Common use of Proposed Operating Standards Clause in Contracts

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. The Authority may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required by the Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. Until the Authority provides its Approval for the implementation of the Concessionaire’s proposed operating standards, the Concessionaire shall not implement the proposed operating standards and shall implement and comply with the Operating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority in accordance with the terms hereof. If the Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority City for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating StandardsStandards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”). The Authority may request Concessionaire shall provide any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required requested by the Authority City to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve satisfy the objectives of the applicable Operating StandardsApproval Criteria. Until the Authority provides its Approval for the implementation of the Concessionaire’s proposed operating standardsstandards may be withheld, delayed or conditioned only if the Concessionaire shall not implement City reasonably determines that the Concessionaire’s proposed operating standards and shall implement and comply with are not reasonably designed to satisfy the Operating StandardsApproval Criteria. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority City in accordance with the terms hereof. If the Authority City refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority City for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. The Authority City may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required by the Authority City to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. Until the Authority City provides its Approval for the implementation of the Concessionaire’s proposed operating standards, the Concessionaire shall not implement the proposed operating standards and shall implement and comply with the Operating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority City in accordance with the terms hereof. If the Authority City refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution arbitration under the provisions of Article 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations investigations, and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. The Authority may request any additional supporting information, certificates, reports, studies, investigations investigations, and other materials as are reasonably required by the Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. Approval of the Concessionaire’s proposed operating standards may be withheld, delayed or conditioned only if the Authority reasonably determines that the Concessionaire’s proposed operating standards are not reasonably designed to achieve the objectives of the applicable Operating Standards. Until the Authority provides its Approval for the implementation of the Concessionaire’s proposed operating standards, the Concessionaire shall not implement the proposed operating standards and shall implement and comply with the Operating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority in accordance with the terms hereof. If the Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution arbitration under the provisions of Article ARTICLE 19.

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating StandardsStandards that the proposed operating standards would modify and will assure that all affected portions of the System are operated in a manner consistent with public purpose requirements of Section 3.18 (the “Approval Criteria”). The Authority may request Concessionaire shall provide any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required requested by the Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve satisfy the objectives of the applicable Operating StandardsApproval Criteria. Until the Authority provides its Approval for the implementation of the Concessionaire’s proposed operating standardsstandards may be withheld, delayed or conditioned only if the Concessionaire shall not implement Authority reasonably determines that the Concessionaire’s proposed operating standards and shall implement and comply with are not reasonably designed to satisfy the Operating StandardsApproval Criteria. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority in accordance with the terms hereof. If the Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.19.‌

Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Technical Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority for Approvalthe Authority's approval. The Concessionaire’s 's proposed operating standards must be accompanied by an explanation of the Concessionaire’s 's rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s 's proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Technical Standards. The Authority may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required by the Authority to determine if the Concessionaire’s 's proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Technical Standards. Until the Authority provides its Approval approval for the implementation of the Concessionaire’s 's proposed operating standards, the Concessionaire shall not implement the proposed operating standards and shall continue to implement and comply with the Operating then existing Technical Standards. The Concessionaire’s 's proposed operating standards standards, which comply with Standard Industry Practice and Applicable Law, shall be deemed incorporated into the Operating Technical Standards upon Approval approval by the Authority in accordance with the terms hereof. If the Authority refuses to Approve does not approve any proposed operating standards and the Concessionaire disagrees with such refusalthe Authority, the Concessionaire may submit the matter to dispute Dispute resolution under the provisions of Article 19procedures set forth in Section 24.