Developer Operating Requirements (a) Developer must comply with all applicable NYISO tariffs and procedures, as amended from time to time.
Operations As of the date hereof, the Company has not conducted, and prior to the IPO Closing the Company will not conduct, any operations other than organizational activities and activities in connection with offerings of its securities.
Interim Operations The Company covenants and agrees as to itself and its Subsidiaries that, after the date of this Agreement and prior to the Effective Time (unless Parent shall otherwise approve in writing, and except as otherwise expressly contemplated by this Agreement) and except as required by applicable Law, (a) the business of the Company and its Subsidiaries shall be conducted in the ordinary and usual course, (b) each of the Company and its Subsidiaries shall use its reasonable best efforts to preserve its business organizations and assets intact and maintain its rights, franchises, powers and privileges and its existing relations and goodwill with Governmental Authorities, customers, suppliers, distributors, creditors, lessors, employees and business associates and keep available the services of the Company and its Subsidiaries’ present employees and agents, and (c) subject to Section 5.10, the Company and its Subsidiaries shall take no action that would reasonably be expected to adversely affect or materially delay the ability of the Company to obtain any necessary approvals of any Regulatory Authorities or other Governmental Authority required for the transactions contemplated hereby, to perform its covenants and agreements under this Agreement or to consummate the transactions contemplated hereby on a timely basis. Without limiting the generality of and in furtherance of the foregoing, from the date of this Agreement until the Effective Time, except (A) as otherwise expressly required by this Agreement or as required by Law, (B) as Parent may approve in writing (such approval not to be unreasonably withheld or delayed) or (C) as set forth in Section 5.01 of the Company Disclosure Schedule, the Company shall not and shall not permit its Subsidiaries to:
Owner-Operators Owner-operated and manned rented equipment shall in no way be used to circumvent the intentions and provisions of this Agreement. Owner-operated and manned rented equipment shall pay permit fees for all work performed in the first three (3) days in accordance with this Article. Where owner-operated equipment performs work for which he has been engaged and works beyond three (3) calendar days, he shall thereafter become an Employee and be entitled to all of the provisions of this Agreement. The Union will be notified as stipulated in Article 4:03 before an owner-operator is employed on a jobsite. Initial transportation expenses will not apply to owner-operators hired under this clause. In consideration of the special status of owner operators, each owner operator shall contribute for each hour worked to the periodic dues identified in Article 4:02 and funds as identified in Articles 13:03 and 13:04 and the Contract Administration and Industry Development Fees as identified in Article 20:00.