SERVICES AND RESPONSIBILITIES 2.1 Contractor hereby agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA and completed and completed within that certain number of days from the issuance of a Work Order by the NMCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “
Roles and Responsibilities 1. The Donor States shall make funds available in support of eligible programmes proposed by the Beneficiary State and agreed on by the Financial Mechanism Committee within the priority sectors listed in Article 3.1 of Protocol 38c and the programme areas listed in the Annex to Protocol 38c. The Donor States and the Beneficiary State shall cooperate on the preparation of concept notes defining the scope and planned results for each programme.
Obligations and Responsibilities 3.1 General obligations and role of the beneficiaries (including the coordinator). The beneficiaries:
Rights and Responsibilities This Agreement is our standard service agreement. Under this Agreement, we agree to provide and xxxx for Service, and you agree to use and pay for Service, as provided herein and in our other applicable Terms of Service. Our rights and responsibilities, and your rights and responsibilities, are as set forth in this Agreement and our other applicable Terms of Service.
Representations and Responsibilities You represent and warrant to us that any information you have given or will give us with respect to this agreement is complete and accurate. Further, you agree that any directions you give us or action you take will be proper under this agreement, and that we are entitled to rely upon any such information or directions. If we fail to receive directions from you regarding any transaction, if we receive ambiguous directions regarding any transaction, or if we, in good faith, believe that any transaction requested is in dispute, we reserve the right to take no action until further clarification acceptable to us is received from you or the appropriate government or judicial authority. We will not be responsible for losses of any kind that may result from your directions to us or your actions or failures to act, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act. We will not be responsible for any penalties, taxes, judgments, or expenses you incur in connection with your IRA. We have no duty to determine whether your contributions or distributions comply with the Code, regulations, rulings, or this agreement. We may permit you to appoint, through written notice acceptable to us, an authorized agent to act on your behalf with respect to this agreement (e.g., attorney-in-fact, executor, administrator, investment manager), but we have no duty to determine the validity of such appointment or any instrument appointing such authorized agent. We will not be responsible for losses of any kind that may result from directions, actions, or failures to act by your authorized agent, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act by your authorized agent. You will have 60 days after you receive any documents, statements, or other information from us to notify us in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If you do not notify us within 60 days, the documents, statements, or other information will be deemed correct and accurate, and we will have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this agreement we are acting as your agent. You acknowledge and agree that nothing in this agreement will be construed as conferring fiduciary status upon us. We will not be required to perform any additional services unless specifically agreed to under the terms and conditions of this agreement, or as required under the Code and the regulations promulgated thereunder with respect to IRAs. You agree to indemnify and hold us harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs, and expenses, including attorney’s fees arising from or in connection with this agreement. To the extent written instructions or notices are required under this agreement, we may accept or provide such information in any other form permitted by the Code or applicable regulations including, but not limited to, electronic communication.
SCOPE OF WORK AND RESPONSIBILITIES 1. Interconnection Customer’s Scope of Work and Responsibilities The Interconnection Customer will design, construct, own, operate and maintain the Interconnection Customer’s Interconnection Facilities and Collection Feeder Lines in accordance with the following requirements, to the extent not inconsistent with the terms of this Agreement, the ISO OATT or applicable NYISO Procedures: NYISO requirements, industry standards and specifications, regulatory requirements, the Connecting Transmission Owner’s applicable Connecting Transmission Owner’s Electric System Bulletins (“ESBs”), provided at the following website: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/ProNet/Technical-Resources/Electric- Specifications, the System Protection and Interconnection Customer Attachment Facilities Electric Installation Specification for Xxxxxxxxx Solar Project provided as Appendix C to the Facilities Study for the Small Generating Facility (“Project Specific Specifications”), as such specifications shall be modified as a result of the Interconnection Customer’s post Facilities SERVICE AGREEMENT NO. 2557 Study modifications to the Interconnection Customer’s Interconnection Facilities, and Good Utility Practice. The Interconnection Customer shall submit all engineering design and electrical specifications associated with the Interconnection Customer’s Interconnection Facilities to the Connecting Transmission Owner for its review and acceptance in accordance with the ESBs and Project Specific Specifications. The metering of any redundant or standby station service provisions at the Xxxxxxxxx Solar Collector Substation shall be added in accordance with the Connecting Transmission Owner’s retail tariff, P.S.C. No. 220, and the Connecting Transmission Owner’s ESB 750. As per the Project Specific Specifications, the Interconnection Customer will install the RTU provided by Connecting Transmission Owner in accordance with Connecting Transmission Owner’s ESBs, indoors and within 15 feet of the meter(s), and remote from: • heavy traffic areas, work areas, and loading areas; • heat producing or high electrostatic or electromagnetic field producing equipment; and • station batteries. (Note: If no indoor facility is available, then installation of the RTU and revenue metering equipment in a dedicated, weatherproof, heated cubicle (accessible only to Connecting Transmission Owner) is acceptable.) For the revenue metering, the Interconnection Customer shall install a meter panel in accordance with the Project Specific Specifications, ESB 752 and ESB 750. The Interconnection Customer shall mount the revenue metering CT/PT units, make grounding connections, and complete all primary wiring. The Interconnection Customer shall install the meter socket enclosure near the Connecting Transmission Owner’s RTU in accordance with the Project Specific Specifications. Additional right-of-way (“ROW”) will be required for the construction, operation, and maintenance of the Line 301 Tap and must accommodate the 125’ x 125’ work pads required for the installation of the new structures. The Interconnection Customer is responsible for obtaining the property/easements needed for the Line 301 Tap line, access roads to/from the Line 301 Tap, and work pads, in accordance with the standards set forth in the Connecting Transmission Owner’s Standards and Requirements Relating to Third Party Acquisition and Transfer of Real Property Interests to Niagara Mohawk Power Corporation for Electric Facilities and Survey Specifications (January 2019). The Interconnection Customer is responsible for all permitting. Upon termination of this Agreement, Interconnection Customer shall be responsible for all costs associated with the decommissioning and removal of the Connecting Transmission Owner’s Interconnection Facilities.
RESTRICTIONS AND RESPONSIBILITIES 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
Vendor Responsibilities Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED IN C-M, O-S, V-W. Indemnification
IRO Responsibilities The IRO shall:
MANAGEMENT RIGHTS AND RESPONSIBILITIES The Employer through its designated management personnel or agents has the right and responsibility, except as expressly modified by this Agreement, to control, change, and supervise all operations and to direct and assign work to all working forces. Such rights and responsibilities shall include by way of illustration but shall not be limited to: the selection and hiring, training, discipline and discharge, classification, reclassification, layoff, promotion and demotion or transfer of employees; the establishment of work schedules; the allocation of all financial and other resources; the control and regulation of the use of all equipment and other property of the Employer. The Employer shall determine the methods, technological means and qualifications of personnel by and for which operations are to be carried out. The Employer shall take whatever action as may be necessary to carry out its rights in any emergency situation. Application of this Article shall not preclude the use of the grievance procedure as established in this Agreement.
