Responsibilities of the AUTHORITY Upon Settlement. On and after Settlement, the AUTHORITY will be solely responsible for the repairs, maintenance, modifications and other like obligations for the System and the Acquired Assets with the specific exception of Excluded Liabilities. On and after Settlement, the AUTHORITY own and operate the System and the Acquired Assets in accordance with Prudent Industry Practices. “Prudent Industry Practices” means those methods, techniques, standards, and practices which, at the time they are employed and in light of the circumstances known or believed to exist at the time, are generally accepted as showing skill and good judgment in the water and wastewater industry as practiced in the Eastern United States for facilities of a similar nature and in a similar location as the System and Acquired Assets. Prudent Industry Practices is not necessarily defined as optimal methods, techniques, standards and practices to the exclusion of others, but rather refer to a range of methods, techniques, standards and practices that are reasonable under the circumstances. At a minimum, Prudent Industry Practices shall include those requirements set forth in this Agreement, the rules and regulations promulgated by the AUTHORITY, the water ordinances, practices and procedures of the TOWNSHIP and applicable law (including the rules and regulations of the US Environmental Protection Agency (“EPA”) and/or by the Pennsylvania Department of Environmental Protection (“DEP”)). Provided, however, that to the extent any ordinance, practice or procedure of the TOWNSHIP existing as of the Settlement Date conflicts with the rules and regulations promulgated by the AUTHORITY, the AUTHORITY’s rules and regulations will control and TOWNSHIP agrees to amend any conflicting ordinance to eliminate the conflict. The TOWNSHIP shall not enact any ordinance after the Settlement Date that conflicts with the AUTHORITY’s rules and regulations without prior notice to, and consent by, the AUTHORITY, which consent will not be unreasonably withheld.
Responsibilities of the AUTHORITY Upon Settlement. On and after Settlement, the AUTHORITY will be solely responsible for the repairs, maintenance, modifications and other like obligations for the System and the Acquired Assets with the specific exception of Excluded Liabilities. On and after Settlement, the AUTHORITY shall own and operate the System and the Acquired Assets in accordance with Standard Industry Practices. “Standard Industry Practices” means those methods, techniques, standards, and practices which, at the time they are employed and in light of the circumstances known or believed to exist at the time, are generally accepted as showing skill and good judgment in the wastewater industry as practiced in the Eastern United States for facilities of a similar nature and in a similar location as the System and Acquired Assets. Standard Industry Practices is not necessarily defined as optimal methods, techniques, standards and practices to the exclusion of others, but rather refer to a range of methods, techniques, standards and practices that are reasonable under the circumstances. At a minimum, Standard Industry Practices shall include those requirements set forth in this Agreement, the rules and regulations promulgated by the AUTHORITY, the water and wastewater ordinances, practices and procedures of the TOWNSHIP and applicable law (including the rules and regulations of the EPA and/or the PaDEP.
