Common use of Operational Responsibilities Clause in Contracts

Operational Responsibilities. 9.1 The responsibility for planning and directing an Operation or part thereof shall rest with the Ship Operator concerned unless the Maintenance Authority concerned has elected in writing to assume that responsibility and has nominated its Authorised Shipboard Representative or its Authorised Shore Representative in accordance with Article 10.2. 9.2 Whether or not such an election has been made pursuant to Article 9.1: 9.2.1 each Cable Ship shall at all times remain under the direct control of the Ship Operator and nothing in this Agreement shall be construed as a demise or charter of a Cable Ship to the Maintenance Authority, jointly or severally; and 9.2.2 nothing in this Agreement shall be deemed to reduce, interfere with, or otherwise impair the full authority and responsibility of the Master of a Cable Ship for its safe operation and navigation, or for the safety of those on board. Atlantic Cable Maintenance and Repair Agreement -------------------------------------------------------------------------------- REPAIR PRACTICES 9.3 Each Ship Operator shall ensure that its Cable Ship is capable of carrying out any necessary Repair or Maintenance and Improvement on all Standard Scheduled Cables. 9.4 For Specific Scheduled Cables, it shall be the responsibility of the Maintenance Authority responsible for each such Specific Scheduled Cable to instruct the Ship Operator to carry out any necessary Repair or Maintenance and Improvement in accordance with relevant Specific Practices supplied to that Ship Operator by the relevant Maintenance Authority. If no such instructions on Specific Practices are received, the normal practices of the Ship Operator shall be followed. 9.5 The Management Committee shall, with that Party's consent, appoint one of the Parties to be the Schedule E Party whose function shall be to prepare, revise and distribute Schedule E. 9.6 A Maintenance Authority which is responsible for a Specific Scheduled Cable may apply to the Management Committee to have such Specific Scheduled Cable re-categorised as a Standard Scheduled Cable and included as such in Annex 1 to Schedule E. The Management Committee shall then consider the costs and benefits deriving from the approval of such application as well as the technical specification and state of qualification of such Specific Scheduled Cable and either approve or not approve such application. If required, the Management Committee shall then instruct the Schedule E Party to revise Schedule E to take account of any change to Standard Practices arising from the re-categorisation of a Specific Scheduled Cable to a Standard Scheduled Cable and thereafter to distribute such amended Schedule E to the Parties. AUTHORISATIONS AND CONSENTS 9.7 When an Operation takes place in waters which are regulated by a government authority, it shall be the responsibility of the relevant Ship Operator to declare, in writing and without any avoidable delay, to the marine authority concerned the information necessary to obtain such authorisations and consents as may be required, and to apply for and obtain such authorisations and consents necessary to the carrying out of the Operation. In addition: 9.7.1 unless authorised to do so by the relevant Maintenance Authority, the Ship Operator shall not permit the relevant Cable Ship to sail prior to the receipt of the necessary authorisations and consents; 9.7.2 the relevant Maintenance Authority shall provide all reasonable support, as requested by the Ship Operator, in the obtaining of the necessary authorisations and consents; Atlantic Cable Maintenance and Repair Agreement -------------------------------------------------------------------------------- 9.7.3 the Ship Operator shall inform the relevant Maintenance Authority if the necessary authorisations and consents have not been received after 2 (two) working days from the date of making the application to the relevant marine authority; 9.7.4 the Ship Operator shall not be liable for any delay which may occur in the obtaining of the necessary authorisations and consents, where the delay is caused by reasons beyond the control of the Ship Operator.

