Operating and Maintenance Agreement. DISD shall execute an Operating and Maintenance Agreement (defined below) in a form substantially similar to the form attached to this Agreement as Exhibit D, the earlier of the Completion Date or equivalent evidence of completion, for all TIF- funded Improvements (defined herein) associated with the Project (the “Operating and Maintenance Agreement”), and if necessary, obtain a license from City for the purpose of maintaining any improvements in the public right-of-way. With the exception of specially designed street/pedestrian lighting, public art work and fountains, City shall retain ownership of such public improvements and may at its sole discretion, if DISD fails to maintain such public improvements after notice from City under this Agreement, perform such maintenance and invoice DISD for the costs, which costs DISD shall pay within thirty (30) days of notice. DISD shall submit documentation evidencing that an executed memorandum of operating and maintenance agreement specifying the existence of an executed Operating and Maintenance Agreement for the TIF-funded Improvements was recorded with the Dallas County Clerk’s Office in a form substantially similar to the form attached to this Agreement as Exhibit E. The term for the Operating and Maintenance Agreement shall be twenty (20) years from the Completion Date. Any assignment of DISD's maintenance obligations under this Agreement (and the Operating and Maintenance Agreement) to another entity shall be subject to the assignment provision in Section 5 below and subject to the terms of the Operating and Maintenance Agreement. The terms and conditions of the Operating and Maintenance Agreement are binding upon the successors and assigns of all parties hereto and may be assignable, subject to Director approval, in whole or in part, to a new owner of all or a portion of the Property. DISD shall remain responsible for the maintenance of all TIF-funded Improvements for a term of 20 years, regardless of if DISD chooses to forgo the TIF Subsidy or if this Agreement expires or is otherwise terminated.
Operating and Maintenance Agreement. The Operating and Maintenance Agreement dated as of December 1, 1990 between COMPANY and KTI Operations, Inc. as amended, supplemented, assigned or replaced from time to time.
Operating and Maintenance Agreement. The Manager is responsible for ensuring that the terms of the Operating and Maintenance Agreement are consistent in all respects with the terms of this Agreement. In addition, (a) the Manager and the Company shall prohibit the Operator from taking any action in connection with the services provided under the Operating and Maintenance Agreement that requires the prior approval of the Members pursuant to the terms of this Agreement without first obtaining such prior approval of the Members and (b) the Manager shall be liable for any action taken by the Operator pursuant to the Operating and Maintenance Agreement, or omission of the Operator, in each case that would be a breach of this Agreement if the Manager or the Company took or failed to take such action. ARTICLE IX
