Falkirk’s Mine Operation Sample Clauses

Falkirk’s Mine Operation. (i) Falkirk will consult with and keep Rainbow advised of the status of Falkirk's activities related to Falkirk’s Mine during the Term in such manner as Rainbow may reasonably request. (ii) Rainbow and Falkirk will meet quarterly (or at such other times as needed or requested by either Party) to review the status of Falkirk's activities related to Falkirk’s Mine during the Term. (iii) Falkirk will not make any capital expenditures unless they are reflected in a capital budget approved by Rainbow as part of an Annual Mining Plan or unless otherwise specifically approved by Rainbow; provided, however, Falkirk will have the right during any year to make capital expenditures required in the event of an Emergency without advance approval by Rainbow. Provided, however, if the nature of the Emergency and the time elements involved do not allow sufficient time to obtain Rainbow's approval of such capital expenditure before it is incurred, Falkirk will subsequently and promptly (but not later than two Business Days after such occurrence) give Rainbow notice thereof. (iv) Falkirk will have the right, without the specific written approval of Rainbow, to exceed the amount for any specific capital expenditure in any budget approved by Rainbow by up to five percent, provided that in no event will any such excess expenditure exceed $[****] (the “CapX Cap”) (subject to adjustment pursuant to Section 4.2(c)(iii)) or such other amount as mutually agreed to by the Parties in any year. If Falkirk desires Rainbow's approval to exceed a specific line item, budgeted, capital expenditure by more than five percent or more than the CapX Cap or such other amount as mutually agreed to by the Parties in any Year, Falkirk will make such request by written notice as soon as practicable, and if Rainbow neither approves nor disapproves such request within fifteen Business Days after Falkirk's delivery thereof, Rainbow will be deemed to have approved such request. (v) Except in the event of an Emergency, no material modification of or material deviation from the approved Annual Mining Plan will be made without the written approval of Rainbow, which approval will not be unreasonably withheld. (vi) Rainbow shall have the right but not the obligation to have at Falkirk Mine a Rainbow representative to observe operations at Falkirk Mine. The Rainbow representative shall be selected by Rainbow and any costs incurred for the Rainbow representative shall be paid for by Rainbow and not Falkirk.
View Source

Related to Falkirk’s Mine Operation

  • Co-operation Each Party acknowledges that this ESA must be approved by the Department and agree that they shall use Commercially Reasonable efforts to cooperate in seeking to secure such approval.

  • Safe Operations Notwithstanding any other provision of this Agreement, an NTO may take, or cause to be taken, such action with respect to the operation of its facilities as it deems necessary to maintain Safe Operations. To ensure Safe Operations, the local operating rules of the ITO(s) shall govern the connection and disconnection of generation with NTO transmission facilities. Safe Operations include the application and enforcement of rules, procedures and protocols that are intended to ensure the safety of personnel operating or performing work or tests on transmission facilities.

  • Business Operations Company will provide all necessary equipment, personnel and other appurtenances necessary to conduct its operations. Company will conduct its business operations hereunder in a lawful, orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, endanger or be offensive to others at or near the Premises or elsewhere on the Airport.

  • PRODUCER Provide the producer’s name, address (including country), e-mail address and telephone number, if different from the certifier or exporter or, if there are multiple producers, state “Various” or provide a list of producers. A person that wishes for this information to remain confidential may state “Available upon request by the importing authorities”. The address of a producer shall be the place of production of the good in a CPTPP country.

  • Plant The expression ‘Plant’ as used in the tender papers shall mean every temporary accessory necessary or considered necessary by the Engineer to execute, construct, complete and maintain the work and all altered, modified, substituted and additional works ordered in the time and the manner herein provided and all temporary materials and special and other articles and appliance of every sort kind and description whatsoever intended or used therefore.