Operational Responsibilities. 9.1 The responsibility (a) LICENSEE at its own cost and expense shall be responsible for planning maintenance of its equipment and directing an Operation or part thereof shall rest with the Ship Operator concerned unless the Maintenance Authority concerned has elected in writing to assume that responsibility and has nominated its Authorised Shipboard Representative or its Authorised Shore Representative improvements, if any, in accordance with Article 10.2all applicable laws and regulations. All maintenance work shall be performed by certified steeplejacks or contractors, whose certificates of insurance are on file with LICENSOR and previously approved in writing when requested by LICENSOR. In the event LICENSOR in its sole opinion, determines that any structural modifications or repairs are needed to be made to its tower or surrounding premises due to the presence of LICENSEE's equipment or other improvements, LICENSOR shall give notice of such fact to LICENSEE, and LICENSEE shall have the right to (i) terminate this Agreement by giving ten (10) days written notice to LICENSOR, or (ii) LICENSEE may make this needed modifications and repairs, except as otherwise agreed upon by the parties at its sole cost and expense, in accordance with provisions of Paragraph (4) (a) hereto. 9.2 Whether (b) LICENSOR agrees that LICENSEE shall have free access to the tower and associated equipment shelters for the purpose of installing LICENSEE's radio equipment, and that during the continuation of this Agreement, LICENSEE shall have free ingress and egress to the said tower and associated equipment shelters for the purpose of maintaining and repairing LICENSEE's equipment. LICENSEE agrees that only authorized engineers of LICENSEE, or not such an election has been made pursuant persons under their direct supervision (including subcontractors), will be permitted to Article 9.1:enter said property for any purpose as permitted herein. Additionally, LICENSEE agrees that its coaxial cable must be permanently identified at the top and bottom and that all equipment(radio cabinets) inside LICENSOR's equipment building shall be identified with labels provided by LICENSOR. LICENSEE understands and agrees that other licensees and their authorized representatives shall similarly have access, ingress and egress to the tower for similar purposes. 9.2.1 each Cable Ship shall (c) LICENSOR at all times remain under during the direct control term of this License Agreement will maintain, at its expense (including the Ship Operator costs of any utilities), the tower and nothing the tower sites and will (d) Provided that LICENSEE is not in default in the performance of its obligations hereunder beyond any applicable notice and cure periods, at the expiration of this Agreement or earlier termination hereof, LICENSEE shall be construed remove its equipment and/or LICENSEE's equipment house, if any, provided that such removal is done by a certified steeplejack or contractor previously approved in writing by LICENSOR, as a demise or charter of a Cable Ship to the Maintenance Authorityprovided for in paragraph 6a., jointly or severally; and 9.2.2 nothing in this Agreement shall be deemed to reduce, interfere with, or otherwise impair the full authority and responsibility of the Master of a Cable Ship for its safe operation and navigation, or for the safety of those on board. Atlantic Cable Maintenance and Repair Agreement -------------------------------------------------------------------------------- REPAIR PRACTICES 9.3 Each Ship Operator shall ensure that its Cable Ship is capable of carrying out any necessary Repair or Maintenance and Improvement on all Standard Scheduled Cables. 9.4 For Specific Scheduled Cables, it shall be the responsibility of the Maintenance Authority responsible for each such Specific Scheduled Cable to instruct the Ship Operator to carry out any necessary Repair or Maintenance and Improvement in accordance with relevant Specific Practices supplied a previously approved removal plan, in a workmanlike manner, without any interference, damage or destruction to that Ship Operator any other equipment, structures or operations of the tower, and without injury or damage to the tower. Any and all interference or damage caused to the tower or operations of the tower by the relevant Maintenance Authoritysuch removal shall be immediately repaired or eliminated by LICENSEE. If no LICENSEE fails to make such instructions on Specific Practices are receivedrepairs within three (3) days after occurrence of such damage, injury or interference, LICENSOR may perform all the normal practices of the Ship Operator necessary repairs at LICENSEE's cost and expense and such sum shall be followedimmediately due upon the rendering of an invoice as an additional fee hereunder. 9.5 The Management Committee shall, with that Party's consent, appoint one of the Parties to be the Schedule E Party whose function shall be to prepare, revise and distribute Schedule E. 9.6 A Maintenance Authority which is responsible for a Specific Scheduled Cable may apply to the Management Committee to have such Specific Scheduled Cable re-categorised as a Standard Scheduled Cable and included as such in Annex 1 to Schedule E. The Management Committee shall then consider the costs and benefits deriving from the approval of such application as well as the technical specification and state of qualification of such Specific Scheduled Cable and either approve or not approve such application. If required, the Management Committee shall then instruct the Schedule E Party to revise Schedule E to take account of any change to Standard Practices arising from the re-categorisation of a Specific Scheduled Cable to a Standard Scheduled Cable and thereafter to distribute such amended Schedule E to the Parties. AUTHORISATIONS AND CONSENTS 9.7 When an Operation takes place in waters which are regulated by a government authority, it shall be the responsibility of the relevant Ship Operator to declare, in writing and without any avoidable delay, to the marine authority concerned the information necessary to obtain such authorisations and consents as may be required, and to apply for and obtain such authorisations and consents necessary to the carrying out of the Operation. In addition: 9.7.1 unless authorised to do so by the relevant Maintenance Authority, the Ship Operator shall not permit the relevant Cable Ship to sail prior to the receipt of the necessary authorisations and consents; 9.7.2 the relevant Maintenance Authority shall provide all reasonable support, as requested by the Ship Operator, in the obtaining of the necessary authorisations and consents; Atlantic Cable Maintenance and Repair Agreement -------------------------------------------------------------------------------- 9.7.3 the Ship Operator shall inform the relevant Maintenance Authority if the necessary authorisations and consents have not been received after 2 (two) working days from the date of making the application to the relevant marine authority; 9.7.4 the Ship Operator shall not be liable for any delay which may occur in the obtaining of the necessary authorisations and consents, where the delay is caused by reasons beyond the control of the Ship Operator.

