Operator's Performance. Operator's responsibilities and obligations to Pepco shall include the following, from and after the Turnover Date until the Termination Date:
Operator's Performance. Operator shall use commercially reasonable efforts to perform as Owner’s representative, the obligations of Owner, as landlord, or concessionaire, under leases, licenses, and contracts made or granted with respect to the Hotel.
Operator's Performance. If after the expiration of any permitted grace period Operator shall have failed to cure any default in the performance of any covenant or promise on its part to be performed, Owner may immediately, or any time thereafter, without further notice, perform the same for the account and at the expense of Operator. Notwithstanding the above, in the case of an emergency, Owner may, after notice to Operator, so perform in Operator's stead prior to the expiration of any applicable grace period; provided, however, Operator shall not be deemed in default under this Agreement.
Operator's Performance. If Operator fails to comply with any of ------------------------ its agreements, covenants, or obligations under this Agreement, then Owner (in Operator's name or in its own name), after giving Operator at least 10 days' prior written notice of its intent to do so, may perform those agreements, covenants, or obligations or cause them to be performed for the account of Operator and at Operator's sole cost and expense, but Owner shall not be obligated to do so. Any and all costs and expenses thus incurred or paid by Owner shall be Operator's demand obligations to Owner and shall bear interest from the date of Owner's payment of any such obligation or expense for Operator's account until the date that Operator repays it to Owner at the Default Rate described in the Loan Agreement. Upon making any such payment or incurring any such cost or expense, Owner shall be fully subrogated to all of the rights of the Person receiving such payment. The amount and nature of any such cost and expense and the time when paid shall be fully established by the affidavit of Owner or any of Owner's officers or agents.
Operator's Performance. Operator's responsibilities and obligations to Pepco shall include the following, from and after the Turnover Date until the Termination Date:
2.2.1 Operate and maintain the Facilities.
2.2.2 Respond to and operate the Facilities as directed by Pepco and in a manner consistent with this Agreement.
2.2.3 Be responsible for all costs and Taxes associated with operating and maintaining the Facilities; with the exception of capital expenditures to be funded by Pepco pursuant to Section 4.2 below and Income Taxes and property taxes imposed on Pepco.
2.2.4 Arrange for the procurement, delivery, storage and redelivery of all material, equipment, chemicals and other consumables and supplies associated with operating and maintaining the Facilities, including fuel, water, sewer, electricity (except to the extent provided by Pepco pursuant to Section 3.1) and telecommunications service.
2.2.5 Retain all operating and maintenance records (whether in electronic form or otherwise) relating to the Facilities. Operator shall provide to Pepco, upon reasonable request, copies of any records or other information in Operator's possession relating to the Facilities and required by Pepco in order to comply with Applicable Law.
2.2.6 Implement and maintain a program of planned maintenance for the Facilities.
2.2.7 Develop, implement and enforce a preventative maintenance program that will ensure that the Facilities (a) experience no more than a 20% derating of either Facility (except for maintenance) so as to support requirements for local area reliability by demonstration of generation during the semi-annual PJM Net Capability Test, and (b) can meet the performance requirements on the Termination Date (as provided in Section 6.2 below).
2.2.8 Perform all routine maintenance.
2.2.9 Coordinate arrangements with Pepco for maintenance outages, planned and unplanned outages including outages requiring major capital expenses by Pepco. EXHIBIT G
2.2.10 Maintain an effective work force at the Facilities, assuming and discharging as appropriate any outstanding responsibilities of Pepco under any collective bargaining agreements as set forth in Exhibit III.
2.2.11 Conduct appropriate inspections and make the Facilities available at reasonable times for inspections by Pepco and others designated by Pepco.
2.2.12 Develop, implement and enforce programs for safety, quality assurance and quality control.
2.2.13 Dispose of all discharge water and other waste, including wastewater, spent chemi...
Operator's Performance
