Transfer of Project Benefits and Responsibilities to a New Owner Sample Clauses

Transfer of Project Benefits and Responsibilities to a New Owner. The Project Signatories expect that the implementing mechanisms will allow for a transfer of a sponsor’s benefits and responsibilities under the agreement to any future owner or operator upon request of the sponsor and the new owner or operator, provided that the following conditions are met: 1. The sponsor will provide written notice of any such proposed transfer to the EPA and any relevant authorities at least ninety (90) days before the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the agreement, and a statement of the new owner or operator’s intention to take over the responsibilities in the agreement of the existing owner or operator. 2. Within forty-five (45) days of receipt of the written notice, the Project Signatories expect that EPA and any relevant authorities, in consultation with stakeholders will determine whether: 1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL agreement; 2) is willing to take over the responsibilities in the XL agreement of the existing owner or operator; and 3) is otherwise an appropriate sponsor. Other relevant factors, including the new owner or operator’s record of compliance with Federal, State and local environmental requirements, may be considered as well. It will be necessary to modify the Agreement to reflect the new owner and it may also be necessary for EPA and any relevant authorities to amend appropriate rules, permits, or other implementing mechanisms (subject to applicable public notice and comment) to transfer the legal rights and obligations of the sponsor under this agreement to the proposed new owner or operator.”
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
Transfer of Project Benefits and Responsibilities to a New Owner. The parties expect that the implementing mechanisms will allow for a transfer of Yolo county’s benefits and responsibilities under the Project to any future owner or operator upon request of Yolo county and the new owner or operator, provided that the following conditions are met: A. Yolo County will provide written notice of any such proposed transfer to the EPA, the state of California, and all applicable local agencies at least ninety (90) days before the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the Project, and a statement of the new owner or operator’s intention to take over the responsibilities in the XL Project of the existing owner or operator. B. Within forty-five (45) days of receipt of the written notice, the parties expect that EPA, the state of California, and all applicable local agencies in consultation with all stakeholders, will determine whether: 1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL Project; 2) is willing to take over the responsibilities in the XL Project of the existing owner or operator; and 3) is otherwise an appropriate Project XL partner. Other relevant factors, including the new owner or operator’s record of compliance with Federal, State and local environmental requirements, may be considered as well. It is expected that the implementation mechanism will provide that, so long as the demonstration has been made to the satisfaction and unreviewable discretion of EPA, the state of California, and all applicable local agencies and upon consideration of other relevant factors, the FPA will be modified to allow the proposed transferee to assume the rights and obligations of Yolo county. In the event that the transfer is disapproved by any agency, withdrawal or termination may be initiated, as provided in Section XI. It will be necessary to modify the Agreement to reflect the new owner and it may also be necessary for EPA, the state of California, and all applicable local agencies to amend appropriate rules, permits, or other implementing mechanisms (subject to applicable public notice and comment) to transfer the legal rights and obligations of Yolo county under this Project to the proposed new owner or operator. The rights and obligations of this project remain with Yolo county prior...
Sample 1Sample 2See All (4)
Transfer of Project Benefits and Responsibilities to a New Owner. The Parties expect that the implementing mechanisms will allow for a transfer of PPG’s benefits and responsibilities under the Project to any future owner or operator upon request of PPG and the new owner or operator, provided that the following conditions are met: PPG will provide written notice of any such proposed transfer to the EPA at least ninety (90) days before the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the Project, and a statement of the new owner or operator’s intention to take over the responsibilities in the XL Project of the existing owner or operator. (1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL Project; (2) is willing to take over the responsibilities in the XL Project of the existing owner or operator; and (3) is otherwise an appropriate Project XL partner. Other relevant factors, including the new owner or operator’s record of compliance with Federal, State and local environmental requirements, may be considered as well. It will be necessary to modify the Agreement to reflect the new owner and it may also be necessary for EPA to amend appropriate rules, permits, or other implementing mechanisms (subject to applicable public notice and comment) to transfer the legal rights and obligations of PPG under this Project to the proposed new owner or operator.
