Services Contractor Agrees to Perform Contractor agrees to perform the Services provided for in Appendix A, “Scope of Services." Officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Services beyond the Scope of Services listed in Appendix A, unless Appendix A is modified as provided in Section 11.5, "Modification of this Agreement."
Authorization to Perform Services The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written Notice to Proceed from the City.
Parties to Perform Obligations 16.4.1 Notwithstanding the existence of any Dispute and difference referred to the Appropriate Commission and save as the Appropriate Commission may otherwise direct by a final or interim order, the Parties hereto shall continue to perform their respective obligations (which are not in dispute) under this Agreement.
SERVICES AND RESPONSIBILITIES 2.1 Contractor hereby agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA and completed and completed within that certain number of days from the issuance of a Work Order by the NMCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “
Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.
Responsibility for Performance Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.
Employee Access to Personnel File An employee shall have the right to read and review his/her personnel file on reasonable notice and by written request to the Human Resources Manager. An employee may request and shall receive a copy of any record or document contained in the employee’s personnel file.
SCOPE OF WORK AND RESPONSIBILITIES 1. Interconnection Customer’s Scope of Work and Responsibilities The Interconnection Customer will design, construct, own, operate and maintain the Interconnection Customer’s Interconnection Facilities and Collection Feeder Lines in accordance with the following requirements, to the extent not inconsistent with the terms of this Agreement, the ISO OATT or applicable NYISO Procedures: NYISO requirements, industry standards and specifications, regulatory requirements, the Connecting Transmission Owner’s applicable Connecting Transmission Owner’s Electric System Bulletins (“ESBs”), provided at the following website: xxxxx://xxx.xxxxxxxxxxxxxx.xxx/ProNet/Technical-Resources/Electric- Specifications, the System Protection and Interconnection Customer Attachment Facilities Electric Installation Specification for Xxxxxxxxx Solar Project provided as Appendix C to the Facilities Study for the Small Generating Facility (“Project Specific Specifications”), as such specifications shall be modified as a result of the Interconnection Customer’s post Facilities SERVICE AGREEMENT NO. 2557 Study modifications to the Interconnection Customer’s Interconnection Facilities, and Good Utility Practice. The Interconnection Customer shall submit all engineering design and electrical specifications associated with the Interconnection Customer’s Interconnection Facilities to the Connecting Transmission Owner for its review and acceptance in accordance with the ESBs and Project Specific Specifications. The metering of any redundant or standby station service provisions at the Xxxxxxxxx Solar Collector Substation shall be added in accordance with the Connecting Transmission Owner’s retail tariff, P.S.C. No. 220, and the Connecting Transmission Owner’s ESB 750. As per the Project Specific Specifications, the Interconnection Customer will install the RTU provided by Connecting Transmission Owner in accordance with Connecting Transmission Owner’s ESBs, indoors and within 15 feet of the meter(s), and remote from: • heavy traffic areas, work areas, and loading areas; • heat producing or high electrostatic or electromagnetic field producing equipment; and • station batteries. (Note: If no indoor facility is available, then installation of the RTU and revenue metering equipment in a dedicated, weatherproof, heated cubicle (accessible only to Connecting Transmission Owner) is acceptable.) For the revenue metering, the Interconnection Customer shall install a meter panel in accordance with the Project Specific Specifications, ESB 752 and ESB 750. The Interconnection Customer shall mount the revenue metering CT/PT units, make grounding connections, and complete all primary wiring. The Interconnection Customer shall install the meter socket enclosure near the Connecting Transmission Owner’s RTU in accordance with the Project Specific Specifications. Additional right-of-way (“ROW”) will be required for the construction, operation, and maintenance of the Line 301 Tap and must accommodate the 125’ x 125’ work pads required for the installation of the new structures. The Interconnection Customer is responsible for obtaining the property/easements needed for the Line 301 Tap line, access roads to/from the Line 301 Tap, and work pads, in accordance with the standards set forth in the Connecting Transmission Owner’s Standards and Requirements Relating to Third Party Acquisition and Transfer of Real Property Interests to Niagara Mohawk Power Corporation for Electric Facilities and Survey Specifications (January 2019). The Interconnection Customer is responsible for all permitting. Upon termination of this Agreement, Interconnection Customer shall be responsible for all costs associated with the decommissioning and removal of the Connecting Transmission Owner’s Interconnection Facilities.
Services and Resources Services Contractor Agrees to Perform. Contractor agrees to perform the Services stated in Appendix A, “Scope of Services." Officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Services beyond the Scope of Services listed in Appendix A, unless Appendix A is modified as provided in Section 11.5, "Modification of this Agreement."
Services to be Performed Subject always to the supervision of Manager and the Trust’s Board of Trustees (the “Board”), Sub-Adviser will furnish an investment program in respect of, make investment decisions for, and place all orders for the purchase and sale of securities for the portion of each Fund’s investment portfolio allocated by Manager to Sub-Adviser. In the performance of its duties, Sub-Adviser will satisfy its fiduciary duties to the Trust, will monitor each Fund’s investments, and will comply with the provisions of the Trust’s Declaration of Trust and By-laws, each as amended from time to time (the “Trust Documents”), and the stated investment objectives, policies and restrictions of each Fund. Manager will provide Sub-Adviser with current copies of the Trust Documents, each Fund’s prospectus and Statement of Additional Information and any amendments thereto, and any objectives, policies or restrictions not appearing therein as they may be relevant to Sub-Adviser’s performance under this Agreement. Sub-Adviser and Manager will each make its officers and employees available to the other from time to time at reasonable times to review investment policies of each Fund and to consult with each other regarding the investment affairs of each Fund. Sub-Adviser will report to Manager and the Board with respect to the implementation of its investment program for each Fund. Sub-Adviser is authorized to select the brokers or dealers that will execute the purchases and sales of portfolio securities for each Fund, and is directed to use its best efforts to obtain best execution, which includes most favorable net results and execution of each Fund’s orders, taking into account all appropriate factors, including price, dealer spread or commission, size and difficulty of the transaction and research or other services provided. It is understood that Sub-Adviser will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or the Funds, or be in breach of any obligation owing to the Trust or the Funds under this Agreement, or otherwise, solely by reason of its having caused a Fund to pay a member of a securities exchange, a broker or a dealer a commission for effecting a securities transaction for a Fund in excess of the amount of commission another member of an exchange, broker or dealer would have charged if Sub-Adviser determined in good faith that the commission paid was reasonable in relation to the brokerage or research services provided by such member, broker or dealer, viewed in terms of that particular transaction or Sub-Adviser’s overall responsibilities with respect to its accounts, including the Funds, as to which it exercises investment discretion. In addition, if in the judgment of Sub-Adviser, a Fund would be benefited by supplemental services, Sub-Adviser is authorized to pay spreads or commissions to brokers or dealers furnishing such services in excess of spreads or commissions which another broker or dealer may charge for the same transaction, provided that Sub-Adviser determines in good faith that the commission or spread paid is reasonable in relation to the services provided. Sub-Adviser will properly communicate to the officers and trustees of the Trust such information relating to transactions for each Fund as they may reasonably request. In no instance will portfolio securities be purchased from or sold to Manager, Sub-Adviser or any affiliated person of the Trust, Manager or Sub-Adviser, except as may be permitted under the 1940 Act, and under no circumstances will Sub-Adviser select brokers or dealers for Fund transactions on the basis of Fund share sales by such brokers or dealers. Sub-Adviser further agrees that it:
