Operational Decisions definition
Operational Decisions shall have the meaning set forth in Section 3.4.B.
Operational Decisions are:
(a) executing, modifying, accepting the surrender of or terminating any lease or other arrangement involving the rental, use or occupancy of any Property or any part thereof, except in accordance with the applicable Leasing Plan; provided, however, that the Manager may modify a lease of all or any portion of any Property if such lease would still satisfy the applicable Leasing Plan as modified; and provided further, however, that the Manager may terminate any lease (and bring eviction and legal proceedings against the tenant thereunder) where the tenant has defaulted in its rent payments or is otherwise in material default;
(b) approving an insurance program for the Company (and its Subsidiaries) and each Property (the "Insurance Program");
(c) retaining legal counsel for the Company (or its Subsidiaries) in connection with any major financing or other capital event (including a merger, combination or public offering of the Company);
(d) taking any action in respect of any Property relating to environmental matters other than to obtain environmental studies and reports and conduct (or arrange for) evaluations and analyses thereof and other than to remediate any environmental contamination or other similar matters as required by law if the cost of such remediation would not exceed $250,000;
(e) settling an insurance claim or condemnation action involving a claim in excess of Five Hundred Thousand Dollars ($500,000) or which, when added to all other insurance or condemnation claims during a single calendar year, exceeds One Million Dollars ($1,000,000);
(f) unless required pursuant to the terms of any ground lease or mortgage encumbering any Property, deciding whether to repair or rebuild in case of material damage to any of the improvements on such Property, or any part thereof, arising out of a casualty or condemnation (except such emergency repairs as may be necessary to protect such Property);
(g) making any expenditure or incurring any cost or obligation which, when added to any other expenditure, cost or obligation of the Company (or its Subsidiaries, as the case may be), either exceeds the applicable Approved Budget applicable to the Budget Year when such expenditure was made or cost or obligation was incurred or exceeds any line items specified in such Approved Budget; provided, however, that the Manager may, without the approval of the Management Committee, make expenditures or incur obligations in excess of an Approved Budget if (i) the making...
Operational Decisions which shall refer to decisions or actions taken in the day-to-day operation of the SIDC under this Agreement, needed for the well-functioning of the operations and/or having an impact on such operations. The following decisions and activities, shall e.g. but without limitation, be considered as Operational Decisions:
a) Any decision related to the application, interpretation or adaptation of the Operational Procedures;
b) Resolution of incidents;
c) NEMOs-TSOs Common Costs of operating SIDC, unless Non- Operational Parties are to share such costs in which case it will be a decision concerning both Operational and Non- Operational Parties, to be treated as a Governance and Development Decision for voting purposes under Article 12.7;
d) Change requests towards the service providers or under the Change Control Procedure which are necessary to ensure the continuity of operations (to the exclusion of change requests that are related to further developments, i.e. do not relate to maintenance in the context of operations); and
e) Decisions related to Go-Live.
Examples of Operational Decisions in a sentence
All Parties may participate in the discussions and vote for decisions of the OPSCOM in the context of the Agreement which are not Operational Decisions.
Chawathil First Nation agrees that if the consultation process set out in this Agreement is followed, British Columbia has adequately consulted and has provided an accommodation with respect to potential adverse impacts of Administrative and/or Operational Decision(s), and any forest or range development practices that may be carried out under an Operational Plan(s), on Chawathil First Nation’s Aboriginal Rights and Title.
Chawathil First Nation agrees that the Revenue Sharing Contributions made under this Agreement constitute an accommodation for any potential adverse impacts of Administrative and/or Operational Decision(s), and any forest or range development practices that may be carried out under an Operational Plan(s), on Chawathil First Nation’s Aboriginal Rights and Title.
Only Operational Parties may vote for Operational Decisions of OPSCOM in accordance with the Operational Procedures (it being understood that all Parties are entitled to participate in the discussions).
Subject to section 6.3, the process set out in Appendix B will be the means by which British Columbia will fulfill its obligation to consult on proposed Operational Plans or proposed Administrative and/or Operational Decisions and, where appropriate, the means by which British Columbia and Nak’azdli Whut’en will identify potential measures to accommodate any potential adverse impacts on Nak’azdli Whut’en’s Aboriginal Interests resulting from Operational Plans or Administrative and/or Operational Decisions.
