Encore Operating definition
Examples of Encore Operating in a sentence
Notwithstanding the foregoing, nothing contained herein shall relieve Encore Operating of its obligations hereunder.
Encore Operating acknowledges that all charges for Services assessed by Encore Operating and included in the Payment Amount must be approved by the persons authorized to approve such Payment Amount pursuant to the Partnership’s governance and delegation-of-authority process.
If the Partnership Group suffers Damages arising out of this Agreement, which Damages were caused by the gross negligence or willful, intentional misconduct of Encore Operating, Encore Operating’s sole liability to the Partnership Group shall be to properly perform the Services in question at no additional cost to the Partnership Group and to pay the Partnership Group for any and all direct damages suffered by the Partnership Group.
Upon the request of the Partnership, Encore Operating shall furnish a reasonable detail of the Services provided and charges assessed during any quarter.
Encore Operating hereby accepts such engagement and agrees to perform the Services requested by the General Partner and to provide any personnel, facilities, goods and equipment not otherwise provided by the Partnership Group, and to provide all employees as may be reasonable and necessary to perform the Services.
Encore Operating agrees that it and its Affiliates will utilize such intellectual property solely in connection with the performance of the Services.
Notwithstanding the foregoing, a Party is not required to settle any strike, lockout or other labor dispute in which it may be involved; provided, however, that, in the event of a strike, lockout or other labor dispute affecting Encore Operating, Encore Operating shall use reasonable efforts to continue to perform all obligations hereunder by utilizing its management personnel and that of its Affiliates.
Notwithstanding the foregoing, Encore Operating will use all commercially reasonable efforts to grant such right and license to the Partnership Group.
In the event that Encore Operating owes the Partnership a sum certain in an uncontested amount under any other agreement, then any such amounts may be aggregated and the Partnership and Encore Operating may discharge their obligations by netting those amounts against any amounts owed by the Partnership to Encore Operating under this Agreement.
Encore Operating shall review and respond in a timely manner to any claims or inquiries made by the Partnership regarding matters revealed by any such inspection, examination or audit.