Duties of Operator Operator shall:
MAINTENANCE OF OPERATIONS The Company shall maintain operations at the Project for a minimum of ten (10) years beginning on the date the Project is Placed in Service. In addition to any other rights the Department may have under the terms of this Agreement, in the event that the Company discontinues of operations at the Project, such discontinuation may subject the Company to certain statutory provisions, including:
Use of Areas of Operations PURCHASER shall confine equipment, storage of materials and operation to the limits indicated by contract, law, ordinances, permits or directions of the STATE's Authorized Representative. PURCHASER shall follow the STATE's Authorized Representative's instructions regarding use of the areas of operations, if any. In addition, PURCHASER shall be responsible for regular cleaning in compliance with all federal, state, and local laws rules and ordinances. Protection of Workers, Property, and Public. The PURCHASER is responsible to manage the operations to mitigate impacts to the operations, including authorized changes, which may adversely affect cost, schedule, or quality. The PURCHASER is responsible for the actions of all personnel, laborers, suppliers, and subcontractors in the performance of the operations. PURCHASER shall maintain continuous and adequate protection of all of the Work from damage, and shall protect the STATE's workers and property from injury or loss arising in connection with this contract. PURCHASER shall remedy to the STATE's satisfaction, any damage, injury, or loss, except such as may be directly due to errors in the contract or caused by authorized representatives or personnel of the STATE. PURCHASER shall adequately protect adjacent property as provided by law and the contract. PURCHASER shall take all necessary precautions for the safety of all personnel on the areas of operations, and shall comply with the contract and all applicable provisions of federal, state, and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the areas of operations. PURCHASER shall erect and properly maintain at all times, as required by the conditions and progress of the operations, all necessary safeguards for protection of workers and the public against any hazards created by the operations. PURCHASER shall designate a responsible employee or associate on the areas of operations, whose duty shall be the prevention of accidents. The name and position of the person designated shall be reported to the STATE's Authorized Representative. The STATE's Authorized Representative has no responsibility for safety on areas of operations. Safety on areas of operations is the responsibility of the PURCHASER. In an emergency affecting the safety of life or of the operation or of adjoining property, the PURCHASER, without special instruction or authorization from the STATE's Authorized Representative, shall act reasonably to prevent threatened loss or injury, and shall so act, without appeal, if instructed by the STATE's Authorized Representative. Any compensation claimed by the PURCHASER on account of emergency work shall be equitably determined.
CONTINUITY OF OPERATIONS (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
Hours of Operation Tenant will carry on its business diligently and continuously in the Premises and will keep the Premises open for business not less than sixteen (16) consecutive hours each day seven (7) days per week, including holidays. Director or his/her representative may, from time to time, change such required hours of operation, in which event, Tenant will remain open during such revised hours. Similarly, Tenant may, from time to time, request to revise its hours of operation. Such change must be approved by Director or his/her representative, in writing, prior to its occurrence. Tenant may not, at any time, vacate or abandon the Premises.
HOURS OF OPERATION AND LIMITATIONS A. During the Initial Term and any subsequent Renewal Term(s) of this Agreement, the Concession shall open and operate from the Saturday before Memorial Day through Labor Day (“Period of Operation”). For the Initial Term of this Agreement, any calendar day(s) prior to the Period of Operation, and the ten (10) calendar days after Labor Day, which comprise the remainder of this Agreement’s Initial Term, are solely to allow for Concession set-up and take-down, respectively. For any subsequent Renewal Term(s), the ten (10) calendar days prior to the Saturday before Memorial Day and the ten (10) calendar days after Labor Day, which comprise the remainder of any Renewal Term, are solely to allow for Concession set-up and take-down, respectively.
311 Plan of Operations For timber sales with 2 or more years between award date and Termina- tion Date, within 60 days of final award of contract, Pur- chaser shall furnish Forest Service a written general Plan of Operations that shall be in addition to the annual Oper- ating Schedule required under B6.31. The Plan of Opera- tions shall set forth planned periods for and methods of road construction, timber harvesting, and completion of slash disposal, erosion control measures, and other contractual requirements. Forest Service written approval of the Plan of Operations is prerequisite to commence- ment of Purchaser’s Operations. Purchaser may revise this Plan of Operations when necessitated by weather, markets, or other unpredictable circumstances, subject to approval of Contracting Officer. In the event of delays be- yond the control of Purchaser that qualify for Contract Term Adjustment, the Plan of Operations shall be ad- justed by mutual agreement to accommodate the ad- justed contract period. B6.312 Plan of Operations for Road Con- struction. Annually, prior to start of construction, Pur- chaser shall submit a supplement to the Plan of Opera- tions that shall include a schedule of proposed progress and a description of planned measures to be taken to provide erosion control for work in progress, including special measures to be taken on any segments of con- struction not Substantially Completed prior to periods of seasonal precipitation or runoff. Purchaser shall submit a revised schedule when Purchaser proposes a significant deviation from the progress schedule. Prior to beginning construction on any portion of Specified Roads identified as sensitive on Plans, Pur- chaser and Forest Service shall agree on proposed method of construction.
Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.
Plan of Operations (A) The Company’s complete Plan of Operations shall be submitted to FCIC by April 1 preceding the reinsurance year, unless otherwise authorized by FCIC. The Plan of Operations shall meet the requirements of this Agreement, including, but not limited to, the format and all requirements specified in Appendix II, to be considered a complete Plan of Operations.
Resumption of Operations In the event of action prohibited by Section 1 above, the Union immediately shall disavow such action and request the employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The union, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.
