Performance of Services by Company. The Parties understand and agree that until the In-Service Date, Manager is under no obligation to provide any of the Services. Notwithstanding the foregoing, Manager may, in its sole discretion, perform any Service contemplated herein to the extent that Company or its Subsidiaries fail to adequately and timely perform such Services or request Manager to provide such Services.
Performance of Services by Company. The parties to this Agreement understand and agree that Company may at its election provide certain Services for its own account, and to the extent Company adequately and timely does so Manager need not perform such Services. Manager will, however, remain obligated to perform all Services as provided herein to the extent Company fails to adequately and timely perform such Services.
Performance of Services by Company. A key feature of the Services provided to the City by the Company is project coordination and inspection services. Black Hills agrees to provide an operations supervisor and a line mechanic as those categories are used on the Black Hills’ system, who will provide project coordination and inspection services to the City and the City’s Contractor in their fulfillment of the work contemplated in this Agreement. Such services to be provided by Black Hills, include, but are not limited to, coordination of the Contractor activities and providing mapping to the City’s Contractor for the installation of the LED fixtures. The Company further agrees to inspect and document the installation work performed by the Contractor and to provide such other services reasonably necessary to complete the Project. Black Hills agrees not to unreasonably delay or withhold approval of the installation work performed by the Contractor. Black Hills will xxxx the City for those services and the City agrees to pay the Company for those services as set forth in Exhibit A. A more detailed list of the Services to be provided by the Company to the City will include the Services set forth on Exhibit A in accordance with the mutually agreed upon scope or parameters the parties agree to from time to time. Notwithstanding the foregoing, Company will not be required to provide any Service to the extent the provision thereof (i) becomes impracticable, in any material respect, as a result of one or more causes outside of Company’s reasonable control (including, without limitation, any labor dispute or force majeure event), (ii) would require Company to violate any law, order or other binding commitment or obligation of Company to any governmental entity, or (iii) would, in Company’s reasonable judgment acting in good faith, violate prudent safety procedures.
