Common use of Rights and Responsibilities of the District Clause in Contracts

Rights and Responsibilities of the District. As the owner of the System, the District retains the ultimate authority and control over the System. Without limiting the generality of the foregoing, the District’s specific rights and responsibilities with respect to the System shall include: (a) the right to approve all System rates and charges (as proposed by the Operator and subject to the provisions of Article 6 hereof); (b) the right to represent its interests, in coordination with the Operator, in connection with any interactions with industry or regulatory institutions or organizations; (c) the right to review and comment on the Program of Projects/Master Plan submitted by the Operator and all engineering and design plans developed for the expansion, improvement and operation of the System by the Operator; (d) the right (including reasonable audit rights during normal business hours and which do not interfere with the performance of the Operations and Construction Services hereunder) to information relating to Operations and Construction Services conducted under this Agreement by the Operator and any Contractors and Affiliates; (e) the right to be treated as a beneficiary of any performance bonds provided by Contractors of the Operator; (f) the right to receive from the Operator duly executed copies of all financing documents between the Operator and its lenders and other relevant documents as may be necessary for confirming that the funds necessary for the construction and successful commissioning of the System are available for disbursement; (g) the right to monitor the progress, quality, and condition of the System and to require the Operator to submit detailed reports of its progress in the construction of the East Bank Regional System; (h) the right to have access to the work performed by the Operator and its Contractors and to receive copies of all plans and designs in relation to the System; (i) the right to coordinate and control the performance of the Exit Test subject to the provisions of Section 9.4 hereof; (j) the right to (i) undertake such actions, (ii) receive additional information, (iii) consult with the representatives of the Operator and (iv) make recommendations to the Operator, in each case as may be reasonably necessary or appropriate to perform the District’s responsibilities and obligations under this Agreement and as may otherwise be necessary or appropriate to comply with the District’s legal, contractual and fiduciary obligations; provided, however, that notwithstanding anything in Section 4.2 hereof, this Section 4.4 shall be subject to and shall not be in limitation of the rights, authority and responsibilities of the Operator under Section 4.2 and Section 4.3 hereof; (k) the obligation to assist the Operator with the financing of the expansion, improvement of the System, as contemplated by Section 4.10(f); (l) the responsibility for the District’s legal matters, including its reporting and related compliance with Applicable Law; (m) the responsibility to (i) respond in a timely and adequate manner to all requests of the Operator for action or decision by the District with respect to all matters requiring the approval, review or consent of the District hereunder and as to such other matters relating to the obligations of the Operator hereunder as to which the Operator shall reasonably request the response of the District in accordance with the provisions of this Agreement and (ii) provide the Operator with such information, data and assistance as may be necessary or appropriate for the Operator to perform its obligations hereunder; (n) the responsibility to reasonably assist the Operator as necessary in its applications for the procurement of rights and approvals necessary or useful for the performance of the Operator’s obligations hereunder and to actively assist the Operator in expediting the procurement of such rights and approvals in a timely manner, provided that the Operator shall remain responsible for the payment of all applicable charges in respect of applications for rights and approvals; (o) the responsibility to use its best efforts to obtain and provide to the Operator such information and data as may be reasonably required by the Operator for planning and executing the System; (p) the responsibility to do all things reasonably requested by the Operator in order to assist the Operator in the collection of the sewer rates and other charges; (q) the responsibility to provide the Operator with all necessary and reasonable rights of access in connection with the construction of the System, subject to reasonable prior written advice with sufficient time for review and necessary coordination that is mutually agreed upon by the Parties; (r) the responsibility to provide the Operator with notices of requests for building permits submitted after the Effective Date, prior to their granting by the Parish as contemplated by Section 4.15; (s) the right to approve the Operator’s construction of additional treatment systems within or expansion of the District’s service area to any additional neighborhoods or developments outside of the Parish beyond those shown on Appendix I, which approval shall not be unreasonably withheld; (t) the right on the fifth, tenth, and fifteenth anniversary date of the Transfer Date to review the Operator’s compliance with the key benchmarks, milestones, and performance indicators agreed upon by the Parties; (u) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s authority by the Parish Council to enable the District to serve those portions of East Baton Rouge, and Xxxxxxxxxx, and Iberville parishes served by the Former AWT Assets being contributed to the District as contemplated by this Agreement and any other additional areas outside the Parish; and (v) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s enabling legislation by the Parish Council to permit representatives of East Baton Rouge, Xxxxxxxxxx and Iberville parishes to serve as members of the governing authority of the District or as a part of the District’s advisory board.

