Provider as Owner and Operator Sample Clauses

Provider as Owner and Operator. The System will be owned by Provider or Provider’s Financing Party and will be operated and maintained and, as necessary, repaired by Provider at its sole cost and expense; provided, that any repair or maintenance costs incurred by Provider as a result of Purchaser’s negligence or breach of its obligations hereunder shall be reimbursed by Purchaser.
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Provider as Owner and Operator. The System will be owned and operated by or for Provider at its sole cost and expense. “System Operation” means all actions, including monitoring and maintaining a System, necessary for Provider to fulfill its covenants under this Agreement. Any repair or maintenance of a System will be promptly completed by or for Provider, at its sole cost and expense, for Provider’s benefit as legal and beneficial owner of a System, to the extent that such repair or maintenance is not directly attributable to the gross negligence or willful misconduct of Host.
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Provider as Owner and Operator. (a) The System will be owned by Provider or Provider’s Financing Party and will be operated and maintained in accordance prudent industry practices, repaired by Provider at its sole cost and expense; provided, any repair or maintenance costs incurred by Provider as a result of Purchaser’s negligence or breach of its obligations hereunder shall be reimbursed by Purchaser. Provider shall maintain the safety and security of the System. For the avoidance of doubt, Purchaser shall not be responsible for damage or acts of vandalism to the System unless such damage or vandalism is a result of Purchaser’s negligence committed by a Purchaser employee, officer, director, or contractor. (b) Special Conditions related to Maintenance of Vegetation. As part of Provider’s responsibilities related to the maintenance of the System set forth above, Provider shall be responsible for the underlying land of the Premises, including maintenance of the vegetation located at the System. All vegetation shall be maintained in a manner that is compliant with Applicable Law and consistent with Purchaser’s maintenance at the Premises surrounding or adjacent to the System. In particular, grass shall be mowed to an appropriate length and on a recurring schedule established by mutual agreement between the Parties each year.
Sample 1
Provider as Owner and Operator. The Systems will be owned or leased by a Provider and will be installed, operated and maintained and, as necessary, repaired and removed, by Provider at its sole cost and expense, consistent with Good Industry Practice.
Sample 1
Provider as Owner and Operator. Unless Purchaser purchases the System in accordance with this Agreement, Purchaser shall have no ownership rights in the System and is only entitled to purchase Electricity. The System will be owned by Provider and operated by, or for, Provider at Provider’s sole cost and expense. The System shall not attach to or be deemed a part of, or a fixture to, the Premises. The System shall at all times retain the legal status of personal property of Provider, and Provider shall pay any personal property, assessments or charges owed with respect to the System. Any repair or maintenance of the System will be completed by or for Provider, at its sole cost and expense, for Provider’s benefit as legal and beneficial owner of the System. Provider shall be entitled to, and is hereby authorized to, file one or more precautionary UCC Financing Statements or fixture filings, as applicable, in such jurisdictions as it deems appropriate with respect to the System in order to protect its rights in the System. Purchaser will not take a position on any tax return or in other filings suggesting that it is anything other than a purchaser of Electricity from the System and Provider shall retain title to any tax credits associated with the ownership of the System that may be available under federal or state law. The Parties intend this Agreement to be treated as a “service contract” within the meaning of Section 7701(e)(3) of the Internal Revenue Code. The Parties intend that neither Purchaser nor any party related to Purchaser shall acquire the right to operate any System or be deemed to operate any System for purposes of Section 7701(e)(4)(A)(i) of the Code, as amended, and the terms of this Agreement shall be construed consistently with the intention of the Parties.
Sample 1
Provider as Owner and Operator. The System will be owned and operated by or for Provider at its sole cost and expense. “System Operation” means all actions, including monitoring and maintaining a System, necessary for Provider to fulfill its obligations under this Agreement. Any necessary repair or maintenance of the System will be promptly completed by or for Provider, at its sole cost and expense, to the extent that such repair is not directly attributable to the negligence or willful misconduct of Host. To the extent such repair is directly attributable to the negligence or willful misconduct of Host repair of the System may be completed by or for Provider, at Host’s cost and expense
Sample 1

Related to Provider as Owner and Operator

  • NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

  • Maintenance and Operation Member-Generator agrees to maintain their system and facilities in accordance with applicable manufacturer's recommended maintenance schedule and standard prudent engineering practices. Member-Generator covenants and agrees to operate their system, facilities and equipment so as to minimize the likelihood for a malfunction or other disturbance, damaging or otherwise affecting or impairing Cooperative’s electrical system. Member-Generator shall comply with all applicable laws, regulations, zoning, building codes, safety rules and other environmental regulations or restrictions applicable to the design, installation, operation and maintenance of the Member-Generator's System.

  • Property Management (a) Borrower shall (i) cause Manager to manage the Properties in accordance with the Management Agreement, (ii) diligently perform and observe all of the terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (iii) promptly notify Lender of any default under the Management Agreement of which it is aware, (iv) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement, and (v) promptly enforce the performance and observance of all of the covenants required to be performed and observed by Manager under the Management Agreement in a commercially reasonable manner. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Lender’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its Obligations hereunder or under the Management Agreement, Lender shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed. In no event shall the fee payable to Manager for any Interest Period exceed the Management Fee Cap for such Interest Period and in no event shall Borrower pay or become obligated to pay to Manager, any transition or termination costs or expenses, termination fees, or their equivalent in connection with the Transfer of a Property or the termination of the Management Agreement. (b) If any one or more of the following events occurs: (i) the occurrence of an Event of Default, (ii) Manager shall be in material default under the Management Agreement beyond any applicable notice and cure period (including as a result of any gross negligence, fraud, willful misconduct or misappropriation of funds), or (iii) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, then Lender shall have the right to require Borrower to replace the Manager and enter into a Replacement Management Agreement with (x) a Qualified Manager selected by Borrower that is not an Affiliate of Borrower or (y) another property manager chosen by Borrower and approved by Lender; provided, that such approval shall be conditioned upon Borrower delivering a Rating Agency Confirmation as to such property manager. If Borrower fails to select a new Qualified Manager or a replacement Manager that satisfies the conditions described in the foregoing clause (y) and enter into a Replacement Management Agreement with such Person within sixty (60) days of Lender’s demand to replace the Manager, then Lender may choose the replacement property manager provided that such replacement property manager is a Qualified Manager or satisfies the conditions set forth in the foregoing clause (y).

  • Provider If the Provider is a State Agency, the Provider acknowledges that it is responsible for its own acts and deeds and the acts and deeds of its agents and employees. If the Provider is not a State agency, then the Provider agrees to indemnify and save harmless the State and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Provider or of any person employed by the Provider. The Provider shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Provider or its employees. The Provider further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Provider against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the Provider.

  • STANDARDS OF MANAGEMENT AND OPERATIONS In performing its obligations hereunder, during the term of this ESA, the Competitive Supplier shall exercise reasonable care to assure that its facilities are prudently and efficiently managed; that it employs an adequate number of competently trained and experienced personnel to carry out its responsibilities; that it delivers or arranges to deliver a safe and reliable supply of such amounts of electricity to the Point of Delivery as are required under this ESA; that it complies with all relevant industry standards and practices for the supply of electricity to Participating Consumers; and that, at all times with respect to Participating Consumers, it exercises good practice for a Competitive Supplier and employs Commercially Reasonable skills, systems and methods available to it.

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