Sample 1Sample 2
Transfer of Project Benefits and Responsibilities to a New Owner. The Parties expect that the implementing mechanisms will allow for a transfer of Georgia- Pacific’s benefits and responsibilities under the Project to any future owner or operator upon request of Georgia-Pacific and the new owner or operator, provided that the following conditions are met: A. Georgia-Pacific will provide written notice of any such proposed transfer to the EPA, VADEQ and other signatories at least ninety (90) days before the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the Project, and a statement of the new owner or operator’s intention to take over the responsibilities in the XL Project of the existing owner or operator. B. Within forty-five (45) days of receipt of the written notice, the Parties expect that EPA and VADEQ, after consultation with other stakeholders, will determine whether: 1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL Project; 2) is willing to take over the responsibilities in the XL Project of the existing owner or operator; and 3) is otherwise an appropriate Project XL partner.
Sample 1
Transfer of Project Benefits and Responsibilities to a New Owner. The parties expect that the implementing mechanisms will allow for a transfer of Progressive’s benefits and responsibilities under the Project to any future owner or operator upon request of progressive and the new owner or operator, provided that the following conditions are met: A. Progressive will provide written notice of any such proposed transfer to the EPA at least 90 days prior the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the project, and a statement of the new owner’s intention to take over responsibilities in the XL Project of the existing owner or operator. B. Within 45 days of receipt of the written notice, the parties expect that EPA, in consultation with appropriate stakeholders, will determine whether 1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL Project; 2) is willing to take over the responsibilities in the XL Project of the existing owner or operator and 3) is otherwise an appropriate Project XL partner.
Sample 1
Transfer of Project Benefits and Responsibilities to a New Owner. The parties expect that the implementing mechanisms will allow for a transfer of IP’s benefits and responsibilities under the Project to any future owner or operator upon request of IP and the new owner or operator, provided that the following conditions are met:
Sample 1
Transfer of Project Benefits and Responsibilities to a New Owner. If applicable, this section describes what would happen if the facility were sold or new owners or operators took over.
Sample 1
AutoNDA by SimpleDocs
Transfer of Project Benefits and Responsibilities to a New Owner. The parties expect that the implementing mechanisms will allow for a transfer of Buncombe County’s benefits and responsibilities under the Project to any future owner or operator upon request of Buncombe County and the new owner or operator, provided that the following conditions are met: A. Buncombe County will provide written notice of any such proposed transfer to the EPA, the State of North Carolina, and all applicable local agencies at least ninety (90) days before the effective date of the transfer. The notice is expected to include identification of the proposed new owner or operator, a description of its financial and technical capability to assume the obligations associated with the Project, and a statement of the new owner or operator’s intention to take over the responsibilities in the XL Project of the existing owner or operator. B. Within forty-five (45) days of receipt of the written notice, the parties expect that EPA, the State of North Carolina, and all applicable local agencies in consultation with all stakeholders, will determine whether: (1) the new owner or operator has demonstrated adequate capability to meet EPA’s requirements for carrying out the XL Project; (2) is willing to take over the responsibilities in the XL Project of the existing owner or operator; and, (3) is otherwise an appropriate Project XL partner. Other relevant factors, including the new owner or operator’s record of compliance with Federal, State and local environmental requirements, may be considered as well. It is expected that the implementation mechanism will provide that, so long as the demonstration has been made to the satisfaction and unreviewable discretion of EPA, the State of North Carolina, and all applicable local agencies and upon consideration of other relevant factors, the FPA will be modified to allow the proposed transferee to assume the rights and obligations of Buncombe County. In the event that the transfer is disapproved by any agency, withdrawal or termination may be initiated, as provided in Section XI. It will be necessary to modify the Agreement to reflect the new owner and it may also be necessary for EPA, the State of North Carolina, and all applicable local agencies to amend appropriate rules, permits, or other implementing mechanisms (subject to applicable public notice and comment) to transfer the legal rights and obligations of Buncombe County under this Project to the proposed new owner or operator. The rights and obligations of th...
Sample 1

