Common use of Operator’s Representative Clause in Contracts

Operator’s Representative. (a) The Operator shall name its representative (the “Operator’s Representative”) no later than 14 days after the Effective Date and shall request the Owner to approve the proposed Operator’s Representative. If the Owner makes no objection to the proposed Operator’s Representative, the Operator’s Representative shall be deemed to have been approved. (b) If the Owner objects to the proposed Operator’s Representative before the expiration of 14 days after the proposal, the Operator shall propose a replacement no later than 14 days after receiving the Owner’s objection and reasons for the objection and Section 15.1.2(a) shall apply to the proposed replacement. (c) The Operator’s Representative shall represent and act for the Operator at all times during the performance of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract by the Operator shall be given by the Operator’s Representative, except as herein otherwise provided. (d) All notices, instructions, information, and other communications given by the Owner to the Operator under the Contract shall be given to the Operator’s Representative as established pursuant to this Section 15.1.2. (e) The Operator shall not revoke the appointment of the Operator’s Representative without the Owner’s prior written consent, which shall not be unreasonably withheld. If the Owner consents thereto, the Operator shall appoint some other person as the Operator’s Representative, pursuant to the procedure set out in this Section 15.1.2. (f) The Operator’s Representative may, subject to the approval of the Owner, which shall not be unreasonably withheld, at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Operator’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Owner and the Design-Build Engineer or CSCU Director, as applicable. (g) Any act or exercise by any person of powers, functions and authorities so delegated in accordance with Section 15.1.2(f) shall be deemed to be an act or exercise by the Operator’s Representative.

Operator’s Representative. (a) a. The Operator shall name its representative (the “Operator’s Representative”) no later than 14 days after the Effective Date and shall request the Owner to approve the proposed Operator’s Representative. If the Owner makes no objection to the proposed Operator’s Representative, the Operator’s 's Representative shall be deemed the person named under Clause 21.12 (Notifications). If at some point of time the Operator is unable to have been approvedprovide the services of the person named as the Operator's Representative, then it shall notify the PHTPB its reasons, and thereafter provide a substitute person who can be the Operator's Representative. (b) If b. The person named as the Owner objects Operator's Representative under this Contract shall be a qualified and competent person having previous experience in a similar capacity in works comparable to the proposed Project. Prior to appointment of the Operator’s Representative before the expiration of 14 days after the proposal's Representative, the Operator shall propose a replacement no later than 14 days after receiving also submit the Owner’s objection Curriculum Vitae of the person it proposes to appoint, as its representatives, detailing in particular the relevant project experience, and reasons then obtain the written consent of the PHTPB for the objection and Section 15.1.2(a) appointment of any such Operator's Representative. c. The Operator's Representative shall apply be exclusively employed or engaged by the Operator to give his whole time to the proposed replacement. (c) The Project. Except as otherwise stated in this Management Contract, the Operator’s 's Representative shall represent and act for the Operator at all times during the performance receive on behalf of the Contract. All Operator, all notices, instructions, ordersconsents, approvals, certificates, approvals determinations and all other communications under this Management Contract. Whenever the Contract by Operator's Representative is to be absent from the Operator site for a continuous period in excess of 14 (fourteen) days, a suitable replacement Person shall be given by appointed with the Operator’s Representative, except as herein otherwise provided.PHTPB's consent (d) All notices, instructions, information, and other communications given by the Owner to the Operator under the Contract shall be given to the Operator’s Representative as established pursuant to this Section 15.1.2. (e) The Operator shall not revoke the appointment of the Operator’s Representative without the Owner’s prior written consent, which shall not be unreasonably withheld. If the Owner consents thereto, the Operator shall appoint some other person as the Operator’s Representative, pursuant to the procedure set out in this Section 15.1.2. (f) d. The Operator’s 's Representative maymay delegate, subject to the approval of the Ownerwhile retaining his prime responsibilities, which shall not be unreasonably withheld, at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation to any competent Person, and may be revoked at any timetime revoke any such delegation. Any such delegation or revocation shall be subject to a in writing and shall not take effect until the PHTPB has received prior notice signed by the Operator’s 's Representative, and shall specify specifying the powers, functions and authorities thereby being delegated or revoked. No such delegation or revocation Operator's Representative shall take effect unless and until a copy thereof has been delivered notify to the Owner PHTPB the names, duties and scope of authority of any such Persons. Any instructions given by the Design-Build Engineer or CSCU Director, as applicable. (g) Any act or exercise by PHTPB to any person of powers, functions and authorities so delegated in accordance with Section 15.1.2(f) them shall be deemed to be an act or exercise by have been given to the Operator’s 's Representative.