Rights of County. 2.1: Except as specifically restricted by the terms of this Agreement, the customary and usual rights, powers, functions and authority of Management are vested in the Employer. These rights include, but are not limited to, those provided by statute or law along with the right to hire, direct, promote, transfer, assign, and retain employees in positions within the Department. Further, to suspend, demote, discharge (including failure to reappoint), or take other disciplinary action but only for just cause, and to maintain the efficient administration of the Employer. It is also agreed that the Employer retains the right to determine the method, means, and personnel, employees or otherwise, by which the business of the Employer shall be conducted, and to take whatever action is necessary to carry out the duty and obligation of the Employer to the taxpayers thereof.
Rights of County. The County reserves the right to reject all or any part of any bid, waive informalities, and award the contract to the lowest responsive and responsible bidder to best serve the interest of the County. Informality shall mean a minor defect or variation of a bid from the exact requirements of the Invitation to Bid which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.
Rights of County. The termination of the Franchise Grant and Contract shall in no way affect any of the rights the County may have under the provisions of the Franchise Grant and Contract which survive termination or any provision of law. 14-3-17 Chapter 17: Arbitrary and Capricious Action by the Company If, as a result of a dispute between the Company and the County and prior to a settlement of that dispute as provided herein, the Company arbitrarily or capriciously discontinues service to its subscribers, the Company shall forfeit its rights of notice and a hearing as provided herein, and the Xxxxx County Council may, by resolution, declare the Franchise Grant and Contract immediately terminated and the County shall, forthwith, seek appropriate judicial injunctive relief and shall proceed to exercise its rights and powers as provided for herein.
Rights of County. In the event the Company and its lenders fail to decommission the Project in accordance with the requirements of this Agreement, the County may, in its sole election and following written notice to Company and its lenders, undertake the decommissioning of the Project. The County’s election to decommission all or any portion of the Project shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Project. In the event the County elects to undertake the decommissioning of the Project, it may make a claim(s) upon the Decommissioning Security to the Decommissioning Security provider for an amount up to the Net Salvage Value, subject to the limitations set forth herein. Any claim made by the County upon the Decommissioning Security shall be limited to such expenses incurred by the County for the removal of all structures and the restoration of the soil and vegetation with the Project, as set forth in this Agreement and the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
Rights of County. 9 Section 2.1 ....................................... 9 Section 2.2 ....................................... 9 Section 2.3 ....................................... 9 Section 2.4 ....................................... 10 Section 2.5 ....................................... 10 Section 2.6 ....................................... 10 Section 2.7 ....................................... 10 Section 2.8 ....................................... 10 ARTICLE III, UNION REPRESENTATIVE ...................... 11 Section 3.1 ....................................... 11 Section 3.2 ....................................... 11 Section 3.3 ....................................... 11 Section 3.4 ....................................... 11 Section 3.5 ....................................... 11 Section 3.6 ....................................... 11
Rights of County. In the event Developer, its investors, or its lenders fail to perform Decommissioning Services in accordance with the requirements of this Agreement, the County may undertake the Decommissioning Services and may make a claim on the Restoration Security to pay a third party to complete the decommissioning obligations of Developer. The County’s election to decommission all or any portion of the Wind Project shall not create an obligation on the County, landowners, or any other third-party to complete the Decommissioning Services. In the event the County elects to undertake any of the Decommissioning Services, it may make a claim(s) upon the Restoration Security to the Security Provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Security shall be limited to such expenses incurred by the County or its agent for the Decommissioning Services according to the standards set forth in this Agreement, including reasonable professional fees. In addition to the County’s right to make a claim upon the Restoration Security, if the Developer fails to decommission the Wind Project in accordance with the terms of this Agreement, the County shall also have the right to: (a) seek injunctive relief available under applicable law to effect or complete the decommissioning of the Wind Project; (b) seek reimbursement from Developer, its successors or assigns, for any documented and reasonable costs of decommissioning the Wind Project incurred by the County in excess of the funds available under the Restoration Security; and (c) seek all remedies at law.
Rights of County. In the event of Discontinuation of Use, if the Company and its lenders fail to decommission the Wind Farm in accordance with the requirements of the Ordinance, the County may, in its sole election, undertake the decommissioning of the Wind Farm. The County’s election to decommission all or any portion of the Wind Farm shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Wind Farm. In the event the County elects to undertake the decommissioning of the Wind Farm, it may make a claim(s) upon the Restoration Fund to the Bond Provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Fund shall be limited to such expenses incurred by the County for the removal of all structures including up to a depth of four (4) feet below the surface and the restoration of the Wind Farm area, as set forth in Section 1.9.3 of the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
Rights of County. To accomplish the purposes of the Easement, District conveys to County the right:
Rights of County. 1. The operation of the Departments and the direction of the working employees are, subject to the terms of this contract, solely vested in the County and its officers. This includes but is not limited to the establishment of policy, working schedules, the right to hire, promote, suspend, or discharge for just cause employees, and to transfer employees from one duty to another.
Rights of County. In the event that, after one (1) year from the discontinuation of commercial operation, the Company and its lenders fail to decommission the Project in accordance with the requirements of the Ordinance, the County may, in its sole election, undertake the decommissioning of the Project. Company hereby grants County an express license to enter the Project property to effectuate such decommissioning. The County’s election to decommission all or any portion of the Project shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Project. In the event the County elects to undertake the decommissioning of the Project, it may make a claim(s) upon the Restoration Fund to the Restoration Fund provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Fund shall be limited to such expenses incurred by the County for the removal of all structures and the restoration of the soil and vegetation with the Project, as set forth in the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
