Concessionaire Obligation to Manage and Operate Clause Samples

The 'Concessionaire Obligation to Manage and Operate' clause requires the concessionaire to take full responsibility for the day-to-day management and operation of the concession asset or service. This typically includes ensuring that the facility or service is run efficiently, maintained to agreed standards, and complies with all relevant laws and regulations. For example, in a public-private partnership for a toll road, the concessionaire would be responsible for toll collection, road maintenance, and customer service. The core function of this clause is to clearly allocate operational responsibilities to the concessionaire, ensuring accountability and consistent service delivery throughout the concession period.
Concessionaire Obligation to Manage and Operate. (a) The Concessionaire shall, from and after the first to occur of the Service Commencement Date and the Final Acceptance Date through the expiration or earlier termination of the Term, cause the HOT Lanes to be managed, maintained and operated in accordance with all applicable Law, all Regulatory Approvals, and the terms, conditions and standards set forth in this Agreement, including the operations and maintenance requirements set forth in the Technical Requirements, attached as Exhibit N. For the avoidance of doubt, the obligations of the Concessionaire under this Section 8.03 or with respect to Major Maintenance shall not include any obligation to maintain, repair or renew the Springfield Interchange Phase VIII, which shall be the responsibility of the Department or, to the extent provided in the Design-Build Contract, the Design Build Contractor. Without limiting the foregoing, the Concessionaire agrees to be responsible for the following, at its sole cost and expense: (i) the management and control of traffic on the HOT Lanes, including but not limited to, incident response services and temporary partial or full closures of the HOT Lanes; (ii) the maintenance and repair of the HOT Lanes Project and all systems and components thereof, including the ETTM System, which the Concessionaire may upgrade, modify, change and replace, as applicable, in accordance with this Agreement and the operations and maintenance requirements set forth in Exhibit N; (iii) the operation of the HOT Lanes Project, the ETTM Facilities and the ETTM System and otherwise carrying out the collection and enforcement of tolls and other incidental charges respecting the HOT Lanes; (iv) the maintenance, compliance with and renewal of Regulatory Approvals necessary and incidental to the foregoing activities; (v) traffic management, and maintenance and repair responsibilities under Section 8.03(a) above in accordance with Exhibit N; and (vi) carrying out activities in accordance with a TMP to be developed by the Concessionaire in coordination with the Department in accordance with Section 12.02(a).
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Concessionaire Obligation to Manage and Operate. (a) At all times during the Term, the Concessionaire shall cause the Project to be managed, maintained and operated in accordance with all applicable Law, all Governmental Approvals, the terms, conditions and standards set forth in this Agreement, including the operations and maintenance requirements set forth in the Technical Requirements, and in accordance with Good Industry Practice. Without limiting the foregoing, the Concessionaire agrees to be responsible for the following, at its sole cost and expense: (i) the management and control of traffic on the Project, including incident response services and temporary partial or full closures of the Project, subject to the Department’s rights to assume control as expressly provided in this Agreement; (ii) the maintenance and repair of the Project and all systems and components thereof, including the ETTM System, which the Concessionaire may upgrade, modify, change and replace, as applicable, in accordance with this Agreement and the operations and maintenance requirements set forth in the Technical Requirements; (iii) the operation of the Project, the ETTM Facilities and the ETTM System and otherwise carrying out the collection and enforcement of tolls and other incidental charges respecting the Project; (iv) the maintenance, compliance with and renewal of Governmental Approvals necessary and incidental to the foregoing activities; and (v) traffic management, and maintenance and repair responsibilities under Section 9.03(a) in accordance with the Technical Requirements.
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Concessionaire Obligation to Manage and Operate. 90 Section 9.04 Procedures Relating to Maintenance Work .....................................................92 Section 9.05 Major Maintenance Reserve Fund ...................................................................95 Section 9.06 Police and Enforcement Services.....................................................................95 Section 9.07 Maintenance by the Department. .....................................................................96 Section 9.08
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Concessionaire Obligation to Manage and Operate. 51 Section 9.03 Operations, Maintenance and Tolling; O&M Contractor. 52 Section 9.04 Procedures Relating to Maintenance Work. 52 Section 9.05 Major Maintenance Reserve Fund. 54 Section 9.06 Police and Enforcement Services. 54
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Related to Concessionaire Obligation to Manage and Operate

  • Management and Operations of Business Except as otherwise expressly provided in this Agreement, all powers to control and manage the business and affairs of the Partnership shall be vested exclusively in the General Partner; the Limited Partner shall not have any power to control or manage the Partnership.

  • Management and Operations Promotes the learning and growth of all students and the success of all staff by ensuring a safe, efficient, and effective learning environment, using resources to implement appropriate curriculum, staffing, and scheduling

  • Management and Operation 6.01 Management of Partnership Affairs 16 6.02 Duties and Obligations of General Partner 17 6.03 Release and Indemnification 17 6.04 Power of Attorney 18

  • Management and Operation of Business Section 7.1 Management 61 Section 7.2 Replacement of Fiduciary Duties 63 Section 7.3 Certificate of Limited Partnership 63 Section 7.4 Restrictions on the General Partner’s Authority 63 Section 7.5 Reimbursement of the General Partner 64 Section 7.6 Outside Activities 65 Section 7.7 Indemnification 65 Section 7.8 Limitation of Liability of Indemnitees 67 Section 7.9 Resolution of Conflicts of Interest; Standards of Conduct and Modification of Duties 68 Section 7.10 Other Matters Concerning the General Partner 70 Section 7.11 Purchase or Sale of Partnership Interests 70 Section 7.12 Registration Rights of the General Partner and its Affiliates 71 Section 7.13 Reliance by Third Parties 73

  • Obligations of the Concessionaire 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out the following but not be limited to: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (other than those set forth in Clause 4.1.3), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project; (c) perform and fulfil its obligations under the Financing Agreements; (d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; (e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement; (f) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations under this Agreement; (g) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (i) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). ▇▇▇ policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site; (j) (deleted) (k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof. (l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements; (m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1; (n) construct and maintain public amenities like ablution units etc.; (o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period; (p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner; (q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal; (r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded); (s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal (t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.; (u) day to day operation and management of the Project as per this Agreement; and (v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.