Management and Operation Clause Samples

Management and Operation. 6.01 Management of Partnership Affairs 16 6.02 Duties and Obligations of General Partner 17 6.03 Release and Indemnification 17 6.04 Power of Attorney 18

Management and Operation. A. The Holder Team will: 1. Establish a jobsite safety walk team, consisting of a representative of all primary trades active on site, to develop an understanding and awareness that all accidents are preventable. This action will be accomplished by implementing the Holder Team’s Safety Vision, a comprehensive safety and health management system, which includes: a. Management commitment and employee involvement; b. Hazard analysis; c. Hazard control; and d. Arrangement of training assistance for other stakeholders on site. 2. Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered contractors that arrive for work on the site. 3. Where the potential for airborne silica exposure exists, require the use of wet cutting, or soft cutting techniques and/or dust collection system, and when needed, the mandatory use of approved respiratory protection. To the extent feasible, personal air monitoring will be conducted to assess employee exposure levels. Where the potential for other health issues exist (i.e., carbon monoxide, lead, or large-scale use of chemicals in the building interior during floor finishing), the Holder Team will coordinate with the subcontractor responsible for creating the hazard and ensure that air monitoring is accomplished to assess employee exposure levels. The Holder Team will compile and track sampling results. 4. Have the authority to enforce safety rules and regulations. This authority will include provisions to hold contractors and employees accountable and, if necessary, remove contractor’s employees and supervisors from the job site, following proper disciplinary requirements. 5. Ensure that a competent person performs a risk assessment of all fall hazards. The probability and severity of occurrence for each identified hazard will be evaluated to eliminate or reduce the risk through engineering or administrative controls to as low a level as possible. a. Critical risk will not be tolerated. No work will be performed until action is taken to reduce the level of risk to as low as reasonably feasible. b. Bricklayers performing overhand bricklaying and related work above lower levels must be adequately protected. No monitor system will be allowed.

Management and Operation. OF BUSINESS Section 7.1 Management. ..................................................................................................... 27 Section 7.2 Certificate of Limited Partnership. ................................................................... 29 Section 7.3 Restrictions on the General Partner’s Authority. .............................................. 29 Section 7.4 Reimbursement of the General Partner. ............................................................ 30 Section 7.5 Outside Activities.............................................................................................. ▇▇

Management and Operation. The staff of the PCLC reports to the superintendent. The treasurer reports to the superintendent. The treasurer also has a reporting relationship to the board. The superintendent is the instructional leader and the principal has the responsibility for student discipline and facility issues.

Management and Operation. In carrying out its obligations under this Agreement with respect to the management of Practice’s practice, WellQuest’s services shall include the duties set forth in this Section 4.3:

Management and Operation. 4.1 Decisions/Approvals of the Venturers. All decisions or approvals required to be made by the Venturers in relation to the Facility and the Joint Venture shall be made by the Joint Management Team by majority vote, except as otherwise contemplated herein.

Management and Operation. Subject to the terms of this Agreement and the Master Agreement, the control, management and operation of the leases and ▇▇▇▇▇ located on the AMI, and the regulation of the flow of gas at the Point of Delivery shall be and remain the exclusive right of Seller including, but not limited to, the drilling of any ▇▇▇▇▇ and repair and reworking of old ▇▇▇▇▇; but Seller shall use its reasonable efforts to regulate the flow of gas to meet Buyer’s fluctuating requirements. Nothing herein shall require Seller to deliver any volume in excess of Seller’s allowable as established by the Jurisdictional Agency.

Management and Operation. The Parties have negotiated a division of responsibilities that is reflected in this Agreement and in the Services to be provided by Manager. Those items, services and responsibilities not included with the Services are and remain the responsibility of Walmart. Manager shall provide the Centers with the services and the Manager Personnel at Manager’s sole expense (the “Services”), which are as follows: 1. Provide licensed and non-licensed retail employees for the Centers and optical laboratory technicians for Manager’s optical laboratories (collectively, the “Manager Personnel”). Manager Personnel will be trained and licensed. If applicable, and appropriately qualified to provide Services to the Centers. Manager shall employ or otherwise retain and shall be responsible for selecting, hiring, training, supervising, and terminating, all management, administrative, technical, clerical, secretarial, bookkeeping, accounting, payroll, billing and collection and other Management Personnel as Manager deems reasonably necessary and appropriate for the operation of the Centers and for Manager’s performance of the Services in accordance with applicable federal and state laws, subject, however, to Regulatory Uncertainty. Manager reserves the right to change the number, composition or employment terms of such personnel in the future at Manager’s discretion. Manager shall maintain personnel records for Manager Personnel that satisfy licensing, accreditation and certification requirements of the Centers; 2. Arrange at its sole expense for all necessary and appropriate continuing education of all Manager Personnel; 3. Arrange and verify annual training for material regulatory compliance issues, including Code of Business Ethics, HIPAA, Medicare and Medicaid billing, fraud, waste and abuse, ethics and safety and furnish copies of such training materials to Walmart within three business days of Walmart’s request. Not less often than annually, Manager shall complete compliance training for Manager Personnel covering the following subjects: a. Fraud, waste and abuse as required by and in accordance with Centers for Medicare and Medicaid Services requirements and 42 C.F.R. Section 422.503(b)(4)(vi); and b. The training required by § 6032 of the Deficit Reduction Act of 2005, the Federal False Claims Act including, but not limited to, 31 U.S.C. §§ 3729 through 3733, the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730, the administrative remedies for false claims an...

Management and Operation. The current superintendent earned a doctorate in school leadership and has twenty-five years of administrative experience. She served as superintendent of one of Ohio’s highest-performing districts (Oakwood City) for seven years. She also founded and led a successful primary school. Her past experiences with grants include successful awards from the Gates Foundation, the Department of Education, the Mathile Family Foundation, and the Ohio Department of Education. She is currently in her seventh year at DECA. The school leader will be supervised and evaluated by the school superintendent. She will provide the appropriate annual reports to the superintendent and Board of Trustees, including all required state reports. ▇▇▇▇ is engaged in the ODE pilot study of the evaluation of teachers and principals. This pilot year will impact the evaluation process and tool used with the DECA PREP principal.