Rights and Responsibilities of the District. As the owner of the System, the District retains the ultimate authority and control over the System. Without limiting the generality of the foregoing, the District’s specific rights and responsibilities with respect to the System shall include: (a) the right to approve all System rates and charges (as proposed by the Operator and subject to the provisions of Article 6 hereof); (b) the right to represent its interests, in coordination with the Operator, in connection with any interactions with industry or regulatory institutions or organizations; (c) the right to review and comment on the Program of Projects/Master Plan submitted by the Operator and all engineering and design plans developed for the expansion, improvement and operation of the System by the Operator; (d) the right (including reasonable audit rights during normal business hours and which do not interfere with the performance of the Operations and Construction Services hereunder) to information relating to Operations and Construction Services conducted under this Agreement by the Operator and any Contractors and Affiliates; (e) the right to be treated as a beneficiary of any performance bonds provided by Contractors of the Operator; (f) the right to receive from the Operator duly executed signed and attested copies of all financing documents between the Operator and its lenders and other relevant documents as may be necessary for confirming that the funds necessary for the construction and successful commissioning of the System are available for disbursement; (g) the right to monitor the progress, quality, and condition of the System and to require the Operator to submit detailed reports of its progress in the construction of the East Bank Regional System; (h) the right to have access to the work performed by the Operator and its Contractors and to receive copies of all plans and designs in relation to the System; (i) the right to coordinate and control the performance of the Exit Test subject to the provisions of Section 9.4 hereof; (j) the right to (i) undertake such actions, (ii) receive additional information, (iii) consult with the representatives of the Operator and (iv) make recommendations to the Operator, in each case as may be reasonably necessary or appropriate to perform the District’s responsibilities and obligations under this Agreement and as may otherwise be necessary or appropriate to comply with the District’s legal, contractual and fiduciary obligations; provided, however, that notwithstanding anything in Section 4.2 hereof, this Section 4.4 shall be subject to and shall not be in limitation of the rights, authority and responsibilities of the Operator under Section 4.2 and Section 4.3 hereof; (k) the obligation to assist the Operator with the financing of the expansion, improvement of the System, as contemplated by Section 4.10(f); (l) the responsibility for the District’s legal matters, including its reporting and related compliance with Applicable Law; (m) the responsibility to (i) respond in a timely and adequate manner to all requests of the Operator for action or decision by the District with respect to all matters requiring the approval, review or consent of the District hereunder and as to such other matters relating to the obligations of the Operator hereunder as to which the Operator shall reasonably request the response of the District in accordance with the provisions of this Agreement and (ii) provide the Operator with such information, data and assistance as may be necessary or appropriate for the Operator to perform its obligations hereunder; (n) the responsibility to reasonably assist the Operator as necessary in its applications for the procurement of rights and approvals necessary or useful for the performance of the Operator’s obligations hereunder and to actively assist the Operator in expediting the procurement of such rights and approvals in a timely manner, provided that the Operator shall remain responsible for the payment of all applicable charges in respect of applications for rights and approvals; (o) the responsibility to use its best efforts to obtain and provide to the Operator such information and data as may be reasonably required by the Operator for planning and executing the System; (p) the responsibility to do all things reasonably requested by the Operator in order to assist the Operator in the collection of the sewer rates and other charges; (q) the responsibility to provide the Operator with all necessary and reasonable rights of access in connection with the construction of the System, subject to reasonable prior written advice with sufficient time for review and necessary coordination that is mutually agreed upon by the Parties; (r) the responsibility to provide the Operator with notices of requests for building permits submitted after the Effective Date, prior to their granting by the Parish as contemplated by Section 4.15;; and (s) the right to approve the Operator’s construction of additional treatment systems within or expansion of the District’s service area to any additional neighborhoods or developments outside of the Parish beyond those shown on Appendix I, which approval shall not be unreasonably withheld; (t) the right on the fifth, tenth, and fifteenth anniversary date of the Transfer Date to review the Operator’s compliance with the key benchmarks, milestones, and performance indicators agreed upon by the Parties; (u) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s authority by the Parish Council to enable the District to serve those portions of East Baton Rouge, and Xxxxxxxxxx, and Iberville parishes served by the Former AWT Assets being contributed to the District as contemplated by this Agreement and any other additional areas outside the Parish; and (v) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s enabling legislation by the Parish Council to permit representatives of East Baton Rouge, Xxxxxxxxxx and Iberville parishes to serve as members of the governing authority of the District or as a part of the District’s advisory board.

