Operability. Between the date of this Agreement and the Closing Date, the CATV Systems shall not have suffered, on or prior to Closing, any loss, claim, casualty, or calamity that has a material adverse effect on the Assets or the CATV Systems, whether or not disclosed in Seller's amended Schedules and whether or not covered by insurance. Seller shall bear the risk of loss on or prior to Closing with respect to the Assets and the CATV Systems as a result of any loss, claim, casualty, or calamity.
Operability. Contractor warrants that the Software does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in the contract documents specified.
Operability. The Acquired Assets constitute all of the material assets necessary for the operation of the Facility in the manner in which it has been operated during the 12-month period prior to the Effective Date, and, except as disclosed in Schedule 3.22, said Acquired Assets are currently in a condition sufficient to operate the Facility at full licensed thermal power operation.
Operability. The Acquired Assets constitute all of the assets ----------- necessary for the Seller to operate Pilgrim substantially in the manner as it has been operated by the Seller.
Operability. Contractor warrants that the Software and any customizations will be delivered to the City malware free and does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in [insert cross reference if applicable].
Operability. Contractor and/or Supplier warrants that information resource(s) provided under the terms of this agreement shall operate in a manner satisfactory to Cingular Wireless while all required security controls and features are installed and functioning.
Operability. Operability in the mixed (i.e. coniferous/deciduous stands) forests of the Fort Xxxxxx TSA is a challenge from both a fibre marketing and silviculture perspective.
Operability. Except to the extent any Seller's Agreement may not be assigned or assignable in whole or in part to the Buyer or any Permit may not be transferable to the Buyer and except for changes in the ordinary course of business and except for Excluded Assets, the Acquired Assets constitute all the assets used by the Seller in connection with its ownership and operation of the Facility during the twelve-month period immediately prior to the Effective Date.
Operability. Between the date of this Agreement and the Group B Closing Date, the CATV Systems shall not have suffered, on or prior to the Group B Closing, any loss, claim, casualty, or calamity that has a material adverse effect on the Assets or the CATV Systems, whether or not disclosed in Seller's amended Schedules and whether or not covered by insurance.
Operability. The Red Lion System shall not have suffered, on or prior to Closing, any loss, casualty, or calamity which materially adversely affects the Assets or the Red Lion System whether or not covered by insurance.