More Definitions of Operational Decisions
Operational Decisions which shall refer to decisions or actions taken in the day-to-day operation of the SIDC under this Agreement, needed for the well-functioning of the operations and/or having an impact on such operations. The following decisions and activities, shall e.g. but without limitation, be considered as Operational Decisions:
a) Any decision related to the application, interpretation or adaptation of the Operational Procedures; In this respect, decision proposals submitted by OPSCOM to the MCSC shall, in principle, be classified as falling under the category of Operational Decisions;
b) Resolution of incidents;
c) NEMOs-TSOs Common Costs of operating SIDC, unless Non- Operational Parties are to share such costs in which case it will be a decision concerning both Operational and Non- Operational Parties, to be treated as a Governance and Development Decision for voting purposes under Article 12.7;
d) Change requests towards the service providers or under the Change Control Procedure which are necessary to ensure the continuity of operations (to the exclusion of change requests that are related to further developments, i.e. do not relate to maintenance in the context of operations); and
e) Decisions related to Go-Live.
Operational Decisions shall have the meaning set forth in Article 9.4.2 ii);
Operational Decisions shall refer to decisions taken in the context of the day to day management of the DA MCO Function Operations which apply to all Operational NEMOs. With respect to Operational Decisions only Operational NEMOs shall be considered as Voting Members. The following decisions, shall be considered, but without limitation, as Operational Decisions:
a. decisions regarding Common Costs for the execution of the DA MCO Function Operations as further detailed in Annex VII (Cost sharing, monitoring and settlement;
b. decisions regarding change requests under the Change Control Procedure which are necessary to ensure the continuity of DA MCO Function Operations for all Operational NEMOs
Operational Decisions shall refer to decisions or actions taken in the day to day operation of the SIDC, needed for the well-functioning of the operations and/or having an impact on such operations. As regards Operational Decisions, only Operational Parties shall be considered as Voting Members. The following decisions and activities, shall e.g. but without limitation, be considered as Operational Decisions:
a) Any decision related to the application, interpretation or adaptation of the TSOs only Operational Procedures;
b) Resolution of incidents;
c) SIDC TSOs-Only Common Costs resulting from Article 7, unless Non-Operational Parties are to share in such costs in which case it will be Governance and Development Decision;
d) Change requests that would be considered as TSOs only costs under the TSO Change Control Procedure which are necessary to ensure the continuity of operations (to the exclusion of change requests that are related to further developments, i.e. do not relate to maintenance in the context of operations; and
e) Decisions related to Go-Live.
Operational Decisions shall refer to decisions or actions taken in the day to day operation of the SDAC, needed for the well-functioning of the operations and/or having an impact on such operations. As regards Operational Decisions, only Operational Parties shall be considered as Voting Members.
Operational Decisions shall refer to decisions or actions taken in the day to day operation of the SIDC/IDCT and/or SIDC/IDA, needed for the well-functioning of the operations and/or having an impact on such operations. As regards Operational Decisions, only Operational NEMOs with respect to SIDC/IDCT and/or SIDC/▇▇▇ shall be considered as Voting Members. The following decisions and activities, shall e.g. but without limitation, be considered as Operational Decisions:
a) any decision related to the application, interpretation or adaptation of the NEMO Operational Procedures;
b) any decision related to the resolution of incidents;
c) any decision related to the SIDC NEMOs-Only Common Costs of operating the SIDC, unless non- operational NEMOs are to share in such costs in which case it will be a Common Decision; and
d) any decision related to change requests towards the jointly contracted service providers or under the NEMO Change Control Procedure or the IDOA Change Control Procedure which are necessary to ensure the continuity of operations (to the exclusion of change requests that are related to further developments, i.e. do not relate to maintenance in the context of operations, which shall be considered a Common Decision). In addition to the foregoing, any Party that, pursuant to any provision of the Agreement is not entitled to vote, shall not be a Voting Member for the matters for which its vote is excluded such as in the cases mentioned in Article 14.5.2 n. xiv) (Decisions on services provided by NEMOs), Article 0 (Forced Exit), Article 33.3.3(Suspension) and Article 33.4.5 (rights during exit or suspension). In particular, it is understood that if a Party is an Operational NEMO only for SIDC/IDCT or SIDC/▇▇▇, such Party shall be a Voting Member only with respect to the SIDC session (SIDC/IDCT and/or SIDC/▇▇▇) for which such Party is an Operational NEMO.
Operational Decisions means decisions or actions taken as described in Article 12.7;