Operational Responsibilities. 9.1 11.1 The responsibility for planning and directing an Operation or part thereof work on a DESIGNATED CABLE shall rest with the Ship Operator concerned OPERATOR of the respective SCARAB SYSTEM unless the Maintenance Authority MAINTENANCE AUTHORITY concerned has elected in writing to assume take on that responsibility and has nominated its Authorised Shipboard Representative or its Authorised Shore Representative in accordance with Article 10.2responsibility. 9.2 11.2 Whether or not such an election has been made pursuant to Article 9.1:made:- 9.2.1 11.2.1 each Cable Ship SCARAB SYSTEM shall at all times remain under the direct control of the Ship Operator respective OPERATOR and nothing in this Agreement AGREEMENT shall be construed as a demise or charter of a Cable Ship SCARAB SYSTEM to the Maintenance AuthorityMAINTENANCE AUTHORITIES, jointly or severally; , and 9.2.2 11.2.2 nothing in this Agreement AGREEMENT shall be deemed to reduce, interfere with, or otherwise impair the full authority and responsibility of the Master OPERATOR of a Cable Ship SCARAB SYSTEM for its safe operation and navigation, or for the safety of those on boardthe OPERATOR'S personnel. Atlantic Cable Maintenance In complying with any directions given by an Authorised Shipboard Representative designated by a MAINTENANCE AUTHORITY, the OPERATOR shall take full account of the risk of impairing the safety of the SCARAB SYSTEM and Repair Agreement -------------------------------------------------------------------------------- REPAIR PRACTICES 9.3 Each Ship Operator shall ensure that its Cable Ship is capable of carrying out any necessary Repair or Maintenance and Improvement on all Standard Scheduled Cablesthe OPERATOR's personnel. 9.4 For Specific Scheduled Cables, it 11.3 SCARAB SYSTEM operations shall be the responsibility of the Maintenance Authority responsible for each such Specific Scheduled Cable to instruct the Ship Operator to carry carried out any necessary Repair or Maintenance and Improvement in accordance with relevant Specific Practices the instructions supplied to that Ship Operator by the relevant Maintenance Authorityappropriate MAINTENANCE AUTHORITY. If no such instructions on Specific Practices are received, the normal practices of the Ship Operator shall respective OPERATOR may be followed. 9.5 11.4 The Management Committee shallMAINTENANCE AUTHORITY for whom any work is being carried out may assign to the operation concerned one (or, with that Party's consentif accommodation is available, appoint one more than one) representative for the duration of the Parties work. However, permission to be board the Schedule E Party whose function Host Vessel by any such representative shall be to prepare, revise and distribute Schedule E. 9.6 A Maintenance Authority which is responsible for a Specific Scheduled Cable may apply subject to the Management Committee acceptance by the representative and the MAINTENANCE AUTHORITY of the Host Vessel owner's waiver-of-liability requirements. 11.5 A MAINTENANCE AUTHORITY which has elected to have such Specific Scheduled Cable re-categorised as a Standard Scheduled Cable undertake the responsibility for planning and included as such directing any work, shall designate in Annex 1 to Schedule E. The Management Committee shall then consider the costs and benefits deriving from the approval of such application as well as the technical specification and state of qualification of such Specific Scheduled Cable and either approve or not approve such applicationwriting its "Authorised Shipboard Representative". If required, the Management Committee shall then instruct the Schedule E Party to revise Schedule E to take account of any change to Standard Practices arising from the re-categorisation of a Specific Scheduled Cable to a Standard Scheduled Cable and thereafter to distribute such amended Schedule E to the Parties. AUTHORISATIONS AND CONSENTS 9.7 When an Operation takes place in waters which are regulated by a government authorityit does not do so, it shall be the responsibility designate in writing an "Authorised Shore Representative". 11.6 The function of the relevant Ship Operator Authorised Shipboard Representative or the Authorised Shore Representative designated under Article 11.5 is to declare, in writing and without any avoidable delay, communicate to the marine authority concerned OPERATOR (in writing, or by confirmatory radio message, if reasonably required) the information necessary to obtain such authorisations and consents as may be required, and to apply for and obtain such authorisations and consents necessary requirements of the MAINTENANCE AUTHORITY concerning the work; these requirements shall relate only to the carrying out of particular operation on which the Operation. In addition:SCARAB SYSTEM is then engaged. 9.7.1 unless authorised to do so 11.7 The relevant MAINTENANCE AUTHORITY shall be responsible for ensuring that the OPERATOR is provided with cable system documentation and any specialised equipment and expertise identified by the relevant Maintenance Authority, OPERATOR as necessary for the Ship Operator operation concerned. The OPERATOR shall not permit exercise due diligence for the relevant Cable Ship to sail prior to the receipt safe keeping of the necessary authorisations any plant and consents; 9.7.2 the relevant Maintenance Authority shall provide all reasonable support, as requested equipment provided by the Ship Operator, in the obtaining of the necessary authorisations and consents; Atlantic Cable Maintenance and Repair Agreement -------------------------------------------------------------------------------- 9.7.3 the Ship Operator shall inform the relevant Maintenance Authority if the necessary authorisations and consents have not been received after 2 (two) working days from the date of making the application to the relevant marine authority; 9.7.4 the Ship Operator shall not be liable for any delay which may occur in the obtaining of the necessary authorisations and consents, where the delay is caused by reasons beyond the control of the Ship Operatora MAINTENANCE AUTHORITY.