RESPONSIBILITIES OF OPERATORS Sample Clauses
POPULAR SAMPLE Copied 2 times
RESPONSIBILITIES OF OPERATORS. A. Operators hereby engage Manager to provide management and consulting services to the Facilities, and Manager hereby accepts such engagement and agrees to provide such services for the compensation set forth in Section VII, upon the terms and conditions set forth in this Agreement. During the term of this Agreement, Manager shall provide the services set forth below, all of which shall be subject to the supervision and review of Operators. Manager and Operators understand and agree that notwithstanding any other provision of this Agreement, Operators remain responsible for operation of the Facilities in accordance with applicable law and regulations. Consequently, Operators shall retain the right, power and authority to promulgate all policies and procedures regarding operation of each Facility and the right to direct Manager and other third parties in the performance of their responsibilities; all such policies and directives shall be binding upon, and complied with by Manager. Notwithstanding the current authority of Operators, Operators acknowledge that Manager typically works with greater discretion than is provided pursuant to the Operating Agreements. Consequently, Operators shall, at the election of Manager, (x) work with the owner of the applicable Facility (the "Owner") to amend the Operating Agreements, substantially in the form of Exhibit C hereto, to clarify that the powers of the Operators primarily are to (1) issue such directives to Manager as are required by or appropriate under applicable law and regulations with respect to services of Manager, (2) establish such policies and procedures as are required by or appropriate under applicable law and regulations with respect to any or all of the matters covered by this Agreement, (3) supervise Manager and (4) ensure that the Facilities comply with applicable law, or (y) use their reasonable best efforts to facilitate a transition of the Operators of the Facility to an Operator or Operators approved by Owner and Manager.
RESPONSIBILITIES OF OPERATORS. A. Operators hereby engage Manager to provide management and consulting services to the Facilities, and Manager hereby accepts such engagement and agrees to provide such services for the compensation set forth in Section VII, upon the terms and conditions set forth in this Agreement. During the term of this Agreement, Manager shall provide the services set forth below, all of which shall be subject to the supervision and review of Operators, it being understood and agreed, however, that notwithstanding any other provision of this Agreement, Operators remain responsible for operation of the Facilities in accordance with applicable law and regulations. Consequently, Operators shall retain the right, power and authority to (1) issue such directives to Manager as are required by or appropriate under applicable law and regulations with respect to services of Manager, and (2) establish such policies and procedures as are required by or appropriate under applicable law and regulations with respect to any or all of the matters covered by this Agreement; all such directives and policies shall be binding upon, and complied with by Manager.
RESPONSIBILITIES OF OPERATORS
