The Operations. The Company shall:
12.1.1 carry out the New Works in accordance with and subject to the provisions of this Agreement;
12.1.2 carry out Restricted Services on the Restricted Services Roads (i) in accordance with and subject to the provisions of this Agreement and (ii) from the Restricted Services Commencement Date until the relevant Detrunking Date;
12.1.3 carry out the O&M Works in accordance with and subject to the provisions of this Agreement;
12.1.4 transfer each of the Third Party Roads to the relevant third party on or after the date of the relevant Third Party Road Completion Certificate;
12.1.5 remedy to the Contracting Authority’s reasonable satisfaction, and within such reasonable time as the Contracting Authority may specify having regard to the nature of the Defect, all Defects occurring in:
(a) the Accommodation Works, insofar as notified to the Company by the Contracting Authority within sixty (60) months of Final Completion; and
(b) each of the Third Party Roads, insofar as notified to the Company by the Contracting Authority within sixty (60) months of the date of the relevant Third Party Road Completion Certificate; and
12.1.6 liaise with any contractor appointed by Aberdeen City Council to construct the A96 Park and Choose and Dyce Drive Link Road and/or by Aberdeenshire Council to construct the X00 Xxxxx Xxxx and Choose site. This liaison shall include agreeing reasonable requests in respect of phasing of work at site interfaces.
The Operations. The Company shall:
12.1.1 carry out the New Works in accordance with and subject to the provisions of this Agreement;
12.1.2 carry out the O&M Works in accordance with and subject to the provisions of this Agreement;
12.1.3 carry out Restricted Services on the Project Roads;
12.1.4 transfer the Third Party Roads to the relevant third party prior to the Full Services Commencement Date;
12.1.5 remedy to the Scottish Ministers’ (and in relation to Clause 12.1.5(b) below Network Rail's) reasonable satisfaction, and within such reasonable time as the Scottish Ministers may specify having regard to the nature of the Defect, all Defects occurring in:
(a) the Accommodation Works and/or the Third Party Roads in each case insofar as notified to the Company by the Scottish Ministers within 60 months of Final Completion; and
(b) the Rail Underbridge insofar as notified to the Company by the Scottish Ministers and/or Network Rail within twelve (12) months of Final Completion.
The Operations. 6.1 Lama acknowledges having been advised that Global, pursuant to the assignment of van Wyk's rights and obligations under the first agreement and the second addendum, wishes to conduct prospecting operations only during the remainder of the contract period (which, if not terminated earlier, shall expire on 31 December 1995) with the view to enabling Global to assess whether or not to exercise the option to acquire the Precious Stones Lease as more fully dealt with in clause 9 below.
6.2 Lama accordingly acknowledges that full-scale digging operations will not take place during the remainder of the contract period and Lama hereby waives the required minimum working rate referred to in clauses 4.2 and 4.3 of the first agreement.
6.3 Global indemnifies Lama against and undertakes to compensate Lama for all claims of whatsoever nature which might be brought against Lama by any person as a result of any act or omission on the part of Global or any of Global's employees, subcontractors, consultants, representatives or invitees.
6.4 Global warrants that Global shall not under any circumstances do or omit to do anything which might prejudice Lama's relationship with the State under the Precious Stones Lease.
The Operations. Bakery Manager will respond within a reasonable period of time, but by no later than close of business the following administration working day.
The Operations. Consultancy Service Provider grants to the Owner, a global, royalty-free, non-transferable, permanent, irrevocable, non-exclusive licence (including the right to grant royalty-free sub licences) to use the Intellectual Property Rights and the Proprietary Information referred to in Clause 20.1 in connection with the management, operation, and maintenance of the Facilities. This licence shall survive the termination of this Agreement for an unlimited period of time.
The Operations. Consultancy Service Provider shall indemnify, defend and hold harmless the Owner and Owner’s Related Parties including its Shareholders, Board of Directors, Management and Staff from and against any and all Claims made against and Loss suffered by them, as follows:
(a) arising from loss of or damage to real or personal property of any third party (including any End-User) or death of or injury to any third party (including any End-User) that arises out of or is in any manner connected with the performance of the Services or this Agreement;
(b) under every applicable Environmental Law arising out of the condition of the Site or the Operations Consultancy Service Provider’s operation of the Facilities (including the discharge, release, storage, treatment, generation, pollutants or other toxic or hazardous substances from the Facilities, the contamination of the soil, air, surface water or groundwater at or around the Site or any pollution, abatement, replacement, removal or other decontamination or monitoring obligations) except to the extent where such Claim or Loss arises out of the condition of the Site or Facilities (or part thereof) existing as at the CDCO;
(c) arising from the Operations Consultancy Service Provider’s non-compliance with any Authorisation or any notice or direction of a Governmental Authority;
(d) under any Law arising out of the Operations Consultancy Service Provider’s management, operation, and maintenance of the Facilities;
(e) arising from the breach of any third party’s Intellectual Property Rights (where provided by or on behalf of the Operations Consultancy Service Provider);
(f) for any physical loss of or damage to the Facilities or any assets or property of the Owner or any other of the Owner’s Related Party arising by reason of any act or omission of the Operations Consultancy Service Provider;
(g) in the event that any End-User asserts or exercises any right against the Owner under or in connection with the End-User Agreement in regard to any matter in respect of which the Owner is entitled to assert a right against the Operations Consultancy Service Provider under or in connection with this Agreement;
(h) arising out of the Operations Consultancy Service Provider bring any action against third parties (including the End-Users); and
(i) for any demurrage Claims. except to the extent that the Loss or Claim is attributable to the gross negligence or willful misconduct of, or breach of the Agreement by, the Owner or any of the...
The Operations. Maintenance Department shall receive the machine’s unloading instructions (and for a line of machines, also the sequence of their arrangement). The manufacturer or supplier shall make available its own unloading equipment (lifting slings, ropes, cross-beams). The presence of an observer (coordinator) on the side of the machine contractor or manufacturer is required during the unloading operations
The Operations. The Company shall:
12.1.1 carry out the New Works in accordance with and subject to the provisions of this Agreement;
12.1.2 carry out the O&M Works in accordance with and subject to the provisions of this Agreement;
12.1.3 subject to 12.1A remedy to the Scottish Ministers’ reasonable satisfaction, and within such reasonable time as the Scottish Ministers may specify having regard to the nature of the Defect, all Defects occurring in:
(a) the Accommodation Works, insofar as notified to the Company by the Scottish Ministers within 60 months of Final Completion;
(b) the A80 Improvements, insofar as notified to the Company by the Scottish Ministers within 12 months of Final Completion; and
(c) all other parts of the New Works not included in the Company’s obligations in respect of the O&M Works, insofar as identified to the Company by the Scottish Ministers within 60 months of Final Completion, provided that the Company shall in no circumstances be required to remedy such Defect to a standard higher than the standard specified in this Agreement, and
12.1.4 finance the activities referred to in Clauses 12.1.1 to 12.1.3 at its own cost and risk.
