Common use of OBLIGATIONS OF THE OPERATOR Clause in Contracts

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business.. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) shall be disadvantaged or otherwise treated less favourably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.

Appears in 2 contracts

Sources: Subscription Agreement, Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business..Platform. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel Channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably favorably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- sub-distributors/service providers/sub-licensees.

Appears in 2 contracts

Sources: Subscription Agreement, Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1Some of the specific obligations of the Operator under this Agreement are state as below. The list below is not an exhaustive set of obligations but is in addition to the obligations of the Operator that may be stated elsewhere in this Agreement: (a) The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) Channels from designated satellites using the Equipment and retransmit the Subscribed Channel(s) Channels to the Subscribers through the Operator’s Platform in the course of its own business..HITS Distribution System, either directly or through its Affiliated Cable Operators. 4.2. (b) The Operator shall raise monthly invoices on the Subscribers and/or Affiliated Cable Operators towards subscription of the channels (including from amongst the Subscribed Channel(s)Channels) and the Operator shall collect such invoiced monthly fee fees from the Subscribers. Subscribers and/or Affiliated Cable Operators. (c) Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the SubscribersSubscribers and/or Affiliated Cable Operators, the Operator shall be liable to provide RAJ GROUP with the true and correct Subscriber Reports on a monthly basis and accordingly pay the Monthly Subscription Fee License Fees to the Broadcaster RAJ GROUP, in a timely manner as per the terms of this Agreementagreed in Clause 14 above. 4.3. (d) The Operator shall ensure retransmission uplinking of high quality encrypted signal of the Subscribed Channel(s) Channels to its hired satellite and further retransmission of such high quality encrypted signal of the Subscribed Channels to the SubscribersSubscribers either directly or through its Affiliated Cable Operator. 4.4. (e) The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) Channels through the Operator’s its HITS Distribution System / Platform and shall regularly provide to the Broadcaster RAJ GROUP with updated Piracy piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (af) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably favorably by Operator or its Affiliated Cable Operators with respect to closest competing channels on a genre basis. 4.9. (g) The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to fully comply and abide by all other obligations as has been agreed by it under the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term terms of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.

Appears in 1 contract

Sources: Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers theSubscribers through the Operator’s Platform in the course of its own business..Platform. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel Channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe tosubscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably favorably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-sub- distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.

Appears in 1 contract

Sources: Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business..Platform. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel Channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.

