Operator’s Obligations. The Operator agrees at all times during the Term:
(a) to use its best endeavours to ensure that for each Path Usage, it complies with the Service Assumptions;
(b) to comply with the Code of Practice;
(c) to conduct itself in accordance with any Instructions issued;
(d) that if it becomes aware that material non-compliance by a Service with a Train Path or a Path Usage has occurred or is a reasonable possibility, to notify the Network Control Centre immediately;
(e) to ensure that its use of the Network is carried out in such a way as to minimise obstruction of the Network and so that use of the Network by any other user authorised by ARTC is not prevented or delayed (other than through use of the Network in accordance with this agreement or through proper compliance with an Instruction validly given);
(f) to comply with all applicable legislation of the Commonwealth and State Parliaments, subordinate legislation, municipal by-laws and other laws in any way applicable to operation of the Services or its use of the Network;
(g) not to materially change, alter, repair, deface or otherwise affect any part of the Network, Associated Facilities, ARTC’s property or property of third parties provided that the obligation of the Operator in this clause extends only to such matters to the extent that they were caused or contributed to by the Operator and Train operations it conducts. This does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreement;
(h) not to materially damage the Network, Associated Facilities, ARTC’s property or property of third parties. For the purposes of this clause “damage” does not include normal wear and tear where the Operator is accessing the Network in accordance with the terms of this agreement;
(i) to provide and maintain communications equipment which is compatible with the equipment used in the Network Control Centre and to use such equipment to communicate with the Network Control Centre;
(j) where ARTC proposes to change communications equipment in the Network Control Centre:
(i) to share information and cooperate with ARTC and any Communications or TMS Provider to the extent that may be required to ensure that the parties’ obligations in clauses 5.3 and 5.5 are achieved;
(ii) if such proposal will result in the Operator having to replace or upgrade its communications equipment, ARTC will consult with the Operator and the Operator will, after such consultation and ...
Operator’s Obligations. The Operator will supply the Vehicle in a safe and roadworthy condition, displaying valid Third-party insurance.
Operator’s Obligations. The Operator shall supply the Vehicle in a safe and roadworthy condition, up to the current Certificate of Fitness standards.
Operator’s Obligations. The Operator shall provide the Terminal Services described in this Agreement to the Customer:
Operator’s Obligations. Operator, at its sole cost and expense, shall be responsible for preparation and compilation of Plans, Reports, Documents, and financial reports, and Operator shall attend meetings as reasonably required by the Department. Operator shall be responsible for compliance with all other obligations specified as Operator’s in Exhibit A.
Operator’s Obligations. (a) The Operator shall, and the Management Committee shall cause the Operator to:
(i) at Patriot’s cost, keep the Property in good standing at all times, including paying Maintenance Costs and provide the Non-Operators with written evidence immediately upon payment and periodically on February 1 and July 1 of each year, that all applicable annual Maintenance Costs have been paid;
(ii) carry out Operations in a prudent and workmanlike manner, with the degree of effort, skill and judgment that is in accordance with good exploration, evaluation, consultation, environmental and permitting practices generally prevailing in the mining industry and in accordance with all applicable laws and regulations, including securities laws and regulations, environmental laws and regulations and all agreements, permits and licences relating to the Property and the Operator;
(iii) pay and discharge all wages and accounts for material and services and all other costs and expenses that may be incurred by the Operator in connection with its Operations on the Property;
(iv) to the extent within its control and subject to such health, safety and mining or other regulations, permit the Non-Operators, their employees or duly authorized representatives, at their own expense and risk and on reasonable notice to the Operator, access to the Property, the information and data with respect to same, and the Operator’s books and records in relation thereto in order to examine any Operations carried out by or on behalf of the Operator and results obtained therefrom;
(v) during the Option Period and otherwise in accordance with international financial reporting standards consistently applied, maintain true and correct books, accounts and records of Expenditures;
(vi) deliver to the Management Committee and the Non-Operators quarterly progress reports within 30 days after the end of each quarter indicating the status of any approved Work Program being conducted on the Property and disclosing any and all data learned or obtained in connection with such work, along with an estimate of the Expenditures incurred during that quarter;
(vii) deliver to the Management Committee and the Non-Operators annually within 60 days after the year end a report on the Operations conducted on or with respect to the Property for the previous year summarizing any significant technical data learned or obtained and providing a breakdown of Expenditures incurred in carrying out the approved Work Program for that year;...
Operator’s Obligations. Operator hereby assumes full responsibility for the condition of the Operations Areas and character, acts and conduct of all persons admitted to the Operations Areas or the Airport by or with the actual or constructive consent of Operator or by or with the consent of any person acting for or on behalf of Operator. If the Operations Areas or the Airport, or any part thereof, are damaged in any way whatsoever by the act, default or negligence of Operator, or of Operator’s members, agents, employees, officers, representatives, guests, invitees, contractors, patrons, or any person admitted to the Operations Areas or the Airport by Operator or otherwise, Operator shall, at its sole cost and expense, restore the damaged property to the condition existing prior to such damage. If any properties, or any part thereof, are damaged in any way by an act of God, and such loss was required by this Agreement to be insured against by Operator, but was not so insured, then Operator shall, at its sole cost and expense, restore the damaged property to the condition existing prior to such damage. Operator shall commence such restoration within ten (10) days and shall diligently pursue such restoration to completion. Such repairs, replacements or rebuilding shall be made by Operator in accordance with the construction requirements contained herein and as established by the Authority. If Operator fails to restore the damaged property as required above, Authority shall have the right to perform the necessary restoration, and Operator hereby expressly agrees that it shall fully assume and be liable to Authority for payment of the costs thereof, plus twenty-five percent (25%) administrative overhead. Such restoration cost, plus the administrative cost, shall be due and payable within ten (10) days from date of written notice thereof.
Operator’s Obligations. (a) Operator provides the leased space as is, clean and free of all debris.
(b) Operator shall provide heat within the Facility at a reasonable temperature of comfort between October 15 and April 1 of each calendar year.
(c) Operator shall provide adequate common area hallway lighting within the Facility.
(d) Operator shall, during ordinary business hours of the day, provide elevator service to the leased space as needed, but Operator shall not be liable for any failure to provide elevator service not due to Operator’s negligence.
(e) Operator, shall pay and be responsible for any and all taxes assessed against the real property of the Facility.
(f) Operator shall maintain, clean and provide lavatory supplies for the common use toilet rooms located in the Facility.
(g) Operator shall maintain during the term of this Agreement an insurance policy for damage caused by fire in an amount equal to the full replacement of the Facility and improvements within the leased space and the Facility.
Operator’s Obligations. 15.1 The Operator shall, at all times, use all reasonable endeavours to protect the Scheme’s reputation, brand and integrity.
15.2 The Operator shall immediately notify the Authority if it becomes aware of any inappropriate or unauthorised use of any part of the Scheme or Hallmark.
Operator’s Obligations. Operator, in addition to the other obligations set forth in this Agreement, shall have the following obligations, subject to Owner making available adequate funds (if not produced by Hotel operations) for such purposes:
a. Standard of Operation. Operator shall manage and operate the Hotel, subject to the terms and conditions of this Agreement, as a first-class hotel consistent with the operation of similar hotels managed by Operator in the same geographical area and subject to the facilities and condition of the Hotel from time to time.
