Operations Agreement. Each Operations Agreement is in full force and effect and neither Borrower nor Operating Lessee nor, to Borrower’s and Operating Lessee’s knowledge, any other party to any Operations Agreement, is in material default thereunder, and to Borrower’s and Operating Lessee’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a material default thereunder. Except as described herein (including the Exhibits and Schedules attached hereto), no Operations Agreement has been modified, amended or supplemented.
Operations Agreement. Sequel shall on Closing enter into an operations agreement with LIVESTAR outlining standards and procedures by which Sequel will operate as a subsidiary of LIVESTAR and pursuant to which LIVESTAR shall be paid management fees for services provided to Sequel. LIVESTAR shall not be entitled to receive any management fees, however, until after Closing.
Operations Agreement. During the Interim Phase, Intracel and Lehigh agree to negotiate in good faith the terms of an Operations Agreement to be entered into at the Final Closing by ICC, Intracel and Lehigh (the "OPERATIONS AGREEMENT"). The Operations Agreement shall set forth all the rights and obligations of ICC, Intracel and Lehigh during the Operational Phase, including, but not limited to, those rights and obligations described in Sections 5 and 7 above and the additional operational rights of Intracel and Lehigh described below. In the event of an inconsistency between the terms and conditions of this Agreement relating to the rights and obligations of ICC, Intracel and Lehigh with respect to those contained in the Operations Agreement, the Operations Agreement's terms and conditions shall govern. The parties hereto shall each use its best efforts to cause ICC to execute the Operations Agreement on the Final Closing Date.
Operations Agreement. The Town and Casella of Ontario shall, simultaneously with the execution of this Amendment, enter into an operation, management and lease agreement to provide for the lease of the Borrow Area from the Town to Casella of Ontario, effective upon the conveyance of the Borrow Area from Casella of Ontario to the Town, for the purpose of using the Borrow Area as a soil borrow area for the Landfill, in substantially the form set forth in Exhibit “C,” attached hereto and incorporated herein by reference (“Operations Agreement”). The Operations Agreement shall provide Casella of Ontario with exclusive use and full operational control of the Borrow Area, subject to the Deed Restriction, for a term concurrent to the OMLA, plus any additional period of time necessary to permit Casella of Ontario to satisfy all of its obligations associated with the Landfill or the Borrow Area under all applicable Permits and to reclaim the Borrow Area.