Rights and Responsibilities of the District. As the owner of the System, the District retains the ultimate authority and control over the System. Without limiting the generality of the foregoing, the District’s specific rights and responsibilities with respect to the System shall include: (a) the right to approve all System rates and charges (as proposed by the Operator and subject to the provisions of Article 6 hereof); (b) the right to represent its interests, in coordination with the Operator, in connection with any interactions with industry or regulatory institutions or organizations; (c) the right to review and comment on the Program of Projects/Master Plan submitted by the Operator and all engineering and design plans developed for the expansion, improvement and operation of the System by the Operator; (d) the right (including reasonable audit rights during normal business hours and which do not interfere with the performance of the Operations and Construction Services hereunder) to information relating to Operations and Construction Services conducted under this Agreement by the Operator and any Contractors and Affiliates; (e) the right to be treated as a beneficiary of any performance bonds provided by Contractors of the Operator; (f) the right to receive from the Operator duly executed copies of all financing documents between the Operator and its lenders and other relevant documents as may be necessary for confirming that the funds necessary for the construction and successful commissioning of the System are available for disbursement; (g) the right to monitor the progress, quality, and condition of the System and to require the Operator to submit detailed reports of its progress in the construction of the East Bank Regional System; (h) the right to have access to the work performed by the Operator and its Contractors and to receive copies of all plans and designs in relation to the System; (i) the right to coordinate and control the performance of the Exit Test subject to the provisions of Section 9.4 hereof; (j) the right to (i) undertake such actions, (ii) receive additional information, (iii) consult with the representatives of the Operator and (iv) make recommendations to the Operator, in each case as may be reasonably necessary or appropriate to perform the District’s responsibilities and obligations under this Agreement and as may otherwise be necessary or appropriate to comply with the District’s legal, contractual and fiduciary obligations; provided, however, that notwithstanding anything in Section 4.2 hereof, this Section 4.4 shall be subject to and shall not be in limitation of the rights, authority and responsibilities of the Operator under Section 4.2 and Section 4.3 hereof; (k) the obligation to assist the Operator with the financing of the expansion, improvement of the System, as contemplated by Section 4.10(f); (l) the responsibility for the District’s legal matters, including its reporting and related compliance with Applicable Law; (m) the responsibility to (i) respond in a timely and adequate manner to all requests of the Operator for action or decision by the District with respect to all matters requiring the approval, review or consent of the District hereunder and as to such other matters relating to the obligations of the Operator hereunder as to which the Operator shall reasonably request the response of the District in accordance with the provisions of this Agreement and (ii) provide the Operator with such information, data and assistance as may be necessary or appropriate for the Operator to perform its obligations hereunder; (n) the responsibility to reasonably assist the Operator as necessary in its applications for the procurement of rights and approvals necessary or useful for the performance of the Operator’s obligations hereunder and to actively assist the Operator in expediting the procurement of such rights and approvals in a timely manner, provided that the Operator shall remain responsible for the payment of all applicable charges in respect of applications for rights and approvals; (o) the responsibility to use its best efforts to obtain and provide to the Operator such information and data as may be reasonably required by the Operator for planning and executing the System; (p) the responsibility to do all things reasonably requested by the Operator in order to assist the Operator in the collection of the sewer rates and other charges; (q) the responsibility to provide the Operator with all necessary and reasonable rights of access in connection with the construction of the System, subject to reasonable prior written advice with sufficient time for review and necessary coordination that is mutually agreed upon by the Parties; (r) the responsibility to provide the Operator with notices of requests for building permits submitted after the Effective Date, prior to their granting by the Parish as contemplated by Section 4.15; (s) the right to approve the Operator’s construction of additional treatment systems within or expansion of the District’s service area to any additional neighborhoods or developments outside of the Parish beyond those shown on Appendix I, which approval shall not be unreasonably withheld; (t) the right on the fifth, tenth, and fifteenth anniversary date of the Transfer Date to review the Operator’s compliance with the key benchmarks, milestones, and performance indicators agreed upon by the Parties;; and (u) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s authority by the Parish Council to enable the District to serve those portions of East Baton Rouge, and Xxxxxxxxxx, and Iberville parishes served by the Former AWT Assets being contributed to the District as contemplated by this Agreement and any other additional areas outside the Parish; and (v) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s enabling legislation by the Parish Council to permit representatives of East Baton Rouge, Xxxxxxxxxx and Iberville parishes to serve as members of the governing authority of the District or as a part of the District’s advisory board.