Appears in 1 contract

Sources: Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1A. The Operator manages Emergency Housing Facilities listed in the chart below, see Article 3(B)(i) (“Facilities”). During the two (2) year period following the signing of this MOU, the Operator shall set aside the Facilities’ rooms listed, exclusively for occupancy by Eligible Persons referred by HRA. Initial and continuing eligibility shall be determined and monitored by HRA pursuant to established federal, state and local Public Assistance (“PA”) eligibility rules and regulations. B. The Operator agrees to accept referrals from HRA of Eligible Persons and shall admit all those referred who arrive at the Facilities with a Referral for Emergency/Transitional Housing Letter of Introduction (annexed hereto as Attachment A- “Letter of Introduction” or “Form W-489”) completed and dated by HRA. The Operator shall, date on the Letter of Introduction must be the same date of the Eligible Person’s arrival at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business.. 4.2Facility. The Operator shall raise monthly invoices on register each referred Eligible Person who presents the Subscribers towards subscription Letter of Introduction to the Operator or to the staff of any of the channels Facilities listed in Article 3 (B) (i) below, and the Eligible Person shall then be permitted to occupy a dwelling unit and shall have the right to use all common entrances, elevators, and common areas of the particular Facility, as well as any other facilities that are made available to other commercial guests of the Facility. The Facilities shall not accept Eligible Persons that are not referred by HRA or who do not present the current Letter of Introduction to the Operator or Facility. In the event that any Facility is unable to promptly register and admit a referred Eligible Person who arrives at the Facility and requests admission, the Facility shall immediately notify the HRA Emergency Placement Unit (“EPU”) via an electronic message of the identity of and the reason(s) for not registering and admitting the referred Eligible Person. C. The Operator agrees to submit via fax or electronically process each referred Eligible Person’s Form W-489 (Letter of Introduction), including the Subscribed Channel(s)) particular Facility’s personnel’s signature and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective date and time of the Operatorreferred Eligible Person’s failure arrival at the Facility to issue an invoice or collection EPU no later than noon of the invoiced monthly amounts from next business day. The Operator further agrees to verify on a daily basis that the Subscribersreferred Eligible Person is still an occupant. This may be done by requiring the Eligible Person to sign a registration log each day (annexed hereto as Attachment B- “Daily Registration Log”) or another method defined by HRA. D. The registration log must be submitted to EPU on a daily basis. If the Operator is unable to obtain the signature of an Eligible Person who is also unable or unwilling to register their attendance, the Operator shall be liable contact EPU within 24 hours, via an electronic message. The message shall identify the Eligible Person and the reason(s) why he/she refuses to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreementregister their attendance. 4.3E. Under no circumstances will HRA make any payment for any day of occupancy of a referred Eligible Person unless such Eligible Person has signed a registration log for that day and the Operator submits such registration log to HRA as described in 2(D) above. F. The Operator agrees to notify EPU within 24 hours via an electronic message, upon learning that the referred Eligible Person is no longer occupying the dwelling unit assigned to him or her. The Operator shall ensure retransmission agrees that it will submit claims for payment on behalf of high quality encrypted signal a referred Eligible Person to HRA only for the number of nights the particular Facility can verify through the registration log that such Eligible Person actually occupied a Facility room. HRA may from time-to- time issue revised billing guidelines to the Operator as an additional obligation. G. The Operator will submit monthly billing requests to HRA’s SRO billing unit that will include a cover letter on letterhead stationery indicating the number of verifiable Eligible Persons served that month, the agreed upon per diem rate, the amount due for the month, and will attach a copy of the Subscribed Channel(s) to daily sign-in sheet(s). This will ensure that providers are aware of the Subscriberspresence or absence of Eligible Persons in their facility and will reduce billing discrepancies with placement and exit dates. If there is no registration log, including a sign in sheet available that includes information verifying an Eligible Persons presence for a given date, HRA shall not be responsible for payment for that Eligible Person for that date. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take H. All Eligible Persons with a source of income, such as Supplemental Security Income, Veteran Administration benefits, Social Security Disability Insurance, etc., will be expected to contribute all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Feeapplicable income above $376 per month, together with applicable Taxes within Due Date in accordance with this Agreementthe New York State Public Assistance Law, failing which may change from time to time, less the restaurant allowance, if applicable, to the Operator. HRA shall notify the Operator of each such Eligible Person with income at the time of referral, or when such Eligible Person begins receiving such income, whichever is later. It shall be liable the sole responsibility of the Operator to pay interest collect the contributions of such Eligible Persons. HRA is not responsible for contributions not paid by Eligible Persons to the Operator. Eligible Persons receiving only Public Assistance are not required to contribute toward their housing costs. I. The Operator and Facility staff shall cooperate fully when the Emergency Housing Inspection Unit conducts announced, or unannounced inspections of the Facility and dwelling units assigned to referred Eligible Persons. Representatives from HRA and/or the City’s Department of Health and Mental Hygiene and Department of Housing Preservation and Development may conduct such inspections on an announced and/or unannounced basis. J. The Operator agrees to respond within the determined timeframes noted in the inspection reports issued as per a result of the Default Interest Rate along above referenced facility inspections. If the report indicates deficiencies with the due paymentFacility or staff and/or that corrective actions are needed, the Operator must include plans for removing the deficiencies within the required time frame set forth by the Agency in the report. Failure to adequately address deficiencies in a timely manner may result in suspension of referrals (“non-referral status”) for a period of time that HRA deems necessary. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. K. The Operator shall ensure that all Facilities include the following: 1. The facility, including entrance, bathrooms (including showers/bathtub and toilet), common areas and bedrooms, are fully ADA compliant. If this presents a significant hardship, providers should request an exemption in writing and include proof. 