Authority Limitations. Notwithstanding any provision in this Agreement to the contrary, unless specifically provided for in the Pre-Commercial Operation Operating Plan & Budget or the applicable Operating Plan & Budget, or as otherwise specifically approved or directed by Owners in writing, Operator shall not directly, or as an agent of Owners, and shall ensure that its Affiliates and Representatives do not: (a) sell, lease, pledge, mortgage, convey, or make any license, exchange or other transfer or disposition of any property or assets of Owners, its Affiliates or Representatives, including any property or assets purchased by Operator in accordance with this Agreement; (b) make, enter into, execute, amend, modify or supplement any contract or agreement (including any labor or collective bargaining agreement) on behalf of or in the name of Owners; (c) incur, consent to or agree to any cost or expense directly or as agent of Owners that is to the account of Owners, its Affiliates, or otherwise recoverable from such Person, except for Operating Expenses and cost and expenses otherwise authorized or permitted under this Agreement; (d) settle, compromise, assign, pledge, transfer, release or consent to the compromise, assignment, pledge, transfer or release of, any claim, suit, debt, demand or judgment against or due by, Owners or Operator, the cost of which is to the account of Owners, its Affiliates, or otherwise recoverable from such Persons; or submit any such claim, Dispute or controversy to arbitration or judicial process, or stipulate in respect thereof to a judgment, or consent to do the same; (e) engage in any other transaction on behalf of or as an agent for Owners except as specifically provided for in this Agreement or as specifically directed by Owners in writing; or Big Stone II Power Plant June 30, 2005 (f) issue or make any public announcements or statements regarding BSP II, Owners, their Affiliates, the Services or this Agreement, unless, prior thereto, Owners have been furnished with a copy thereof and have approved the same.
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Sources: Operation & Maintenance Services Agreement (Otter Tail Corp)
Authority Limitations. Notwithstanding any provision in this Agreement to the contrary, unless specifically provided for in the Pre-Commercial Operation Operating Plan & Budget or the applicable Operating Plan & Budget, or as otherwise specifically approved or directed by Owners in writing, Operator shall not directly, or as an agent of Owners, and shall ensure that its Affiliates and Representatives do not:
(a) sell, lease, pledge, mortgage, convey, or make any license, exchange or other transfer or disposition of any property or assets of Owners, its Affiliates or Representatives, including any property or assets purchased by Operator in accordance with this Agreement;
(b) make, enter into, execute, amend, modify or supplement any contract or agreement (including any labor or collective bargaining agreement) on behalf of or in the name of Owners;
(c) incur, consent to or agree to any cost or expense directly or as agent of Owners that is to the account of Owners, its Affiliates, or otherwise recoverable from such Person, except for Operating Expenses and cost and expenses otherwise authorized or permitted under this Agreement;
(d) settle, compromise, assign, pledge, transfer, release or consent to the compromise, assignment, pledge, transfer or release of, any claim, suit, debt, demand or judgment against or due by, Owners or Operator, the cost of which is to the account of Owners, its Affiliates, or otherwise recoverable from such Persons; or submit any such claim, Dispute or controversy to arbitration or judicial process, or stipulate in respect thereof to a judgment, or consent to do the same;
(e) engage in any other transaction on behalf of or as an agent for Owners except as specifically provided for in this Agreement or as specifically directed by Owners in writing; or Big Stone II Power Plant June CAVALIER ENERGY CORPORATION POWER PLANT JUNE 30, 20052009
(f) issue or make any public announcements or statements regarding BSP IITHE PROJECT, Owners, their Affiliates, the Services or this Agreement, unless, prior thereto, Owners have been furnished with a copy thereof and have approved the same.
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