Common use of Applications and Submittals Clause in Contracts

Applications and Submittals. The Company, at its own expense, shall make all filings, applications and reports necessary to obtain and maintain all Legal Entitlements required to be made, obtained or maintained by each in order to operate the Wastewater System, including those set forth in Appendix 5 hereto, and shall cooperate with each other with respect thereto. The Company, at its own expense, shall supply all data and information in a timely manner, which may be required by Applicable Law or to obtain a Legal Entitlement; shall completely familiarize itself with the terms and conditions of all Legal Entitlements pertaining to the Wastewater System, regardless of the identity of the permittee; and shall take all other action necessary or otherwise reasonably requested by the Borough in order to assist the Borough in obtaining, maintaining, renewing, extending and complying with the terms of all Legal Entitlements necessary subsequent to the Commencement Date in order to perform the Operation Services. All data, information and action shall be supplied and taken on a timely basis considering the requirements of Applicable Law and the responsibilities of the Borough as beneficial owner of the Facility and primary permittee. The data and information supplied by the Company to the Borough, or the Borough to the Company, and all regulatory agencies in connection therewith shall be correct and complete in all material respects, and the Company or the Borough, as appropriate, shall be responsible for any consequences which may result from the submission of materially incorrect or incomplete information. The Company shall not submit any data or information directly to the regulatory agencies unless required to do so under Applicable Law or by the terms of an existing Legal Entitlement, or unless requested to do so by the Borough. The Company shall report to the Borough all violations of the terms and conditions of any Legal Entitlement or Applicable Law pertaining to the Facility promptly upon learning of such violation. Notwithstanding whether a regulatory enforcement action has been undertaken by any other Governmental Body, the Company shall not be relieved of its obligation to comply with the terms and provisions of all applicable Legal Entitlements and failure to do so shall constitute a breach of this Agreement.

Appears in 2 contracts

Sources: Wastewater Treatment System Operation and Maintenance Agreement, Wastewater Treatment System Operation and Maintenance Agreement