Existing Operations Clause Samples
The "Existing Operations" clause defines the rights and obligations of parties concerning activities or operations that are already ongoing at the time an agreement is executed. Typically, this clause clarifies whether such pre-existing activities may continue, under what conditions, and how they interact with the new agreement—such as specifying if prior operations are grandfathered in or subject to new restrictions. Its core practical function is to prevent conflicts or misunderstandings by clearly delineating how ongoing operations are treated, ensuring that both parties understand the status and governance of activities that predate the contract.
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Existing Operations. (a) An operator conducting an existing, ongoing operation may at any time submit to the Administrator an application to self-bond. The application shall contain all information required in Section 2 of this Chapter except Section 2(a)(ii) shall read: "Amount of bond required to be determined in accordance with W.S. § 35-11-417(c)(ii) (1977)."
(b) If the Administrator determines that the operator qualifies for self- bonding, then the operator shall execute all required agreements or instruments and sign a new bond payable to the State of Wyoming which covers all periods of time as they relate to the mining operation. At this time, the prior bond shall be released. This release shall not be governed by any requirements as to the release of bonds which occur upon completion in whole or in part of the reclamation program.
(c) Any operation which holds a self-bond on the effective date of this Chapter shall be presumed to meet the requirements of this Chapter. To continue the self-bond, within one year from the effective date of this Chapter an application for a renewal self-bond shall be filed with the Administrator which meets all requirements in Section 3. A new indemnity agreement shall be executed which includes the requirements in Section 4(b).
Existing Operations. Before the Effective Date of this Agreement, ▇▇▇▇▇▇▇▇▇’▇ has conducted mining operations at the Quarry consistent with its asserted “vested rights” granted by continuous mineral extraction use and the approvals for a 1965 Conditional Use Permit (112 acres) and Unclassified Use Permit 1994-01 (57 acres), which have no expiration dates. 17 acres of the western portion of the site (West Pit) were mined outside of the existing permitted areas and are not included in the scope of any asserted vested rights. ▇▇▇▇▇▇▇▇▇’▇ operates a processing plant, which is located within the South Pit and lies on approximately 10 acres. Currently the Quarry has two separate reclamation plans that cover operations on lots 107, 108, 109, 110, 113, 114, 115, 116, 119, 120, 121/122 (CUP 1965); and lots 126, 127, 128, 132, 133, and 134 (UUP 1994-01).
Existing Operations. Seller hereby agrees, through and including the Close of Escrow and at the Seller’s sole cost and expense, to (A) keep all existing insurance policies affecting the Project in full force and effect, (B) use commercially reasonable efforts to keep in full force and effect and/or renew all Licenses and Permits, (C) provide all services and to continue to operate, manage and maintain the Project (including mechanical equipment of every kind used in the operation thereof) in the ordinary course of business, reasonable wear and tear excepted, and (D) use commercially reasonable efforts to comply with all Governmental Regulations.
Existing Operations. Each Seller hereby agrees, through and including the Close of Escrow and at such Seller’s sole cost and expense, to: (a) keep all existing insurance policies affecting the each Property in full force and effect, (b) use due diligence and commercially reasonable efforts to keep in full force and effect and/or renew all licenses and permits, (c) provide all services and to continue to operate, manage and maintain the Properties (including mechanical equipment of every kind used in the operation thereof) in such condition so that the Properties shall be in substantially similar condition on the Close of Escrow as on the date hereof, reasonable wear and tear and damage from casualty excepted, (d) use commercially reasonable efforts to comply with all governmental regulations, and (e) keep Buyer timely advised of any material repair or improvement required to keep any Property in the condition as required above.
Existing Operations. 7.5.1.1 Subject to Clause 7.5.1.2, PT-FI shall have the right, without the need to obtain the consent of PT-RTZ, to continue to carry on Mining activities with the use of the PT-FI Available Assets, including activities which, through optimisation or fine tuning of its operations and facilities, may result in treatment of ore at a rate in excess of 118,000 tonnes per day and shall have the right to use and make changes to the PT-FI Available Assets so long as such activities do not prejudice the undertaking of the first Approved Expansion Project at the current millsite, as described in Clause 10.5.
7.5.1.2 PT-FI will not undertake any Expansion project (as opposed to optimisation or fine tuning) in Contract Area Block A other than as part of Joint Operations or take any other action which will prejudice the undertaking of the first Approved Expansion Project at the current millsite, provided that, if no project for Expansion which meets the criteria specified in, or agreed pursuant to, Clause 10.5 has been proposed by PT-RTZ to the Operating Committee before the tenth anniversary of the Effective Date, the following provisions shall apply:
(i) the foregoing limitation on PT-FI's ability to enter into an Expansion project other than as part of Joint Operations shall no longer be applicable,
(ii) PT-FI shall be entitled to enter into such a project either as a Sole Risk Venture or, if it elects at its option to offer PT-RTZ a right of participation and PT-RTZ accepts such offer, as part of Joint Operations, in which latter event, RTZ Lender shall remain obliged to make available the loan funds contemplated by the RTZ Loan Agreement, and
(iii) except as set out in the immediately preceding item (ii), PT-RTZ will not have a right to participate in any revenues from nor will it be obliged to contribute to any costs in respect of Contract Area Block A, even after the Cut-off Date, except with respect to Joint Operations Greenfield Projects and Sole Risk Ventures in Contract Area Block A in which PT-RTZ has participated.
