Priority of Landfill Operations Sample Clauses

Priority of Landfill Operations. Notwithstanding anything herein to the contrary, Developer understands and agrees that Republic’s primary interest and obligation is the safe and efficient operation of the Landfill, the Collection System, and other landfill gas collection systems at the Landfill, [***], and that any interest of Developer in Landfill Gas shall remain secondary to the operation, management, permits, and/or compliance of or relating to the Landfill and its landfill gas collection systems, including, without limitation, the Collection System. For purposes of this Section 2.6 relating to the priority of Landfill operations, the operation of the Landfill shall be deemed to include, without limitation, the operations of any Affiliate of Republic or third party (or any affiliated or successor entity engaged in similar or related activities) at the Landfill. In addition, [***]. Notwithstanding anything herein to the contrary, Developer, and Developer’s rights and interests under this Agreement, shall not interfere with Republic’s compliance with any permits, authorizations, licenses, ordinances or regulations related to the Landfill, the Collection System, and other landfill gas collection systems at the Landfill, or with the lawful and safe operation of the Landfill, the Collection System, and/or other landfill gas collection systems at the Landfill, [***]. Republic shall be free at all times during the term hereof to take any action Republic deems necessary or desirable, in Republic’s sole judgment, in connection with the Landfill, including, without limitation, any action required to comply with any Applicable Law, or to respond to community concerns, without regard to the effect of such action on the quantity or quality of Landfill Gas extracted from the Landfill. Republic may operate its blowers and flares independent of Developer, if Republic deems it necessary. Subject (i) to the priority of Republic’s operations as set forth in this Agreement, including, without limitation, compliance with permit provisions, environmental regulations and requirements, and other Applicable Laws, and (ii) [***]. Notwithstanding anything to the contrary set forth in this Agreement, (i) in the event of any action or event that (a) in the reasonable judgment of Republic [***], or (b) in the reasonable judgment of Republic [***], or (ii) if the delivery of Landfill Gas to Developer pursuant to the terms of this Agreement may, in the reasonable judgment of Republic, [***], then Republic may, in a...
Sample 1
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Priority of Landfill Operations. Notwithstanding anything herein to the contrary, Xxxxx understands and agrees that Seller’s primary interest and obligation are the safe and efficient operation of the Landfill and the Collection System, in compliance with Applicable Laws and permit conditions, and that any interest of Buyer in any Landfill Gas shall remain secondary to the operation of the Landfill and the Collection System. For the sole purpose of this Section 2.4, the operation of the Landfill shall be deemed to include, without limitation, the operations of [***], any Affiliate of [***] and any contractor of [***] or its Affiliates (or any affiliated or successor entity engaged in similar or related activities) at the Landfill. Buyer’s rights and interests hereunder shall not interfere with Seller’s compliance with any permits, authorizations, licenses or Applicable Laws related to the Landfill or the Collection System, or with the lawful and safe operation of the Landfill and the Collection System, including, without limitation, the design, division, construction, operation, expansion (vertical or horizontal), maintenance, and monitoring of the Collection System or the Landfill, or the closure, and post- closure of the Landfill; provided that Seller shall, to the extent reasonably possible considering the circumstances and the priority of the operations of the Landfill under this Section 2.4, utilize reasonable efforts to attempt to maintain Buyer’s priority to the delivery of Landfill Gas provided by Section 2.1(a). Seller shall be free at all times during the Term to take any action Seller deems necessary or desirable, in Seller’s reasonable judgment, in connection with the Landfill, including, without limitation, any action required to comply with any Applicable Law or to respond to community concerns, without regard to the effect of such action on the quantity or quality of Landfill Gas extracted from the Landfill. Seller may operate its blowers and flares independent of Buyer if Seller deems it necessary with respect to the priority of the operations of the Landfill under this Section 2.4.
Sample 1
Priority of Landfill Operations. Notwithstanding anything herein to the contrary, Purchaser understands and agrees that Seller’s primary interest and obligation are the safe and efficient operation of Seller’s Site, in compliance with applicable laws and permit conditions, and that any interest of Purchaser in the Landfill Gas shall remain secondary to the operation of Seller’s Site. Purchaser’s rights and interests hereunder shall not interfere with Seller’s compliance with any permit related to Seller’s Facilities, or with the lawful and safe operation of Seller’s Site, including the design, construction, operation, maintenance, monitoring, closure, and post-closure of Seller’s Site. Seller may, in emergency circumstances, operate its blowers and flares independent of Purchaser, if Seller deems necessary. Subject to the foregoing, Seller and Purchaser will work together in good faith to attempt to minimize adverse impacts to the Landfill Gas flow and Purchaser’s operations resulting from Seller’s primary interest and obligation; provided that nothing in this Agreement shall require Seller to incur out-of-pocket expenses in taking any actions that are not required to be taken by Seller in this Agreement with respect to compliance with applicable laws and permits relating to Seller’s Site and Seller’s operations (without taking into account Purchaser’s activities for purposes of making the foregoing determination).
Sample 1

Related to Priority of Landfill Operations

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  • Project Site The “Project Site” is the place where the Work is being carried on.

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  • Environmental Site Assessment Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Project 3.01. The Recipient declares its commitment to the objectives of the Project. To this end, the Recipient shall carry out the Project in accordance with the provisions of Article IV of the General Conditions.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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  • Construction of the Project Highway (i) The Contractor shall construct the Project Highway as specified in Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. The [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof. (ii) The Contractor shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero five percent) of the Contract Price for delay of each day reckoned from the date specified in Schedule –J and until such Project Milestone is achieved or the Project Highway is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-J has been amended as above; provided further that in the event the Project Highway is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.5 (ii). (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance with the provisions of this Clause 10.3. Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10% (ten percent) of the Contract Price, the Contractor shall be deemed to be in default of this agreement having no cure and the Authority shall be entitled to terminate this Agreement by issuing a Termination Notice in accordance with the provisions of Clause 23.1 (ii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of the Authority, both as the sole party or as one of the parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

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