Related to Transfer of Project Benefits and Responsibilities to a New Owner

  • EMPLOYEE RIGHTS AND RESPONSIBILITIES A. A secretary shall strive for excellence in his/her work, and take advantage of opportunities for continually improving his/her skills and relationships with the Board, co-workers, and the public. B. The Association and individual members thereof, agree to uphold and honor the policies, rules, regulations and practices of the Board and sections of this Agreement. Neither the Association, its representatives, nor any member, shall assume administrative or supervisory authority or direct employees to disregard the instructions or directions of the Board unless the Board is limited by this Agreement. C. Secretaries are responsible for maintaining a continuous high level of service to the welfare and benefit of the school district. Secretaries, therefore, are responsible for discharging their work assignments with proficiency and making a conscientious effort to meet all the duties of their positions. D. No Association representative, or secretary, shall engage in Association activities or business during employee working hours, without Board approval. E. The Association is hereby granted the right to reasonable use of school premises for its business meetings, after receiving prior approval from the Board, and providing it pays any overtime costs which may be incurred by the District. F. The Association may have reasonable use of the District's mail service and mailboxes for its business and social event announcements and may post notices on a part of the school bulletin boards in building lounges, provided all such announcements and notices contain the name of the Association officer or representative authorizing the same. G. Nothing in this Contract shall be construed to deny or restrict an employee's rights under the Michigan General School Laws, or applicable civil laws. The rights granted in this Contract are deemed to be in addition to those provided elsewhere. This paragraph is not deemed grievable under the grievance procedure herein. H. When the Board disciplines employees, it will not be arbitrary or unreasonable. No Seniority bargaining unit member shall be disciplined without just cause. I. A suspended or discharged seniority employee will be allowed to discuss his/her suspension or discharge with the President or Vice President for up to thirty (30) minutes. Nothing contained herein, however, shall prevent the Board from requiring the summary removal of the offending employee, if it appears that the safety of any person, property, or the maintenance of order requires such summary removal. J. The purpose of the installation of cameras/monitors is to increase the safety and security in that building. The Association, upon request, is entitled to information detailing where cameras/monitors are located in each building. It is specifically understood that surveillance equipment (i.e. cameras) cannot be used for purposes of staff evaluation or monitoring. It is understood that situations may arise warranting review of video. If any incident of illegal activity of staff is observed on the video, the Association will be immediately notified and will be given the opportunity to review the tape(s) within three (3) days of receipt of the notice.

  • Acknowledgement of Services and Responsibility of the Manager The Resident acknowledges that neither the Manager nor the Institution stands in loco parentis with respect to the Resident. The Residence provides living accommodations for independent students who are to be responsible and accountable for their personal needs and their interactions with their fellow residents as opposed to residential care. The Manager is responsible for the maintenance and operation of the residence. The Manager, in consultation with the Institution, may from time to time, in its sole and unfettered discretion, establish and/or amend policies, protocols and guidelines to uphold and ensure compliance with the standards set forth by the Manager, all of which will constitute part of the Residence Community Living Standards or Institution Code of Conduct, as appropriate. The Resident hereby acknowledges and agrees that they are solely responsible for their compliance with / review of such policies, protocols and guidelines (as may be created, amended, revised or restated by the Manager) found at xxx.xxxxxxxxxxxxxxxxx.xx.

  • Board of Trustees’ Responsibilities 5.2.1 The Board of Trustees will be responsible for the operational and financial sustainability of the Trust, including: a) Validation of the sustainability of the respective Plan Design;

  • Duties and Responsibilities of Manager During the Term, subject to the provisions of Section 3.1 herein, Manager shall provide, in exchange for the Management Fee, all such services as are necessary and appropriate for the day-to-day administration and management of Practice in a manner consistent with good business practice, including without limitation those services set forth in this Article 2.

