Obligation to Operate. The Lessee shall continuously operate the Leased Property in accordance with the Primary Intended Use and maintain its qualifications for licensure and accreditation as required by all applicable Legal Requirements and Insurance Requirements.
Obligation to Operate. The Lessee or any other Acceptable Licensed Operator shall continuously operate the Leased Property in accordance with the Primary Intended Use and the Other Permitted Uses and maintain its qualifications for licensure and accreditation as required by all applicable Legal Requirements and Insurance Requirements.
Obligation to Operate. 38 7.8 Inspection Rights ........................................................... 38
Obligation to Operate use of the rental property, sub-letting, protection from competition
Obligation to Operate. Operator will construct, launch and be actively marketing an advanced high speed data system in at least *** Closed Markets no later than the *** of the Initial Closing Date and at least *** additional Closed Markets in each *** until all the Closed Markets are constructed. Except to the extent any such obligation may be exercised pursuant to the following sentence, it will be a condition to the commencement of the Renewal Term that Operator will have fully complied, on or before the commencement thereof, with all of Operator's obligations set forth in the preceding sentence, provided, however, that Sprint may waive the operation of such condition. Any launch of such a system and Operator's obligations pursuant to this Section 7.7, but not Operator's obligations under Section 7.5 hereof, is subject to the availability to Operator of at least *** MHZ of contiguous spectrum in a Closed Market which may be used for two way transmissions using time division duplexing and, to the extent necessary, interference consents from Third Party Licensees to permit such operation. Operator will be solely responsible for the operation, marketing and customer service support for its business operations. Operator will, to the extent required under any Primary Lease, provide any Third Party Licensee with access to such services as are offered over the Spectrum by Operator. Nothing contained herein will be construed to restrict Operator to using the Spectrum for other purposes besides an advanced high speed data system provided that Operator has complied with the provisions of this Section 7.7.
Obligation to Operate. Seller shall, regardless of whether the Availability shall be, for any period, at, above or below the Availability Requirement, operate the Unit to provide the Quantity in all hours during the Delivery Term. Buyer Liability: Entergy Services, Inc. is entering into, and is a party to, this Agreement as agent for the Entergy Operating Companies, and shall have no liability hereunder. The liability of the Entergy Operating Companies hereunder, whether in respect of a default or otherwise, shall be several and not joint. Other Provisions: ♦ This Confirmation Agreement is governed by the terms and conditions of the WSPP Agreement dated effective September 1, 2002. To the extent the provisions of this Confirmation Agreement conflict with the WSPP Agreement, the provisions of this Confirmation Agreement will control. ♦ Exhibit A "Netting" shall be deemed in effect for all transactions entered into under this Confirmation Agreement. ♦ This Confirmation Agreement amends Section 9.4 of the WSPP Agreement to provide for payment of undisputed amounts only. ♦ This Confirmation Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of laws. ♦ Buyer shall be entitled to its prorated share of the available output of the Unit, subject to higher priority sales or commitments from the Unit(s), in the event of a curtailment or derating of the energy produced by the Unit(s).
Obligation to Operate. Nothing contained in this Agreement shall be deemed to obligate the Employer to continue to operate any of its plants or properties, or any part thereof.
Obligation to Operate. At all times from and after the Opening Date during the Term of this Lease (including any validly exercised renewals of the original or any extended term hereof), Tenant will continuously use and occupy the Demised Premises and operate its riverboat gaming enterprise in connection therewith in good faith and in such a manner as shall assure the transaction of a maximum volume of business in and at the Demised Premises and from said riverboat gaming enterprise. If Tenant shall fail to cause its said riverboat gaming enterprise to be operated as required under the immediately preceding sentence, then, in addition to any other remedy available to Landlord under this Lease, Tenant shall pay to the Landlord in lieu of Percentage Rent and in addition to any other Rent payable hereunder, and as liquidated damages for such failure to so operate, a sum equal to fifty percent (50%) of the then applicable Minimum Net Rent applicable to each day or portion thereof during which Tenant shall fail to so operate (e.g. if not operating for forty (40) days, 40/365th of 50% of the then applicable Minimum Net Rent as Percentage Rent for such forty (40) days). Notwithstanding the foregoing, solely for the purposes of this Section 2.06 Tenant’s failure to so operate shall be deemed unavoidable and not a failure to so operate, if and so long as non-operation shall be directly caused by fire or other casualty, national emergency, condemnation, enemy action, civil commotion, strikes, lockouts, or national defense pre-emptions, acts of God, energy shortages, changes in the Missouri law which prohibits the continuation of Tenant’s business, changes in the Kansas City, Missouri gaming industry which make Tenant’s gaming operations unprofitable for a continuous period of one (1) year or more, or any other similar causes beyond the reasonable control of Tenant, and provided further that Tenant shall continually thereafter use its diligent best efforts to alleviate the cause for such cessation of operation and commence operation as soon thereafter as is practicable.
Obligation to Operate. Operator agrees that it shall operate activities on the Premises that are defined as a Permitted Use through the Term.
Obligation to Operate. Following completion ofthe Facility, Lessee shall continuously operate the Leased Property in accordance with the Primary Intended 34
