Retention of Operator Sample Clauses

Retention of Operator. The Company hereby retains the Operator to perform the Services. The Operator hereby accepts such retention and agrees to perform the Services in accordance with this Agreement.
Sample 1
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Retention of Operator. The Company hereby retains Operator as an independent contractor to operate, manage and maintain the Plant and Plant Site according to the terms and conditions of this Agreement. Nothing in this Agreement shall be construed to create a joint venture, partnership, mining partnership, or any other similar arrangement between the Company and Operator, nor to authorize either Party to act as agent for the other Party, except as expressly set forth in this Agreement. Operator hereby accepts such engagement and responsibilities and agrees that it shall perform the obligations and duties described herein as an independent contractor in accordance with the authority granted to Operator herein and the terms and conditions of this Agreement.
Sample 1
Retention of Operator. The Xxxxx Entities hereby retain Operator, and any of Operator’s subsidiaries to which Operator delegates any of its obligations or responsibilities under this Agreement, as the operator of the Systems for the Term.
Sample 1
Retention of Operator. 2 ARTICLE II DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . .2
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Retention of Operator. The Company hereby retains Operator as an independent contractor to recover, excavate, dredge, extract, and remove Mine Waste contained in the Impoundment using the Beneficiation Equipment; operate, manage, make approved modifications to and maintain the Beneficiation Equipment for the processing, beneficiation, washing, and drying of Mine Waste to produce coal fines that Operator will deliver to Xxxxx for further processing by Xxxxx to produce Briquettes pursuant to the O&M Agreement; and to operate, manage, and maintain the Pond Site; all according to the terms and conditions of this Agreement. Nothing in this Agreement shall be construed to create a joint venture, partnership, mining partnership, or any other similar arrangement between the Company and Operator, nor to authorize either Party to act as agent for the other Party, except as expressly set forth in this Agreement. Operator hereby accepts such engagement and responsibilities and agrees that it shall perform the obligations and duties described herein as an independent contractor in accordance with the authority granted to Operator herein and the terms and conditions of this Agreement.
Sample 1
Retention of Operator. The City hereby retains the Operator for the management and operation of the Golf Courses and all related facilities and services, including, but not limited to, the Golf Courses, Pro Shops, Restaurants, Driving Ranges, Golf Cart Rentals and Barns, restrooms, and all other buildings located at the Golf Courses, excluding the golf course maintenance buildings.
Sample 1
Retention of Operator 
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Related to Retention of Operator

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Resignation of Operator Subject to Article 4.11, Operator may resign as Operator at any time by so notifying the other Parties at least one hundred and twenty (120) Days prior to the effective date of such resignation.

  • Statement of Operations d. Statement of Changes in Net Assets.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

  • Continuity of Operations (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Hours of Operation Tenant will carry on its business diligently and continuously in the Premises and will keep the Premises open for business not less than sixteen (16) consecutive hours each day seven (7) days per week, including holidays. Director or his/her representative may, from time to time, change such required hours of operation, in which event, Tenant will remain open during such revised hours. Similarly, Tenant may, from time to time, request to revise its hours of operation. Such change must be approved by Director or his/her representative, in writing, prior to its occurrence. Tenant may not, at any time, vacate or abandon the Premises.

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.

  • Definition of Operating Expenses (a) Subject to the exclusions and provisions hereinafter contained, the term "

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