  • UNION RIGHTS AND RESPONSIBILITIES A. A written list of unit officers, committeemen and stewards shall be furnished to the Board within fifteen (15) days after signing of this Agreement. Any changes in such membership shall be transmitted in writing to the Board within fifteen (15) days of such change. B. Recognizing that the safety and well-being of students are a paramount responsibility of the school bus drivers, employees shall be expected to exercise reasonable care with respect to the safety of pupils and property and shall discharge their duties and responsibilities to said students and property according to Michigan school laws and Board and administrative policies and directives. Such policies and directives shall not conflict with the provisions of this Agreement or any law of the State of Michigan nor the United States. C. The Union shall have the right to use school facilities for meetings providing it has secured the approval of the Board one (1) week in advance. The Union agrees that any additional or unusual expense incurred as a result of such use shall be reimbursed to the Board by the Union. D. A bulletin board no smaller than 2' by 3' shall be provided in the bus garage driver lounge area, upon which the Union may post announcements, notices of meetings, results of Union elections and notices pertaining to nominations and elections. The bulletin board shall not be used for political purposes or for purposes other than the above. E. Duly authorized representatives of the Union, international, local or unit, shall be permitted to transact official Union business on school property provided that they do not interfere with or interrupt work activities or normal school operation. The Union agrees to advise the Board of such meetings, discussions or other activities that it may wish to transact pertinent to the employees and shall transact such business on the employees' own time and in private. F. It is the responsibility of the Union to honor Board policies and administrative regulations. Neither the Union, its representatives nor any member shall direct employees to disregard the instructions or directions of administrators or supervisors so long as such policies, directions, instructions, or regulations do not conflict with the terms of this Agreement or any law of the State of Michigan or the United States. The Union further agrees that in the event of a grievance which is to be processed under the provisions of Article VI herein there shall be no stoppage of work because of such grievance. The Board will make available copies of Board policies and administrative regulations to the Union. G. The Union and the Board mutually agree to provide each other with any information which shall be deemed appropriate in the processing of any grievance under the provisions of Article VI herein. H. It shall be the responsibility of the individual employee to meet the conditions of employment for bus drivers as required by the State of Michigan Department of Education, and the Board. The Board assumes no financial or other responsibility for any of these requirements except as herein provided. I. Each driver is responsible for keeping the Board advised in writing of any change in name or change in address. The driver is solely responsible for any errors or omissions occasioned by his or her neglect in keeping the Board so advised, and any communication addressed to an employee at his or her last address on record with the employer shall constitute notice to the employee of the contents of such communication. J. Employees are expected to take advantage of opportunities for continually improving their skills and relationship with their co-workers and with the public. K. Drivers are expected to maintain routes, time schedules, and other work assignments as established by the Board. L. The Board recognizes and will deal with elected or appointed committeemen, members of the unit, or any representative of the international or local Union in all matters relating to grievances, interpretations of the Agreement, or in other matters which affect, or may affect the relationship between the Board and the Union. M. The Union Bargaining Committee shall be composed of a Local Union Representative, the Unit President, Vice President, Secretary-Treasurer and one Xxxxxxx.

