Operations Phase Clause Samples

Operations Phase. Subject to the terms of this Agreement, the Operations Period shall commence on the Service Commencement Date and conclude on the Expiry Date or the Termination Date, if earlier.

Operations Phase. During the Operations Phase, Value-added Services can be added or removed only by written amendment of the Contract one time per fiscal year to be effective September 1 of the fiscal year, except when services are amended by HHSC during the fiscal year. This will allow HHSC to coordinate with annual revisions to HHSC’s HMO Comparison Charts for Members. A HMO’s request to add or delete a Value-added Service must be submitted to HHSC by May 1 of each year to be effective September 1 for the following contract period. (For STAR and CHIP, see Attachment B-3, Value-Added Services. For STAR+PLUS, see Attachment B-3.1, STAR+PLUS Value-Added Services. For CHIP Perinatal, see Attachment B-3.2, CHIP Perinatal Value-Added Services.) A HMO’s request to add a Value-added Service must:

Operations Phase. Monitor Rent and Additional Rent Payments (MOU ¶ 12.c)

Operations Phase. Agreement on three NBA/NHL arenas for Operating Standards (MOU ¶ 14.a) Agreement on approval of material changes to Operating Standards (MOU ¶ 14.b) Agreement on approval of investment of Reserve Account money (MOU ¶ 12.e(ii)) Agreement to draw on Reserve Account (MOU ¶ 12.e.(iii)) Agreement on responses to default, enforcement of security interests/guarantees, and draws on Capital Account and City-County Capital Account (MOU ¶¶ 12.f, 12.d and 12.e) Agreement on Five-Year CIP (MOU ¶ 13.c) Agreement on repairs, replacements or maintenance for Arena (MOU ¶ 13.c) Agreement on use funds in City-County Capital Account (MOU ¶ 12.e) Agreement on use of the Arena for City-County Events (MOU ¶ 14.c) *Agreement on sale of ArenaCo or assignment of Arena contracts (MOU ¶ 20.c.)* Agreement on Dispute Resolution decisions (MOU ¶ 25)

Operations Phase. The period of time commencing upon the effective date of this Agreement and continuing thereafter through the Term of this Agreement as defined in Article 10.

Operations Phase. During the Operations Phase, Contractor shall perform with respect to the Combined Facility the services specified in Exhibit III of this Agreement.

Operations Phase. 22.2.1 With the exception of the following duties, royalties and taxes, the Company is exempt from all other royalties, duties and taxes: (A) FIXED DUTIES - award or renewal 1 000 000 F CFA - transfer 2 000 000 F CFA - extension 2 500 000 F CFA (B) ANNUAL SURFACE RIGHTS: - first term of validity 100 000 CFA/km(2) - second term of validity 100 000 CFA/km(2) - extension 150 000 CFA/km(2)

Operations Phase. Upon receipt of the Construction Completion Certificate (partial or full) pursuant to clause 18, the ESCO shall service and maintain the Equipment in accordance provisions set out in the Schedule 10 (ESCO's Maintenance Obligations). The consideration payable to the ESCO for such work shall be included in the Shared Savings Payments and/or Charges. For the avoidance of doubt, partial Construction Completion Certificates shall only be applicable in relation to Premises where all the Works have been completed, as opposed to parts of Premises or ECMs across several Premises being completed. ESCO shall have no liability to the Customer for any interruption to the energy supply to the Premises where such interruption of supply is due to any event outside of ESCO's control. ESCO shall carry out or procure the carrying out of the measurement and verification works set out in Schedule 14 (ESCO’s Proposal) and Schedule 7 (Energy Saving Measurement and Verification Plan) in accordance with the terms of the Contract. The consideration payable to the ESCO for such work shall be included in the Shared Savings Payments and/or Charges. In the event that the Customer becomes aware of any defect in the performance of the ESCO's Work, the Customer shall notify the ESCO in writing of such defective performance. Upon receiving such notice, the ESCO shall rectify such defective Work as soon as is reasonably possible, and in any event within three (3) Business Days or such time as specified in Schedule 10 (ESCO's Maintenance Obligations), and shall notify the Customer in writing of the remedial action it has undertaken. If the ESCO fails to complete rectification works within three (3) Business Days of receiving written notice from the Customer, the Customer may itself, or engage another third party to, perform such rectification work at the ESCO's expense, which shall be a debt due and payable by the ESCO upon written demand from the Customer. The ESCO shall be fully responsible for replacing and installing any Equipment at its own cost for the duration of the Contract in accordance with clause 3. If any dispute arises between the Parties in respect of the issue of the replacement of Equipment according to clause 10.21, the matter shall be referred for resolution in accordance with clause 33. The ESCO represents and warrants to the Customer that all items of Equipment not meeting the required performance levels as specified in Schedule 8 (Standards & Specifications) shall be re...

Operations Phase. During the Operations Phase, Value-added Services can be added or removed only by written amendment of the Contract one time per fiscal year to be effective September 1 of the fiscal year, except when services are amended by HHSC during the fiscal year. This will allow HHSC to coordinate with annual revisions to HHSC’s HMO Comparison Charts for Members. A HMO’s request to add or delete a Value-added Service must be submitted to HHSC by May 1 of each year to be effective September 1 for the following contract period. (For STAR and CHIP, see Attachment B-3, Value-Added Services. For STAR+PLUS, see Attachment B-3.1, STAR+PLUS Value-Added Services. For CHIP Perinatal, see Attachment B-3.2, CHIP Perinatal Value-Added Services.) A HMO’s request to add a Value-added Service must: a Define and describe the proposed Value-added Service; b Specify the Service Areas and HMO Programs for the proposed Value-added Service; c Identify the category or group of mandatory Members eligible to receive the Value-added Service if it is a type of service that is not appropriate for all mandatory Members; d Note any limits or restrictions that apply to the Value-added Service; e Identify the Providers responsible for providing the Value-added Service; f Describe how the HMO will identify the Value-added Service in administrative (Encounter) data; g Propose how and when the HMO will notify Providers and mandatory Members about the availability of such Value-added Service; h Describe how a Member may obtain or access the Value-added Service; and i Include a statement that the HMO will provide such Value-added Service for at least 12 months from the September 1 effective date. A HMO cannot include a Value-added Service in any material distributed to mandatory Members or prospective mandatory Members until the Parties have amended the Contract to include that Value-added Service. If a Value-added Service is deleted by amendment, the HMO must notify each mandatory Member that the service is no longer available through the HMO. The HMO must also revise all materials distributed to prospective mandatory Members to reflect the change in Value-added Services.