Rights and Responsibilities of the District. As the owner of the System, the District retains the ultimate authority and control over the System. Without limiting the generality of the foregoing, the District’s specific rights and responsibilities with respect to the System shall include: (a) the right to approve all System rates and charges (as proposed by the Operator and subject to the provisions of Article 6 hereof); (b) the right to represent its interests, in coordination with the Operator, in connection with any interactions with industry or regulatory institutions or organizations; (c) the right to review and comment on approve the Program of Projects/Master Plan submitted by the Operator and all engineering and design plans plan developed for the expansion, improvement and operation of the System by the Operator; (d) the right (including reasonable audit rights during normal business hours and which do not interfere with the performance of the Operations and Construction Services hereunder) to information relating to Operations and Construction Services conducted under this Agreement by the Operator and any Contractors and Affiliates; (e) the right to be treated as a beneficiary of any performance bonds provided by Contractors of the Operator; (f) the right to receive from the Operator duly executed signed and attested copies of all financing documents between the Operator and its lenders and other relevant documents as may be necessary for confirming that the funds necessary for the construction and successful commissioning of the System are available for disbursement; (g) the right to monitor the progress, quality, progress and condition quality of the System and to require the Operator to submit detailed reports of its progress in the construction of the East Bank Regional System; (h) the right to have reasonable access to the work performed by the Operator and its Contractors and to receive copies of all plans and designs in relation to the System; (i) the right to coordinate and control the performance of the Exit Test subject to the provisions of Section 9.4 hereof; (j) the right to (i) undertake such actions, (ii) receive additional information, (iii) consult with the representatives of the Operator and (iv) make recommendations to the Operator, in each case as may be reasonably necessary or appropriate to perform the District’s responsibilities and obligations under this Agreement and as may otherwise be necessary or appropriate to comply with the District’s legal, contractual and fiduciary obligations; provided, however, that notwithstanding anything in Section 4.2 hereof, this Section 4.4 shall be subject to and shall not be in limitation of the rights, authority and responsibilities of the Operator under Section 4.2 and Section 4.3 hereof; (k) the obligation to assist the Operator with the financing of the expansion, improvement of the System, as contemplated by Section 4.10(f4.10(e); (l) the responsibility for the District’s legal matters, including its reporting and related compliance with Applicable Law; (m) the responsibility to (i) respond in a timely and adequate manner to all requests of the Operator for action or decision by the District with respect to all matters requiring the approval, review or consent of the District hereunder and as to such other matters relating to the obligations of the Operator hereunder as to which the Operator shall reasonably request the response of the District in accordance with the provisions of this Agreement and (ii) provide the Operator with such information, data and assistance as may be necessary or appropriate for the Operator to perform its obligations hereunder; (n) the responsibility to reasonably assist the Operator as necessary in its applications for the procurement of development rights and approvals approvals, and all other rights necessary or useful for the performance of the Operator’s obligations hereunder as it relates to this Agreement and to the execution of development rights, and actively assist the Operator in expediting the procurement of such rights and approvals in a timely manner, provided that the Operator shall remain responsible for the payment of all applicable charges in respect of applications for development rights and approvals; (o) the responsibility to use its best efforts to obtain and provide to the Operator such information and data as may be reasonably required by the Operator for planning and executing the System; (p) the responsibility to do all things reasonably requested by the Operator in order to assist the Operator in the collection of the sewer rates and other charges; (q) the responsibility to provide the Operator with all necessary and reasonable rights of access in connection with the construction of the System, subject to reasonable prior written advice with sufficient time for review and necessary coordination that is mutually agreed upon by the Partiesadvice; (r) the responsibility to provide the Operator with notices of requests for building permits submitted after the Effective Date, prior to their granting by the Parish as contemplated by Section 4.15;; and (s) the right to approve the Operator’s construction of additional treatment systems within or expansion of the District’s service area to any additional neighborhoods or developments outside of the Parish beyond those shown on Appendix I, which approval shall not be unreasonably withheld; (t) the right on the fifth, tenth, and fifteenth anniversary date of the Transfer Date to review the Operator’s compliance with the key benchmarks, milestones, and performance indicators agreed upon by the Parties; (u) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s authority by the Parish Council to enable the District to serve those portions of East Baton Rouge, and Xxxxxxxxxx, and Iberville parishes served by the Former AWT Assets being contributed to the District as contemplated by this Agreement and any other additional areas outside the Parish; and (v) the responsibility to present to the Parish Council for formal consideration the enactment of such amendments to the District’s enabling legislation by the Parish Council to permit representatives of East Baton Rouge, Xxxxxxxxxx and Iberville parishes to serve as members of the governing authority of the District or as a part of the District’s advisory board.