Standard of Operation. Throughout the Term of this Lease, Tenant shall continuously operate (except during a Force Majeure Event) the Business and the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation maintained as of the Effective Date, as may be improved from time to time, including, without limitation, the following:
(a) to operate the Leased Property and the Business in a prudent manner and in compliance with Applicable Laws, Accessibility Laws, Legal Requirements and regulations relating thereto, and maintain all Permits and any other agreements necessary for the use and operation of the Business;
(b) to maintain sufficient P&E and Inventory of types and quantities for the Business to enable Tenant adequately to operate the Business;
(c) to keep all Leased Improvements and P&E located on the Land or used or useful in connection with the Business in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition;
(d) to maintain sufficient working capital to operate the Leased Property as herein required (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Property, including, without limitation, (i) amounts sufficient for the maintenance of change and xxxxx cash funds, amounts deposited in operating bank accounts, receivables, prepaid expenses, and (ii) funds required to (A) maintain Inventory, (B) pay all Operating Expenses as they become due, less accounts payable and accrued current liabilities, and (C) maintain the Leased Property in good repair, working order and condition);
(e) to keep, maintain, operate, and use the Leased Property and Business in compliance with the terms hereof, and at the level of operation conducted at the Facility as of the Effective Date;
(f) to recruit, train and employ appropriate personnel, and, if applicable, retain management services from an Affiliate or other qualified operator or service provider, approved by Landlord, for same; provided that to the extent an Affiliate is engaged to provide services upon the Leased Property, such Affiliate shall be compensated at the prevailing market rates for the area in which the Facility is located; and further provided that Tenant shall not enter into any agreement with an Affiliate or otherwise which purp...
Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following:
(a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards;
(b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standing;
(c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and
(d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition.
(e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities).
(f) to operate and use the Leased Premises to a standard consistent with national chain first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than ...
Standard of Operation. Subject to Section 3.6 and the terms of the Senior Loan Documents, the Company shall operate or cause to be operated the Properties at all times in a manner consistent with at least the standard of operation of the Properties as of the Effective Date (or, if greater, in accordance with the terms of the applicable franchise license agreements entered into by any Subsidiary).
Standard of Operation. 24 4.7 Resident Agreements and Service Licenses............................................26 4.8 Standards, Not Control..............................................................26 4.9 Survival............................................................................26
Standard of Operation. Except when a higher standard is required by this Contract, each of Buyer and Seller shall act to a standard that is equal to or higher than that of a reasonable and prudent operator and in accordance with good international industry standards relevant to their respective industries.
Standard of Operation. Terminal Operator shall on and from the Service Commencement Date provide, maintain and operate (or cause to be provided, maintained and operated) the Terminal in accordance with clause [10.1] of the Terminal Access Code.
Standard of Operation. Provider shall design, obtain permits, install, operate, and maintain the Project so as to keep it in good condition and repair, in compliance with all Applicable Laws and in accordance with the generally accepted practices of the electric industry, in general, and the solar generation industry, in particular. Provider shall provide the Director of Public Buildings an anticipated schedule of regular routine testing and maintenance. Such work shall be at Provider’s sole expense. Except for emergency situations or unplanned outages, Provider shall cause the work to be performed between the hours of 7:00 am and 7:00 pm Monday through Friday, and 8:30 am to 6:00 pm on Saturdays, in a manner that minimizes interference with Host / Site Access Manager, and their employees, visitors, students, tenants and licensees and their customers to the extent commercially practical. Provider shall ensure all contractors comply with the Town’s Noise By-Law. Provider shall, and shall cause its contractors to, keep the Site clear of debris, waste material and rubbish, and to comply with reasonable safety procedures established by the Director of Public Buildings for conduct of business on the Site.
Standard of Operation. Except as otherwise consented to by the Buyer, the Seller will ensure that the location, design, engineering, construction, Interconnection, commissioning, operation and maintenance of the Seller’s Plant are and will be carried out at all times during the Term:
(a) in accordance with the information in the Information Submittals in all material respects;
(b) in compliance with the Project Standards provided that if the requirements for Clean Energy are amended or replaced after the Effective Date, the Seller will make commercially reasonable efforts to operate the Seller’s Plant in a manner that allows the Energy to continue to qualify as Clean Energy under the new requirements; and
(c) by qualified and experienced individuals. The Seller will make commercially reasonable efforts to operate the Seller’s Plant such that the amount of Eligible Energy delivered to the POI in any hour does not exceed the Hourly Limit.
Standard of Operation. Manager shall operate and manage the Parking Facility at the highest level of the following three standards, on an activity-by activity basis:
(a) a first-class, efficient, safe and proper businesslike manner consistent with industry standards for the operation of comparable parking facilities in the Raleigh-Durham area, or
(b) the manner described in the Parking Garage Maintenance Manual, Fourth Edition (NPA Manual) as revised from time to time, or
(c) as required by any provision of this Agreement (including Exhibits), other than this Section 5.1(a). The expression “activity-by-activity basis” here and in Section 6.1 means that each activity is considered separately with respect to the standards. For example, if the standard set forth in (a) would be a higher level than the standard set forth in (b) or (c) for one activity but (b) would be a higher level than (a) or (c) for another activity, Manager shall comply with (a) in the former case and with (b) in the latter case. City may determine which the highest standard is.
Standard of Operation. Manager shall enforce parking regulations within the City of Durham in compliance with City Code or City ordinance and manage a limited resource by creating turnover of public parking spaces. Manager will comply with the scope of services set forth in Exhibit B. The Manager shall maintain and manage traffic within residential areas designated by the City as Controlled Parking Residential Areas as shown on Exhibit D, including, but not limited to those areas near North Carolina Central University and Duke University discouraging non-residents from utilizing parking on residential streets during hours of enforcement..