2. A separate bedroom unit with a minimum of 150 square feet of clear floor space. If this presents a significant hardship, providers should request an exemption in writing and include proof. The unit must have a door that locks for privacy and will be furnished with a bed, a closet with at least six clothes hangers, a table, a chair, dresser, an individual refrigerator no activations or deactivations smaller than 4.2 cubic feet with a separate freezer section, and appropriate lighting fixtures for daily living. The mattress and bedding material will be in good condition. 3. Units must be able to comfortably accommodate all required furnishings. All doors to drawers, closets, refrigerators and the unit itself must be able to be fully opened/closed without obstruction. Upon inspection, HRA may determine that the overall size and/or layout of the unit is unacceptable. 4. The unit should be located in a building with a main entrance that securely locks, and that has safety and security services on site including but not limited to: i. Well-lit entrances, 24 hours a day; ii. security cameras located on the inside and outside of all entrances and at security, elevator and reception areas; All security cameras shall be performed in operation 24 hours a day and shall be kept in good operating order at all times and repaired expeditiously as needed. Daily footage for the cameras shall be retained for at least 14 days. a. If the number of units is less than or initiated directly equal to 20, the provider should have security cameras at the front of the building, in CAS but the lobby and the hallways leading to the unit (as applicable). b. If the number of units is greater than 20 and less than or equal to 35, then the provider should have on-site security personnel for at least 16 hours a day (8am – midnight) and 24 hours on weekends and holidays, in addition to security cameras. c. If the number of units is greater than 35, then the provider should have 24/7 on-site security personnel and security cameras at all such actions times. 6. Staff must always be available (24/7) to respond to emergencies. If necessary, the individuals should be able to arrive promptly on site or in a reasonable time. The names and mobile phone numbers for all emergency contacts must be routed through SMS onlygiven to all residents and posted in common areas. This information will also be shared with HRA. 7. A cooking facility or a microwave should be in each common area and accessible to all clients. 8. A clean change of linens will be distributed weekly and more often where individual circumstances warrant. Towels, soap, and toilet paper will also be distributed weekly. 9. All shared bathrooms and common areas will be cleaned at least twice a day and maintained in an orderly fashion. 10. Full bathroom facilities, with doors that lock for privacy, should include a toilet, shower, shower curtain and sink. 11. All areas in the facility should be vermin-free. 12. Operator shall maintain Pest Control Records, Sprinkler Test Records, Elevator Inspection Records and present to HRA SRO Inspector on demand at times of facility inspections. 13. A fan must be available in all units throughout the year. Any Eligible Person must be allowed to install their own air conditioner, in keeping with the NYC Department of Building’s guidelines. If the building's electrical system cannot accommodate air conditioners in the client's units, please request an exemption in writing and submit supporting documentation. Clients must be permitted to take the air conditioner with them when vacating the unit. Heat must be available according to NYC Housing and Preservation Department’s guidelines. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. 14. Rubbish and trash should be removed daily from waste receptacles on each floor. 15. The fire safety and evacuation plan should be posted on each floor with a fire extinguisher nearby. Smoke and Carbon Monoxide detectors shall be installed in individual rooms. All fire safety equipment must be periodically checked, as per FDNY rules, to ensure they are fully operable. L. In order to provide the best possible living environment for Eligible Persons referred by HRA, the Operator will form linkage agreements with nearby service providers, such as mental health facilities, rehabilitation centers, and health providers and will refer Eligible Persons for these services as the need arises. The purpose of these linkage agreements will be for the provision of mental health services, assessment and treatment of chemical dependency, case management, and/or other harm reduction initiatives/services. Operator shall maintain a Community-based Organization (“CBO”) log and present it to the HRA SRO Inspector at the time of facility inspections and/or whenever requested by HRA. M. HRA’s written approval will be needed before the Operator may remove or evict from any Facility any referred Eligible Person, and such approval shall only be granted when the Operator reasonably believes such Eligible Person is a threat to the health and safety of the Operator’s employees or guests or such Eligible Person has become ineligible due to their failure to sign in or otherwise adhere to the rules and regulations of the EPU. The Operator shall always encourage immediately notify EPU via electronic message of any decision to remove or evict a referred Eligible Person on such grounds. However, a referred Eligible Person who has become a permanent tenant in accordance with the provisions of 9 NYCRR §§2520.6(j) and shall not act 2522.5(a)(2) of the New York City Rent Stabilization Code, or who has resided in a manner that would discourage particular Facility for thirty (30) consecutive days or longer shall only be removed or evicted pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental vacate order, as required by the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(sNew York City Unlawful Eviction Law (NYCAC § 26-521 et. seq.). 4.8. The Operator shall ensure agrees to promptly notify EPU whenever it intends to seek the eviction of a referred Eligible Person by means of a legal proceeding. N. The Operator agrees that no Subscribed Channel(s) shall be disadvantaged it will comply with applicable state and local laws and regulations affecting the rights of tenants. O. The Operator agrees that all information about whether a referred Eligible Person is a recipient of Public Assistance or otherwise treated less favourably by receives any other form of services through HRA is confidential, pursuant to federal and State law. The Operator agrees to restrict such information only to Facility employees who may need to use such information to verify occupancy or for billing purposes, and the Operator agrees not to disclose such information to anyone else without specific prior written authorization from HRA. The provisions of the MOU with respect to competing channels on a genre basisthe confidentiality of the information and records of Eligible Persons referred to the Facilities by HRA shall remain in full force and effect following termination of this MOU. 4.9. P. The Operator agrees that should any applicable incident occur at any of the Facilities listed in Article 3(B)(i) below, concerning an incident involving an Eligible Person referred by HRA, the Facility staff shall not indulge in any negative publicity notify the Emergency Placement Unit (“EPU”) by telephone or marketing advertisementselectronic message within two (2) hours of the incident. In addition, etcwithin twenty-four (24) hours of the applicable incident, such Facility staff shall complete the attached HRA Critical Incident Report and immediately email it to HRA as instructed on the form. which would be detrimental Please refer to the interest HRA Critical Incident Report for a list of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreementapplicable incidents, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to annexed hereto as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.Attachment C.

