Enumeration of Responsibilities and Duties Clause Samples

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Enumeration of Responsibilities and Duties. Owner covenants to provide the following in support of the operation and maintenance of the Facility. Owner shall: (a) Enter into and maintain such Fuel Supply Agreements and Fuel Transportation Agreements to provide for the supply and delivery of Fuel of suitable quality and in sufficient quantities to operate the Facility. (b) Make Owner Project Manager available to Operator twenty-four (24) hours per day, and authorize Owner Project Manager to make certain operational decisions on the part of Owner. (c) Pay for all reasonable, properly documented costs of tools, equipment, consumable materials, services, Facility design changes and modifications, and spare and replacement parts reasonably recommended by Operator and required for the efficient operation and maintenance of the Facility in accordance with Operator’s obligations and authorizations under this Agreement. (d) Pay all proper and necessary expenses of the Facility, including property taxes, special assessments, user fees, and Operating Expenses, and timely fund the Labor/Overhead Account. (e) Diligently pursue any claim Owner may have under insurance policies, equipment guarantees, and warranties pertaining to the Facility. (f) Review and approve or dispute each Annual Operating Budget and Plan as provided in Article 5. (g) Procure, obtain, and maintain all permits, licenses, approvals, certificates, consents, concessions, acknowledgments, agreements, decisions, and other forms of authorizations from, or filing with, or notice to, any Government Instrumentality required to be obtained in the name of Owner for the operation and maintenance of the Facility. Operator shall provide Owner with such assistance and cooperation as may reasonably be required by Owner to obtain and maintain all such Government Instrumentality permits, approvals, licenses, etc.
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Enumeration of Responsibilities and Duties. Operator covenants to provide and perform the responsibilities and duties enumerated in this Section and contained elsewhere in this Agreement related to the operation and maintenance of the Facility on behalf of Owner; provided, however, that to the extent Owner identifies any additional services necessary for the operation of the Facility, the Parties shall negotiate in good faith the provision of such additional services, the terms and conditions of such services, and the fees and costs to be paid by the Owner pursuant to this Agreement. Operator shall: (a) Operator acknowledges that during the period commencing on the Closing Date through the date of Substantial Completion as defined in the EPC Contract, the EPC Contractor and Owner shall have access to the Facility to the extent provided in the EPC Contract. Operator agrees that it shall act as Owner’s representative with respect to the EPC Contract and other construction agreements, and shall cooperate with all reasonable requests made by the EPC Contractor and the other contractors involved in the conversion of the Facility (including H&H Engineering Construction, Inc. and Underground Construction Company) to achieve the timely completion of the Facility and the commencement of commercial operations at the Facility. Where Operator is not required to perform certain services for the operation and maintenance of the Facility because of activities of the EPC Contractor and other contractors, Operator shall coordinate its other services and activities with such contractors to the extent necessary for the efficient construction and launch of operations of the Facility. (b) Safely and efficiently operate and maintain the Facility in accordance with the following: (i) the Annual Operating Budget and Plan, (ii) operation and maintenance manuals provided by the manufacturers and vendors of the equipment contained in the Facility, (iii) Good Refinery Industry Operating Practices, (iv) Applicable Laws and (v) the other provisions of this Agreement. (c) Use its best efforts to reasonably maximize the Facility’s renewable fuels production and production capacity, optimize fuel and operating efficiency, and otherwise operate the Facility, in each case consistent with Good Refinery Industry Operating Practices. (d) Prepare and submit to Owner for its approval an Annual Operating Budget and Plan in accordance with Section 5.1. (e) Submit to Owner a two-year forecast of the Annual Operating Budget and Plan that proj...
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Related to Enumeration of Responsibilities and Duties

  • Responsibilities and Duties (a) As Cleveland City President, the Executive shall report to the Chief Executive Officer and will perform all duties and will have all powers associated with these positions, as set forth in any job description provided to the Executive by the Bank or as may be set forth in the bylaws of the Bank. (b) During the period of his employment hereunder, except for reasonable periods of absence occasioned by illness, reasonable vacation periods, and other reasonable leaves of absence approved by the board of directors of the Bank, the Executive will devote all of his business time, attention, skill and efforts to the faithful performance of his duties under this Agreement, including activities and duties directed by the Chief Executive Officer and the board of directors of the Bank. Notwithstanding the preceding sentence, subject to the approval of the board of directors of the Bank, the Executive may serve as a member of the board of directors of business, community and charitable organizations, provided that in each case the service shall not materially interfere with the performance of his duties under this Agreement, adversely affect the reputation of the Bank or any other affiliates of the Bank, or present any conflict of interest. Nothing in this Section 1.2 shall prevent the Executive from managing personal investments and affairs, provided that doing so also does not interfere with the proper performance of the Executive’s duties and responsibilities under this Agreement.

  • Delegation of Responsibilities The Advisor is authorized to delegate any or all of its rights, duties and obligations under this Agreement to one or more sub-advisors, and may enter into agreements with sub-advisors, and may replace any such sub-advisors from time to time in its discretion, in accordance with the 1940 Act, the Advisers Act, and rules and regulations thereunder, as such statutes, rules and regulations are amended from time to time or are interpreted from time to time by the staff of the Securities and Exchange Commission ("SEC"), and if applicable, exemptive orders or similar relief granted by the SEC and upon receipt of approval of such sub-advisors by the Board of Trustees and by shareholders (unless any such approval is not required by such statutes, rules, regulations, interpretations, orders or similar relief).

  • Certain Duties and Responsibilities The duties and responsibilities of the Trustee shall be as provided by the Trust Indenture Act. Notwithstanding the foregoing, no provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. Whether or not therein expressly so provided, every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Section.

  • Limitation of Responsibility Notwithstanding any other provisions ---------------------------- hereof, Committee Members shall be liable to the parties only for actions constituting bad faith, gross negligence or breach of an express provision of this Agreement (so long as such breach remains uncured after ten (10) days of receiving notice of the nature of such breach). In all other respects, Committee Members shall not be liable for negligence or mistakes of judgment.

  • General Duties and Responsibilities 1. Responsibilities under the General Conditions of the Contract for Construction: In addition to the responsibilities herein set forth, Consulting Engineer/Architect agrees to be responsible for those matters identified in the General Conditions as being responsibilities of the Consulting Engineer/Architect. Consulting Engineer/Architect specifically acknowledges receipt of a copy of the General Conditions and acceptance of the responsibilities as set forth therein.