Common use of Implementation of Improvements Clause in Contracts

Implementation of Improvements. The Owner shall either arrange, at its own cost, for Improvements required by Law or HSE Standards to be undertaken as soon as is reasonably practicable but in any event within the time limit prescribed or be entitled to cease operations at the Plant by providing notice to the Operator in accordance with Clause 14.2(D). Notwithstanding the foregoing and in addition to any other rights of Operator, the Operator shall be authorized to make any Improvement or to cease the operations of the Plant to the extent such Improvement, or cessation of operations is required by an emergency condition or is required in order for the Operator to comply with applicable Law, Permits or HSE Standards and the cost of such Improvement shall be borne by the Owner; provided that the cost of any Improvement charged to the Owner according to this sentence shall not exceed USD 100,000 without the prior written consent of the Owner. If, having received the information to be provided under Clause 9.2, the Owner considers any other Improvement should be undertaken, it shall, with the consent of the Operator (such consent not to be unreasonably withheld or delayed), arrange at its own cost for such Improvement to be undertaken as soon as is reasonably practicable. If in consequence of implementing, or in order to implement, an Improvement the Operator has to terminate the employment of any employee, the Owner shall bear the costs of such termination of employment and will indemnify the Operator against such costs in accordance with Clause 1.3 of Appendix 2: Part II to this Agreement.

Appears in 2 contracts

Samples: Operation and Maintenance (Kraton Polymers LLC), Operation and Maintenance (Kraton Polymers LLC)

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Implementation of Improvements. The Owner shall either arrange, at its own cost, for Improvements required by Law or HSE Standards to be undertaken as soon as is reasonably practicable but in any event within the time limit prescribed or be entitled to shall cease operations at the Plant by providing notice to the Operator in accordance with Clause 14.2(D14.2(C). Notwithstanding the foregoing and in addition to any other rights of Operator, the Operator shall be authorized to make any Improvement or to cease the operations of the Plant to the extent such Improvement, or cessation of operations is required by an emergency condition or is required in order for the Operator to comply with applicable Law, Permits or HSE Standards and the cost of such Improvement shall be borne by the Owner; provided that the cost of any Improvement charged to the Owner according to this sentence shall not exceed USD 100,000 without the prior written consent of the Owner. If, having received the information to be provided under Clause 9.2, the Owner considers any other Improvement should be undertaken, it shall, with the consent of the Operator (such consent not to be unreasonably withheld or delayed), arrange at its own cost for such Improvement to be undertaken as soon as is reasonably practicable. If in consequence of implementing, or in order to implement, an Improvement the Operator has to terminate the employment of any employee, the Owner shall bear the costs of such termination of employment and will indemnify the Operator against such costs in accordance with Clause 1.3 of Appendix 2: Part II to this Agreement.

Appears in 2 contracts

Samples: Services Agreement (Kraton Polymers LLC), Services Agreement (Kraton Polymers LLC)

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Implementation of Improvements. The Owner shall either arrange, at its own cost, for Improvements required by Law or HSE Standards to be undertaken as soon as is reasonably practicable but in any event within the time limit prescribed or be entitled to shall cease operations at the Plant by providing notice to the Operator in accordance with Clause 14.2(D14.2(C). Notwithstanding the foregoing and in addition to any other rights of Operator, the Operator shall be authorized to make any Improvement or to cease the operations of the Plant to the extent such Improvement, or cessation of operations is required by an emergency condition or is required in order for the Operator to comply with applicable Law, Permits or HSE Standards and the cost of such Improvement shall be borne by the Owner; provided that the cost of any Improvement charged to the Owner according to this sentence shall not exceed USD 100,000 without the prior written consent of the Owner. If, having received the information to be provided under Clause 9.2, the Owner considers any other Improvement should be undertaken, it shall, with the consent of the Operator (such consent not to be unreasonably withheld or delayed), arrange at its own cost for such Improvement to be undertaken as soon as is reasonably practicable. If in consequence of implementing, or in order to implement, an Improvement the Operator has to terminate the employment of any employee, the Owner shall bear the costs of such termination of employment and will indemnify the Operator against such costs in accordance with Clause 1.3 of Appendix 2: Part II to this Agreement.

Appears in 1 contract

Samples: Operations and Maintenance Services Agreement

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