buyer concerning the status, operations and finances of the business and (d) not enter into any agreement affecting the Property without Buyer’s prior written consent, which consent may be withheld in the sole and absolute discretion of Buyer.
