Instruments in the Name of Operator Sample Clauses

Instruments in the Name of Operator. Except as otherwise provided herein, any instrument or document entered into by the Operator pursuant to and in compliance with this Agreement, to the extent that it deals with assets, liabilities or other rights or obligations of the Company directly related to the Pilot Mine Program, complies with Section 4.5(b) (Authorization; Expenditure Cap) and states it is entered into in the name of the Operator as agent of the Company, shall be considered an instrument or document entered into by the Operator as agent for the Company. Any such instrument or document shall be valid and binding upon the Company as if it had been signed in the name of the Company. The Company shall have the right, either in its own name or through the Operator, to enforce any performance due under such instruments or documents from any third party. Notwithstanding the other provisions of this Article 2 (DUTIES AND POWERS OF OPERATOR), the rights and obligations of the Operator under the following instruments and documents shall remain with the Operator: (i) this Agreement; (ii) any instrument or document which primarily deals with the relationship between the Operator and its employees; (iii) any instrument or document related to the Pilot Mine Program which fails to state that the Operator is entering into such instrument or document as agent for the Company; and (iv) any instrument or document entered into by the Operator that does not directly relate to the Pilot Mine Program.
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Instruments in the Name of Operator. Except as otherwise provided herein, any instrument or document, to the extent that it deals with assets, liabilities or other rights or obligations of the Company and which is entered into in the name of the Operator (or Operator’s Affiliate) pursuant to and in accordance with the terms of this Operating Agreement, shall be considered an instrument or document entered into by the Operator (or Operator’s Affiliate) as agent for the Company. Any such instrument or document shall be valid and binding upon the Company as if it had been signed in the name of the Company. The Company shall have the right, either in its own name or through the Operator (or the Operator’s Affiliate), to enforce any performance due under such instruments or documents from any third party. Notwithstanding the other provisions of this Article 2 (DUTIES AND POWERS OF OPERATOR), the rights and obligations of the Operator under the following instruments and documents shall remain with the Operator (or Operator’s Affiliate): (i) this Operating Agreement; (ii) any instrument or document which primarily deals with the relationship between the Operator and Operator Personnel; (iii) any instrument or document which expressly states that the Operator is not entering into such instrument or document as agent for the Company; and (iv) any instrument or document entered into by Operator that is outside of the scope of this Operating Agreement.
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Related to Instruments in the Name of Operator

  • TRANSFER OF OPERATIONS Purchaser shall be entitled to immediate possession of, and to exercise all rights arising under, the Assets from and after the time that the Restaurants open for business on the Closing Date, and operation of the Restaurants shall transfer at such time (the "Effective Time"). Except as expressly provided in this Agreement, all profits, losses, liabilities, claims, or injuries arising before the Effective Time shall be solely to the benefit or the risk of Seller. All such occurrences after the Effective Time shall be solely to the benefit or the risk of Purchaser. The risk of loss or damage by fire, storm, flood, theft, or other casualty or cause shall be in all respects upon Seller prior to the Effective Time and upon the Purchaser thereafter.

  • Statement of Operations Statement of Changes in Net Assets.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

  • Change of Operations To: Members of Local Union 776 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not op- erationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS. Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:

  • Duties of Operator Operator shall perform all required testing of Manufacturer’s Bus in accordance with the FTA Regulations and the established testing procedures used at the bus testing facility and provided to Manufacturer which procedures are attached hereto marked Exhibit “A” and incorporated herein by this reference.