Common use of Execution of services Clause in Contracts

Execution of services. 2.2.1. The Operator shall: (a) continuously, diligently perform and execute the Services as per the Applicable Standards, any Employer’s Instructions and any other manuals, policies, procedures and plans to be established pursuant to this Agreement; and (b) ensure that the Services are executed with due skill and care, in a proper, workmanlike manner with properly equipped facilities in accordance with recognized good practice and Applicable Standards. 2.2.2. No review, non-objection, or approval by the Employer of any agreement, document, instrument, plan, drawing, specification or design proposed by the Operator shall relieve the Operator from any liability that it would otherwise have had for its negligence or default in the preparation of such agreement, document, instrument, plan, drawing, specification or design or failure to comply with Applicable Standards or to satisfy the Operator’s obligations under this Agreement, except as otherwise specified in this Agreement. The Employer is not liable to the Operator or any other person by reason of its review, non-objection, or approval of any agreement, document, instrument, plan, drawing, specification, or design, except as otherwise specified in this Agreement. 2.2.3. If the Operator becomes aware of a conflict between the Applicable Standards and other requirements set out in Section 2.2.1 or elsewhere in this Agreement, then the Operator shall promptly notify the Employer and the Parties shall discuss in good faith and agree the manner in which the Operator should execute the Services, provided that the Employer shall not be entitled to require the Operator to act in breach of any applicable Laws. 2.2.4. The Operator hereby agrees to indemnify, defend and hold the Employer harmless from any and all liabilities, damages, costs, penalties, fines, expenses, fees and charges of any nature associated with any non-compliance and violations by the Operator of this Section 2.2 (Execution of Services).

Appears in 2 contracts

Sources: Facility Management Agreement, Facility Management Agreement