Appears in 1 contract

Sources: Memorandum of Understanding

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business..Platform. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel Channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably favorably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- distributors/service providers/sub-licensees.

Appears in 1 contract

Sources: Subscription Agreement

OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business..Platform. 4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement. 4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers. 4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports. 4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment. 4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel Channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties. 4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s). 4.8. The Operator shall ensure that no Subscribed Channel(s) Channel shall be disadvantaged or otherwise treated less favourably by Operator with respect to competing channels on a genre basis. 4.9. The Operator shall not indulge in any negative publicity or marketing advertisements, etc. which would be detrimental to the interest of the Broadcaster and/or the Subscribed Channel(s). 4.10. During the Term of this Agreement, if the Operator merges with and/or acquires any independent operator that has/had been receiving signals of the Channels directly from the Broadcaster and retransmitting the same to its subscribers through its digital addressable cable system by merging with the Operator or starts availing the signals of the Channels from the Operator (collectively referred to as the “Acquired Networks”), in such an eventuality, the Operator shall be responsible and liable to ensure payment of any outstanding amounts (including without any limitation, any Taxes) due from the Acquired Networks to the Broadcaster. 4.11. The obligations, representations and warranties of Operator hereunder shall be deemed to be assumed by its sub-distributors/service providers/sub-licensees. The breach of any one of the obligations, representations and warranties by Operator’s distributors/service providers/sub- sub-licensees shall be deemed a breach on the part of Operator and Broadcaster shall be entitled to exercise any remedy available hereunder against Operator. Additionally, the Operator shall ensure that the Operator is able to comply with its obligations under this Agreement by instructing its sub- sub-distributors/service providers/sub-licensees.

Appears in 1 contract

Sources: Subscription Agreement