General Operation Clause Samples

General Operation. Seller shall comply with all applicable requirements of Law, the CAISO, NERC and WECC relating to the Project (including those related to construction, safety, ownership and/or operation of the Project). In the event Seller requires any data or information from Buyer in order to comply with any applicable requirements of Law, including the requirements of CAISO, NERC and WECC, relating to the Project (including those related to construction, safety, ownership and/or operation of the Project), then Seller shall request in writing such data from Buyer no less than forty-five (45) calendar days prior to Seller’s requested date of Buyer’s response; provided that if Seller has less than forty-five (45) calendar days prior notice of the need for such data, Seller shall request in writing such data from Buyer as soon as reasonably practicable. Buyer shall make a good faith effort to provide such data and/or information within the timeframe specified in writing by Seller or as soon thereafter as reasonably practicable.

General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall operate the Project in the same manner as is customary and usual in operation of comparable facilities, and shall provide such services as are customarily provided by operators of high quality projects of comparable class and standing consistent with the Project’s facilities. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project in a commercially diligent and efficient manner: (a) maintain businesslike relations with tenants whose service requests shall be received, considered, recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (b) collect all monthly rentals due from tenants and rent from users of recreational facilities in the Project, if any; (c) request, demand, collect, and receive any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction, coordinate and oversee such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below; (d) prepare or cause to be prepared for execution by the Owner (and/or RREM, as applicable) all forms, reports and returns, if any, required to be filed by or on behalf of the Owner under applicable federal, state or local laws and any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returns; (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable consistent with the operation of comparable quality units; (f) advertise when necessary, within the constraints of the Budget, the availability of units for rental and display “for rent” or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project is under management of Manager and may use, in a tasteful manner, Manager’s name and logo in any display advertising of the Project; (g) sign, renew and cancel tenant leases for the Project as agent for owner, ...

General Operation. Seller shall comply with all applicable requirements of Law, the CAISO, [For Projects located outside of CAISO: the Native Balancing Authority,] NERC and WECC relating to the Project (including those related to safety, construction, ownership and/or operation of the Project).

General Operation. A Special Purpose Fund (the “SPF”) shall be established and shall comprise of, together, the ARP and the ROF. The Insurer shall participate in the SPF in accordance with the terms of this Agreement save that it shall have no liability in respect of ARP Coverage or Run-off Cover incepting in an Indemnity Period following the Insurer ceasing to be a Participating Insurer. In this Schedule, the following terms shall have the meanings given below:

General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall manage the Projects and Debt Investments in the same manner as is customary and usual in management of comparable investments, and shall provide such services as are customarily provided by operators and servicers of high quality projects and investments of comparable class and standing. Manager has received copies of agreements of limited partnership, joint venture partnership agreements and operating agreements of Owner and its affiliates as well as the articles of incorporation, bylaws, and registration statement on Form S-11 (no. 333-207740) of the Company, including all prospectus supplements and post-effective amendments thereto (collectively, the “Ownership Agreements”) and is familiar with the terms thereof. Advisor agrees to obtain and review copies of all mortgages on all properties and inform Manager of any restrictions relating to property use thereof. Manager will use reasonable care to avoid any act or omission which, in the performance of its duties hereunder, in any way conflicts with the terms of the Ownership Agreements or the mortgages in the absence of the express direction of the Conflicts Committee, and Manager shall promptly notify Owner if any such conflict arises. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Projects and Debt Investments in a commercially diligent and efficient manner: (a) maintain businesslike relations with tenants whose service requests shall be received, considered, recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (b) collect all monthly rentals due from tenants and rent from users of recreational facilities in the Project, if any; (c) request, demand, collect, and receive any and all charges or rents which become due to Owner, and at Owner’s expense and the Company’s direction, coordinate and oversee such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.10 below; (d) prepare or cause to be prepared for execution by the Owner (and/or the Company, as applicable) all forms, reports and returns, if any, required to be filed by or on behalf of the Owner under applicable federal, sta...

