Common use of Proposed Operating Standards Clause in Contracts

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide such proposed operating standards to the City for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”). The Concessionaire shall provide any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably requested by the City to determine if the Concessionaire’s proposed operating standards are reasonably designed to satisfy the Approval Criteria. Approval of the Concessionaire’s proposed operating standards may be withheld, delayed or conditioned only if the City reasonably determines that the Concessionaire’s proposed operating standards are not reasonably designed to satisfy the Approval Criteria. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the City in accordance with the terms hereof. If the City refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide such proposed operating standards to the City Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”). The Concessionaire shall provide any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably requested by the City Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to satisfy the Approval Criteria. Approval of the Concessionaire’s proposed operating standards may be withheld, delayed or conditioned only if the City Authority reasonably determines that the Concessionaire’s proposed operating standards are not reasonably designed to satisfy the Approval Criteria. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the City Authority in accordance with the terms hereof. If the City Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.19.‌

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Technical Standards, the Concessionaire must provide notice of such proposed operating standards to the City Authority for Approvalthe Authority's approval. The Concessionaire’s 's proposed operating standards must be accompanied by an explanation of the Concessionaire’s 's rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s 's proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”)Technical Standards. The Concessionaire shall provide Authority may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably requested required by the City Authority to determine if the Concessionaire’s 's proposed operating standards are reasonably designed to satisfy achieve the Approval Criteriaobjectives of the applicable Technical Standards. Approval Until the Authority provides its approval for the implementation of the Concessionaire’s 's proposed operating standards, the Concessionaire shall not implement the proposed operating standards may be withheld, delayed or conditioned only if and shall continue to implement and comply with the City reasonably determines that the Concessionaire’s proposed operating standards are not reasonably designed to satisfy the Approval Criteriathen existing Technical Standards. The Concessionaire’s 's proposed operating standards standards, which comply with Standard Industry Practice and Applicable Law, shall be deemed incorporated into the Operating Technical Standards upon Approval approval by the City Authority in accordance with the terms hereof. If the City refuses to Approve Authority does not approve any proposed operating standards and the Concessionaire disagrees with such refusalthe Authority, the Concessionaire may submit the matter to dispute Dispute resolution under the provisions of Article 19procedures set forth in Section 24.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the City Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”)Standards. The Concessionaire shall provide Authority may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably requested required by the City Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to satisfy achieve the objectives of the applicable Operating Standards. Until the Authority provides its Approval Criteria. Approval for the implementation of the Concessionaire’s proposed operating standards may be withheldstandards, delayed or conditioned only if the City reasonably determines that Concessionaire shall not implement the Concessionaire’s proposed operating standards are not reasonably designed to satisfy and shall implement and comply with the Approval CriteriaOperating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the City Authority in accordance with the terms hereof. If the City Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the City for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”)Standards. The Concessionaire shall provide City may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably requested required by the City to determine if the Concessionaire’s proposed operating standards are reasonably designed to satisfy achieve the objectives of the applicable Operating Standards. Until the City provides its Approval Criteria. Approval for the implementation of the Concessionaire’s proposed operating standards may be withheldstandards, delayed or conditioned only if the City reasonably determines that Concessionaire shall not implement the Concessionaire’s proposed operating standards are not reasonably designed to satisfy and shall implement and comply with the Approval CriteriaOperating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the City in accordance with the terms hereof. If the City refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution arbitration under the provisions of Article 19.