Operation of the System. The City will maintain the System in good repair and operating condition and will cooperate with the Department in the observance and performance of the respective duties, covenants, obligations and agreements of the City and the Department under this Loan Agreement. The City will insure that the Project operates and meets minimum technical and administrative requirements in accordance with the State Sanitary Code, and the City will meet all requirements imposed by the EPA and the Department as a condition of receiving the Loan from the State Revolving Fund under the Federal Act, the State Act and any applicable Regulations. The City will, in accordance with prudent sewerage utility practice,
Operation of the System. Subject to Section 7.13, Seller covenants and agrees that between the Effective Date and the earlier of the Closing or the termination of this Agreement in accordance with the terms hereof, Seller shall use commercially reasonable efforts to conduct the System only in the ordinary course of business in accordance with past practices and procedures and use commercially reasonable efforts to maintain the business and assets of the System, including the Acquired Assets, unless otherwise approved by Purchaser.
Operation of the System. The ISO shall serve as the operator of the NEPOOL Control Area and assume responsibility for the continued operation of the NEPOOL Control Center, consistent with the terms of this Agreement, the NEPOOL Agreement and the Tariff, the System Rules and Procedures, Good Utility Practice and applicable laws and regulations.
Operation of the System comprises the set of operational actions to be developed and performed by the CONCESSIONAIRE, after the issuance of the CERTIFICATE OF SYSTEM TRANSFER, for the provision of the SERVICES to the USERS of the SYSTEM, following the parameters and conditions provided for in the AGREEMENT and its ANNEXES.
Operation of the System. From the Bid Date up to the Time of Closing, the City shall have caused the System to be operated by the City in the ordinary course in a manner consistent with past practice, which shall include using all reasonable efforts to preserve the goodwill of the System and to maintain good business relationships with customers, suppliers and others having business dealings with the System, to maintain the System Assets in normal operating condition and repair in accordance with past practice (ordinary wear and tear excepted), to perform (or cause to be performed) in all material respects all of the City’s obligations under the Municipal Service Agreements and System Contracts and to cause the System to be operated in all material respects in accordance with all applicable Laws (except to the extent any non-compliance is being contested in good faith by appropriate proceedings), all to the end that the System as a going concern shall be unimpaired and transferred to the Concessionaire at the Closing in a condition not materially worse than the condition as of the Bid Date. It is understood and agreed that the City shall, up to and including the Time of Closing, be entitled to all of the cash or cash equivalents in or generated by the System (subject to the terms of Section 2.2(b) in the case of any cash or cash equivalents that are paid prior to the Time of Closing but are allocable to periods after the Time of Closing). Without limiting the foregoing, the City shall not terminate, amend, modify or agree to a waiver of the terms of any Authorization related to the System after the Bid Date and before the Time of Closing without the Concessionaire’s consent, which shall not be unreasonably withheld, conditioned or delayed.
Operation of the System. The Authority hereby agrees to operate, maintain, and administer the System as provided herein and under Act 233. The Authority intends that the customers receiving water from the System, the parties receiving automatic fire suppression system service from the System and the other parties benefitting from the System (the “Users of the System” or the “Users”) shall be responsible for paying all the costs of the operation, maintenance, and administration of the System through the Authority. The Townships acknowledge that the Authority may contract with third parties to provide for the operation, maintenance and administration of the System.
Operation of the System. Except as otherwise expressly permitted by this Agreement, as required by applicable Law or with the prior written consent of Buyer (which consent shall not be unreasonably withheld, delayed or conditioned), from the Effective Date until the Closing, the Seller shall (i) operate and manage the System only in the ordinary course of business in accordance with past practices and procedures, (ii) comply in all material respects with all applicable Laws and Authorizations and Permits, and (iii) use commercially reasonable efforts to maintain and preserve intact the business and assets of the System and preserve the rights, franchises, goodwill and relationships of the Seller and the System and their customers, lenders, suppliers, regulators and others having business relationships with the Seller and the System including, but not limited to, the land development agreements in existence as of the Effective Date which such agreements shall not be materially amended without notice to and the consent of Buyer, which consent shall not be unreasonably withheld or delayed.
Operation of the System. Except as otherwise expressly permitted by this Agreement, as required by applicable Law or with the prior written consent of Buyer (which consent shall not be unreasonably withheld, delayed or conditioned), from the Effective Date until the Closing, Seller or City shall (i) operate and manage the System only in the ordinary course of business in accordance with past practices and procedures, (ii) comply in all material respects with all applicable Laws and Authorizations and Permits, and (iii) use commercially reasonable efforts to maintain and preserve intact the business and assets of the System and preserve the rights, franchises, goodwill and relationships of Seller and the System and their customers, lenders, suppliers, regulators and others having business relationships with Seller and the System.
Operation of the System. 9 2.1 Curtailment .................................................................................................................. 9 2.2 Identity of Gas ............................................................................................................ 11 2.3
Operation of the System. Section 201. Acquisition and Purpose 10 Section 202. Extension and Alterations 10 Section 203. Performing Duties 10 Section 204. Operation and Maintenance of System 10 Section 205. Rules, Regulations, and Other Details 10 Section 206. Payment of Lawful Governmental Charges 10 Section 207. Insurance and Reconstruction 11 Section 208. Alienating System 11 Section 209. Records, Accounts, and Audits 11 ARTICLE III GENERAL PROVISIONS CONCERNING SEWAGE DISPOSAL SYSTEM Section 301. Tributary Sewer Systems 12 Section 302. Connections to System 12 PAGE Section 303. Service Rendered by District and by the Special Connector 13 Section 304. Competing System 13 A. Not Economically Feasible 13 B. Security Not Substantially Impaired 13 C. Approval Granted by Act 13 Section 305. Construction of Other Sewage Disposal Systems Prohibited 13 Section 306. Limitations upon Consent 14 Section 307. Form of Consent 14 ARTICLE IV DELETERIOUS WASTES Section 401. Additional Definitions 14 Section 402. Reserved 15 Section 403. Reserved 15 Section 404. Modification of Deleterious Wastes Requirements 15 Section 405. Determination of Quantity, Quality, and Characteristics of Sewage 15 Section 406. Storm Waters 16 Section 407. Reserved 16 Section 408. Reserved 16 Section 409. Reserved 16 ARTICLE V DISTRICT BUDGET, ANNUAL CHARGES, SERVICE CHARGES, AND THEIR ESTABLISHMENT AND COLLECTION Section 501. Annual Budget 16 A. Preparation of Preliminary Budget 16