General Operation. Lessee will: (a) comply with the Law in any country or jurisdiction which may for the time being be applicable to the Aircraft and its use, maintenance and operation, including but not limited to the holding of all certificates, licenses, permits, authorisations and regulations, and take all reasonable steps to ensure that the Aircraft is not used for any illegal purpose; (b) not use any Item of Equipment in any manner contrary to: (i) any Manufacturer’s operating manuals or published instructions, or in violation of any airworthiness certificate or registration relating thereto; or (ii) any published recommendation of the Manufacturer of such Item of Equipment or regulation of the Aeronautics Authority or for any purpose for which the Aircraft is not designed or reasonably suitable; (c) ensure that all personnel directly or indirectly employed by it in connection with the operation and maintenance of the Aircraft have the qualifications and hold the licenses required by the Aeronautics Authority and applicable Law; (d) use the Aircraft solely in commercial passenger and cargo (provided such cargo is carried exclusively in the cargo compartments of the Aircraft) operations for which Lessee is duly authorised by the Aeronautics Authority and under applicable Law and, without prejudice to Lessee’s rights under Section 15.2 hereof, principally from one or more bases located within the State of Registration or Lessee’s State of Organisation (or such other location as Lessor may approve in writing from time to time, such approval not to be unreasonably withheld); (e) not utilise the Aircraft for purposes of training, qualifying or re-confirming the status of cockpit personnel except for the benefit of Lessee’s cockpit personnel, and then only if the use of the Aircraft for such purpose is not disproportionate to the use for such purpose of other similar model aircraft within Lessee’s fleet of aircraft; and (f) obtain and maintain in full force and effect all certificates, licenses, permits and authorisations required for the making of payments required by this Lease and the compliance by Lessee with its other Obligations.

General Operation. During the period between the Effective Date of this Agreement and the earlier to occur of (a) the Closing Date, or (b) the termination of this Agreement, Seller (including ▇▇▇▇▇▇▇▇ Member and ▇▇▇▇▇▇▇▇ Systems) shall generally operate the Property (including, without limitation, the Membership Interests) in the same manner in which Seller operated the Property before the date of this Agreement (such operation obligations not including capital expenditures or expenditures not incurred in the normal course of business), and keep Buyer generally apprised of any material discussions or correspondence between Seller (including ▇▇▇▇▇▇▇▇ Member and ▇▇▇▇▇▇▇▇ Systems) and any existing or prospective tenants of the Property and any applicable governmental or regulatory authorities. After the Effective Date, Seller (including ▇▇▇▇▇▇▇▇ Member and ▇▇▇▇▇▇▇▇ Systems) shall not make any material physical change to the Property (including, without limitation, the Membership Interests) except for tenant improvements per approved Leases and as may be required by law. Notwithstanding the foregoing, if any equipment breaks after the Effective Date and prior to the Closing hereunder or earlier termination of this Agreement and if such equipment is required under any applicable Lease to be replaced or repaired by Seller (or ▇▇▇▇▇▇▇▇ Member or ▇▇▇▇▇▇▇▇ Systems), then the following shall be applicable: (i) Seller shall promptly and reasonably estimate the cost of such repairs or replacements and shall promptly advise Buyer in writing (the “Repair Notice”) of the nature of such repairs or replacements and the estimated cost or repair or replacement (the “Repair Estimate”); (ii) if Seller does not cause such repairs or replacements to be completed before Closing (it being agreed that Seller has no obligation to cause such repair or replacement), then Seller shall assign to Buyer at Closing all insurance proceeds and warranties pertinent to such repairs or replacements; (iii) if the Repair Estimate exceeds $1,000,000, and if Seller does not elect to provide to Buyer at Closing a credit in an amount equal to the Repair Estimate, then for a period of five (5) days following delivery of the Repair Notice Buyer shall have the right to terminate this Agreement in accordance with the provisions of Section 4.2 above; and (iv) if the Repair Estimate is equal to or less than $1,000,000, then Buyer shall have no right to terminate this Agreement and Seller shall have no obligation to cause the...

General Operation. Manager shall operate the Property in the same manner as is customary and usual in the operation of comparable facilities, and shall provide such services as are customarily provided by operators of apartment properties of comparable class and standing consistent with the Property's facilities. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in a faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property or out of it, with a view toward scheduling such movements so that there shall be a minimum of inconvenience to other tenants; (b) maintain business like relations with tenants whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best efforts to (i) collect all monthly rents due from tenants and rent from users or lessees of other non-dwelling facilities on the Property, if any; (ii) request, demand, collect, receive and receipt for any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etc.); (d) use its best efforts at all times during the term of this Agreement to operate and maintain the Property according to the highest standards achievable consistent with the operation of comparable quality units; (e) advertise when necessary, at Owner's expense, the availability for rental for the Property units and display "for rent" or other similar signs upon the Property, it being understood that Manager may install one or more signs on or about the Property stating that same is under management of Manager and may use in a tasteful manner Manager's name and logo in any display advertising which may be done on behalf of the Property; and (f) sign, renew and cancel tenant leases for the Property, in compliance with standards established by Owner to bona fide individuals, for monthly rentals established from time to time by Owner, based on Manager's recommendations; provided, however, that Property Employees, as a condition of employment, may occupy apartment units on a month-to-month basis with or without an executed tenant lease.

General Operation. The Contractor shall operate the Program in compliance with HUD requirements for general operation, 24 CFR 582.300, which provide for participation of homeless individuals, ongoing assessment of housing and supportive services, adequate supportive services, and records and reports.