  • ASSOCIATION RIGHTS AND RESPONSIBILITIES SECTION 1 The Association shall have, in addition to other rights expressly set forth or provided by statute, the following rights: A. Special conferences for important matters will be arranged between the Association President and the designated representative of the Employer upon request of either party. Such meetings will normally be between at least two (2) representatives of each of the parties and will be held at mutually agreeable times and places. Should the Employer require such meetings to be during participating bargaining unit members’ normal scheduled hours, such members will be released for the purpose of attending such conferences without loss of pay. B. The Association shall be provided with bulletin board space for the purpose of posting Association materials. These bulletin boards will be designated by building principals. The Association shall also have the right to use the school mails to distribute Association material upon the notification of the building principal. No political matter or advertising of any kind will be so posted or distributed without administrative authorization; i.e., millage proposals, ballot items. C. The Association shall have the right to use school facilities for meetings as long as the intended use does not interfere or conflict unduly with regular school functions, violate school policy, or increase personnel costs. D. The Association shall have the right to use non-recreational school equipment, including typewriters, mimeograph machines, other duplicating equipment, calculating machines, and all types of audiovisual equipment for Association meetings with the building principal’s approval and scheduling availability. E. The Association shall pay for the cost of all materials and supplies incidental to such use and shall be responsible for proper operation and care of all such equipment, including repair costs. F. After notifying the Principal’s office, duly authorized representatives of the Association, or representatives of the state and national levels, shall be permitted to transact official Association business on school property provided that this shall not interfere with nor interrupt normal school operation. G. The officers of the Association or their designees shall have the opportunity to discuss, upon request, any new or modified fiscal budgetary educational policy. H. The Association shall be credited with a total of eight (8) days to be used by the officers or agents of the Association to bona fide Association business; such use to be at the discretion of the Association as provided herein. 1. The Association agrees to notify the Board no less than forty-eight (48) hours in advance of taking such leave, except in an emergency. 2. The Association will provide payment of the substitute employee on all days. 3. Any employee scheduled to work on such leave shall receive full pay for such day (not including overtime). I. The duties of any bargaining unit member or the responsibilities of any position in the bargaining unit may not be substantially altered, or increased, (Minor modification in job description excepted) during the life of this Agreement without the concurrence of the employee and the Association. J. The parties recognize that supervisors may perform some duties which are similar or identical to bargaining unit employees and such functions shall not be considered a violation of this Agreement, so long as no full-time bargaining unit positions are displaced. K. The Employer agrees to furnish to the Association President, MEA Uniserv Director, or Building Designee available information concerning the financial resources of the District together with information which may be necessary for the Association to process any grievance or complaint in a manner consistent with Article 6. L. Within ten (10) working days the Employer shall notify the Association of a new said hire in writing which includes rate of pay, step, date of hire, and position. M. The Employer agrees to provide each employee with a copy of the negotiated agreement.

  • 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.

  • Certain Duties and Responsibilities The duties and responsibilities of the Trustee shall be as provided by the Trust Indenture Act. Notwithstanding the foregoing, no provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. Whether or not therein expressly so provided, every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Section.

  • 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.

  • Duties and Responsibilities of Executive (a) During the Employment Period, Executive shall devote his full time and attention during normal business hours to the business of the Employers, will act in the best interests of the Employers and will perform with due care his duties and responsibilities. Executive’s duties will include those normally incidental to the positions set forth in Section 1 hereof as well as whatever additional duties may be assigned to him by the Board of Directors of MEI (the “MEI Board”), the Chief Executive Officer of MEI, the Board of Directors of MERI (the “MERI Board”), or the Chief Executive Officer of MERI. Executive agrees to cooperate fully with the MEI Board, the Chief Executive Officer of MEI, the MERI Board, and the Chief Executive Officer of MEI, and not to engage in any activity that materially interferes with the performance of Executive’s duties hereunder. During the Employment Period, Executive will not hold employment other than that set forth in Section 1 hereof without the advance written approval of the Board of MEI and the Board of MERI. It shall not be a violation of this Agreement for Executive to (1) serve on corporate, civic, or charitable boards or committees (except for boards or committees of a business organization that competes with an Employer in any business in which the Employer is regularly engaged), which are listed on Exhibit A so long as such service does not materially interfere with the performance of Executive’s duties and responsibilities under this Agreement, as determined in the good faith opinion of the Board of MEI and the Board of MERI, (2) manage personal investments, or (3) take vacation days and reasonable absences due to injury or illness, as set forth herein and/or permitted by the general policies of the Employers. (b) Executive represents and covenants to the Employers that he is not subject or a party to any employment agreement, noncompetition covenant, nondisclosure agreement, or any other agreement, covenant, understanding, or restriction that would prohibit Executive from executing this Agreement and fully performing his duties and responsibilities hereunder, or would in any manner, directly or indirectly, limit or affect the duties and responsibilities that may now or in the future be assigned to Executive hereunder. (c) Executive acknowledges and agrees that Executive owes the Employers a duty of loyalty and that the obligations described in this Agreement are in addition to, and not in lieu of, the obligations Executive owes the Employers under the common law. MEI and MERI each acknowledge that Executive’s simultaneous employment with the Employers will not be considered a violation of any provision of this Section 2.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!