Facility Operating Agreement Sample Clauses

Facility Operating Agreement. The Bay Community Centre Council Report - 2 - December 13, 2022 to that person of property of the Municipality that continues to be required for the purposes of the Municipality. Section 79A
Sample 1
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Facility Operating Agreement. The Bay Community Centre Council Report - 3 - December 13, 2022 DISCUSSION The volunteer Board operated facility model is consistent with Regional Council’s approved Community Facility Master Plan (CFMP), which identifies community-based service delivery as the preferred governance model for neighborhood community centres. Preference for this governance model was reinforced in the Community Facility Master Plan 2 (CFMP2), approved by Regional Council in 2017. This approach allows for enhanced services, at the local level, reflective of each community’s needs. HRM enters into agreements with community partners to support the delivery of services which align with HRM Parks & Recreation’s mandate. These program offerings would not exist without alternative service delivery through volunteers and community partner organizations. To ensure the community continues to benefit from these services, updated agreements are required to replace the current FLA with the recreation association. This will allow for more accountability, collaboration, and more effective stewardship of HRM’s facilities.
Sample 1
Facility Operating Agreement. The Bay Community Centre Council Report - 5 - December 13, 2022 In lieu of rent for the space, the SMATVA pays the operating costs of the Upper Building directly. This responsibility normally belongs to facility operators. This arrangement has worked for the HBBPRA, but it leaves the accounting of the Upper Building’s finances outside of the reporting required within the FLA. Additionally, the SMATVA has been sub-renting the facility to others to generate revenue to pay the operating expenses. They have no legal authority to do this as the HBBPRA is HRM’s partner and thereby responsible for activities and rentals and associated liabilities. The Upper Building has been available to the public and operating safely as HRM maintains the life safety systems and building infrastructure. The SMATVA has representation on the HBBPRA Board and receives all HRM communication and directives around safety matters, such as recent COVID-19 public health protocols. HRM’s control and oversight of who uses and provides services to the building has decreased as the HBBPRA involvement in the Upper Building has declined. The SMATVA is operating as a community partner of HRM with exclusive use of the building without the formal approval to do so. For the relationship to continue, a new agreement between HRM and SMATVA is required to outline SMATVA’s authority and areas of responsibility moving forward. The SMATVA is a not-for-profit organization with a mission to preserve, expand and promote ATV ridership as a safe and fun family recreational opportunity. In addition to building and maintaining trails throughout HRM, the club offers certified ATV safety training and encourages responsible riding practices including respect for the environment. This type of service and program aligns with HRM’s vision of fostering the growth of healthy and vibrant communities. It also advances Regional Council’s priority outcomes of involved and inclusive communities as well as protected and sustainable environments. Therefore, this not-for-profit organization can provide a municipal benefit which would permit Regional Council to consider a Less than Market Value lease. Under the proposed recommendations, HRM would retain ownership and increase oversight of the building. In addition to standard lease clauses governing permitted use and risk management, special clauses could be included to ensure public access and free use of the facility by HRM as needed. This would be beneficial for certain pub...
Sample 1
Facility Operating Agreement. Subject to the provisions of this Article 11, Borrower shall not: Transfer its rights or interests in the Facility Operating Agreement, or Transfer the responsibility for the operation and management of the Mortgaged Property, from Property Operator to any other Person; permit Affiliated Property Operator to Transfer its interest in the Facility Operating Agreement; remove, permit, or suffer the removal of Affiliated Property Operator from the Facility Operating Agreement; surrender or accept a surrender of the Facility Operating Agreement; cancel or terminate the Facility Operating Agreement; or permit a merger of Borrower’s fee interest estate in the Mortgaged Property with Property Operator’s leasehold interest in the Mortgaged Property, if any. Borrower agrees, and the Facility Operating Agreement shall provide, that Lender shall have the right to terminate the Facility Operating Agreement at any time upon the occurrence of and a continuance of an Event of Default.
Sample 1
Facility Operating Agreement. Borrower shall not assign its rights under a Facility Operating Agreement and shall cause each Property Operator to not assign either of its rights under a Facility Operating Agreement, without the prior written consent of Lender. Within five days of Borrower’s receipt of notice thereof, Borrower shall give Lender written notice that any Property Operator has threatened in writing to terminate a Facility Operating Agreement or that a Property Operator has otherwise discontinued its operation and management of the Mortgaged Property.
Sample 1
Facility Operating Agreement. (1) The provisions of this Section 6.02(i)(1) (Facility Operating Agreement) apply to all Facility Operating Agreements other than a Seniors Housing Facility Lease and to all Property Operators other than a Property Operator under a Seniors Housing Facility Lease. Borrower shall comply with and shall enforce the obligations of each Property Operator under each Facility Operating Agreement. Without the prior written consent of Lender, Borrower shall not:
Sample 1
Facility Operating Agreement. Subject to the provisions of this Article 11 (Liens, Transfers, and Assumptions), Borrower shall not:
Sample 1
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Related to Facility Operating Agreement

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Joint Operating Agreement (JOA) Within six (6) months from the Effective Date, the Participants shall enter into the Joint Operating Agreement which shall embody the principles stipulated in this JOA Heads of Agreement and it may include such other provisions as customarily used by international petroleum industry and shall continue in effect as long as the Contract is in effect. (End of Addendum One)

  • The Management Agreement Borrower shall use commercially reasonable efforts to cause Manager to manage the Property in accordance with the Management Agreement. Borrower shall (a) diligently perform and observe all of the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (b) promptly notify Agent of any notice to Borrower or Manager of any default by Borrower in the performance or observance of any material terms, covenants or conditions of the Management Agreement on the part of Borrower to be performed and observed, and (c) promptly deliver to Agent a copy of all material notices received by it (including, without limitation, any notices relating to the Ground Lease, the Reciprocal Easement and any Joint Manager (as defined in the Reciprocal Easement Agreement) and, upon request by Agent, any other financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement (but excluding any immaterial general correspondence and internal discussion drafts of any such plans, reports or estimates); and (iv) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by Manager under the Management Agreement. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its obligations hereunder or under the Management Agreement, Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed.

  • Management Agreement The Management Agreement is in full force and effect and there is no default thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Operating Agreement You haves received and read a copy of the Company’s Operating Agreement (the “Operating Agreement”) and agree that your execution of this Agreement constitutes your consent to and execution of the Operating Agreement, and, that upon acceptance of this Agreement by the Company, you will become a member of the Company as a holder of Shares. When this Agreement is countersigned by the Company, the Operating Agreement shall be binding upon you as of the closing date.

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Marketing Agreement The Company shall have entered into, ------------------- executed and delivered the Marketing Agreement.

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

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