7.5.1.3 PT-FI shall be entitled to receive and retain 100% of all revenues, including Sales Revenues, from Contract Area Block A:
(i) prior to the Sharing Commencement Date, except for any revenues from Joint Operations Greenfield Projects and Sole Risk Ventures in which PT-RTZ shall have participated, and
(ii) from the Sharing Commencement Date until the Cut-Off Date, except for Incremental Expansion Revenues and any revenues from Joint Operati...
Existing Operations.
(a) The CIDS/ODS Contractor acknowledges that:
(i) Existing Operators and any other persons must continue their Existing Operations during the course of the carrying out of the CIDS/ODS Contractor's Activities;
(ii) the access ways to the Site are used by Existing Operators and other persons and will not be available exclusively to the CIDS/ODS Contractor; and
(iii) in using these access ways the CIDS/ODS Contractor must ensure the minimum disturbance and inconvenience to the Existing Operations.
(b) The CIDS/ODS Contractor bears the risk of coordinating its access to the Site with any other relevant party (including Existing Operators) that use the access ways to the Site.
(c) Without limiting any other obligations of the CIDS/ODS Contractor, the CIDS/ODS Contractor must:
(i) to the extent reasonably possible in performing the CIDS/ODS Contractor's Activities, not interfere with the free movement of traffic (vehicular, pedal cycle and pedestrian) into and out of, adjacent to, around, on or about the Site or the Existing Operations or block or impair access to any premises, carparks, roadways, pedestrian ways, public spaces, parks, pedal cycle paths, or other facilities associated with the Existing Operations and comply with the Principal's reasonable directions in relation to them;
(ii) comply with the Principal's reasonable directions in connection with:
A. the Existing Operations (including access to and use of the Site); and
B. workplace health and safety issues to enable the Principal to comply with, and not place the Principal in breach of, its obligations under any WHS Legislation;
(iii) comply with all policies, procedures and rules of the Principal applying from time to time (as notified by the Principal) in respect of the Existing Operations (including in relation to workplace health and safety and/or the Environment);
(iv) keep itself informed as to the requirements to comply with and not do anything which may place the Principal in breach of Law applying to the Existing Operations on the Site;
(v) ensure that in carrying out and completing the CIDS/ODS Contractor's Activities, the Works properly interface and integrate with, and connect to, the physical infrastructure of the Existing Operations so as to enable the Works, when completed, to fully comply with the requirements of this Contract; and
(vi) immediately:
A. repair and make good any damage to the physical infrastructure of the Existing Operations to the extent arising out of or in any...
Existing Operations. ▇▇▇▇▇▇ ▇▇▇▇▇▇ has acted as general manager in charge of operating the business of Kenco for more than a year and in connection with such operations, and represents and warrants to Kenco, to the best of his Knowledge, that: (A) no consent, authorization or approval of, or declaration, filing or registration with, any governmental or regulatory authority or any consent, authorization or approval of any other third party is required to enable Kenco to enter into and perform its obligations under this Agreement and the other Closing Documents except as will be obtained at or prior to the Closing; (B) neither the execution and delivery of this Agreement and the other Closing Documents nor the consummation of the Transaction thereby will violate or cause any revocation of, or limitation on, any Permit; (C) Kenco is not in violation of, nor has Kenco violated, any applicable order, judgment, injunction, award or decree relating to the Acquired Assets; and (D) Kenco has not violated, nor is it in violation, of any federal, state, local or foreign law, ordinance or regulation or any other requirement of any governmental or regulatory body, court or arbitrator applicable to the Acquired Assets including Environmental Laws.
Existing Operations. Until the Closing Date, Seller shall operate, maintain and manage each of the Properties in a manner substantially consistent with Seller’s past practices.
Existing Operations. Seller hereby agrees, through and including ------------------- the Close of Escrow and at the Seller's sole cost and expense, to (A) keep all existing insurance policies affecting the Project in full force and effect, (B) use due diligence and its best efforts to keep in full force and effect and/or renew all Licenses and Permits, (C) provide all services and to continue to operate, manage and maintain the Project (including mechanical equipment of every kind used in the operation thereof) in such condition so that the Project shall be in the same condition on the Close of Escrow as on the date hereof, reasonable wear and tear excepted, (D) use best efforts to comply with all Governmental Regulations, (E) deliver to Buyer copies of any Operating Statements prepared after the date of this Agreement, and (F) keep Buyer timely advised of any repair or improvement required to keep the Project in such condition as aforesaid and which costs in excess of Twenty-Five Thousand Dollars ($25,000.00).