Operation and Maintenance of Equipment. To the best knowledge of Borrower, no Person owning or operating any equipment necessary for the operation of the System has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of Borrower to use or make use of the same or which could result in any material liability of Borrower for damages in connection therewith. To the best knowledge of Borrower, all of the equipment and other tangible personal property owned by Borrower is, in all material respects, in good operating condition and repair (subject to normal wear and tear) and, to the best knowledge of Borrower, has been used, operated and maintained in substantial compliance with all applicable laws, rules and regulations.
Operation and Maintenance of Equipment. All of the Equipment and other tangible personal property owned by Borrower is in good operating condition and repair (subject to normal wear and tear) and has been used, operated and maintained in compliance in all material respects with all Applicable Laws.
Operation and Maintenance of Equipment. No Person owning or operating any equipment and other tangible personal property in connection with the operation of the Business has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of the Seller or any Subsidiary to use or make use of the same which could result in a Material Adverse Effect. All of the material equipment and other tangible personal property which will be owned by the Seller or any Subsidiary upon the Closing is in good operating condition and repair (subject to normal wear and tear) and has been used, operated and maintained in compliance with all material applicable laws, rules and regulations, including, without limitation, any Licenses and Environmental Laws the failure of compliance with which could result in a Material Adverse Effect.
Operation and Maintenance of Equipment. Subject to the last sentence of this Section 6(a), prior to the Legacy Stop Date (as defined in Section 5(b)(iii)), Licensee may operate the legacy video transmission equipment currently in place, if any (including replacements thereto), for the Channels (the "EBS EQUIPMENT") at each transmission site (including substituted and additional sites), it being understood that Licensee's operations under this Section 6(a) are solely for Licensee's educational purposes. If Licensee chooses not to operate the transmission equipment currently in place or replacements thereto, then Licensee and Clearwire will cooperate in filing all necessary applications and notices with the FCC to "go dark" and not transmit on the Channels for an allowed period of time or notify the FCC that Licensee has ceased operation. If Clearwire or any of its Affiliates has EBS and/or BRS spectrum operations in the Market Area of the Channels, then Clearwire will operate legacy video for Licensee at Clearwire's expense until the earlier of the Legacy Stop Date and the end of the Transition.
Operation and Maintenance of Equipment. To the best knowledge of each Borrower, no Person owning or operating any equipment necessary for the operation of Borrowers' Security Monitoring Business has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of any Borrower to use or make use of the same or which could result in any material liability of any Borrower for damages in connection therewith. All of the equipment and other tangible personal property owned by each Borrower on the Closing Date is, in all material respects, in good operating condition and repair (subject to normal wear and tear) and has to the best knowledge of each Borrower, been used, operated and maintained in substantial compliance with all applicable laws, rules and regulations.
Operation and Maintenance of Equipment. All of the Equipment and other tangible personal property owned by the Obligors is in good operating condition and repair (subject to normal wear and tear) and has been used, operated and maintained in compliance in all material respects with all Applicable Laws.
Operation and Maintenance of Equipment. No equipment owned or operated by Borrower which is necessary for the operation of any Collateral Store has been used, operated or maintained in a manner which now or hereafter could result in the cancellation or termination of the right of Borrower to use or make use of the same or which could result in any material liability of Borrower for damages in connection therewith. All of the equipment and other tangible personal property owned by Borrower used in the operation of the Collateral Stores is, in all material respects, in good operating condition and repair (subject to normal wear and tear) and has been used, operated and maintained in substantial compliance with all material applicable laws, rules and regulations.
Operation and Maintenance of Equipment. Neither Borrower nor any Subsidiary of Borrower owning or operating any equipment necessary for the operation of its business has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of such Person to use or make use of the same or which could result in any material liability of such Person for damages in connection therewith. All of the equipment and other tangible personal property owned by Borrower and each Subsidiary of Borrower is, in all material respects, in good operating condition and repair and has been used, operated and maintained in substantial compliance with all applicable laws, rules and regulations.
Operation and Maintenance of Equipment. Neither Borrower, -------------------------------------- Company nor, to the knowledge of Borrower, any other Person owning or operating any equipment necessary for the operation of the Business of Borrower or Company has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of Borrower or Company to use the same or which could result in any material liability of Borrower for damages in connection therewith. All of the equipment and other tangible personal property owned by Borrower or Company is in good operating condition and repair, reasonable wear and tear from ordinary usage excepted, and has been used, operated and maintained in compliance with all applicable laws, rules and regulations.
Operation and Maintenance of Equipment. CSI shall have sole authority to operate the Equipment as part of the Project and shall have sole responsibility for repair and maintenance of the Equipment; provided that CSI shall have no obligation to operate, maintain or repair any element or item of the Project the operation, maintenance or repair of which becomes uneconomic to CSI because of damage or destruction or obsolescence (including economic obsolescence), or change in government standards and regulations, or the termination by CSI of the operation of the facilities to which the element or item of the Project is an adjunct. The parties acknowledge that CSI is, contemporaneously herewith, entering into a Purchase and Maintenance Agreement for an IP-Based Next Generation 9-1-1 Communication System (“Purchase and Maintenance Agreement”) with NG-911, Inc. Clearwave is neither a party to, nor a third party beneficiary of the Purchase and Maintenance Agreement. CSI shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn out, unsuitable, undesirable, inappropriate or unnecessary machinery, equipment or other personal property comprising a part of the Equipment. In any instance where CSI in its sole discretion determines that any such item of the Equipment has become inadequate, obsolete, worn out, unsuitable, undesirable, inappropriate or unnecessary, CSI may remove such item from the Project.
