Common use of Operating Period Clause in Contracts

Operating Period. (a) From the Commercial Operations Date up until the Transfer Date (“Operating Period”), the Project Company shall, at its own cost, be responsible for the commercial operation and maintenance of the Project and shall provide a high level of service to its users in accordance with this Agreement, the Standards, Best Industry Practice and any directives from the Responsible Government Authorities. (b) During the Operating Period the Project Company shall obtain and maintain the Authorizations required for operating the Project and implementing its obligations under this Agreement, including with particularity the Operating Permit and Environmental Compliance Certificate. (c) During the Operating Period the Project Company shall: (i) Not cause, permit or suffer any use of the Project Facility or any part thereof for any other purpose other than that authorized by the Government, in accordance with the terms of this Agreement and Lao PDR Laws. (ii) Not do anything at any time do, cause or permit any nuisance in or around the Concession Area or anything which shall cause unnecessary annoyance, inconvenience or disturbance to the occupiers of any surrounding property. (iii) Operate and maintain the Project Facility and On-Site Infrastructure and Concession Area in a clean and hygienic condition; removing and disposing of waste in accordance with Article 14; and ensuring that all food and beverage services are of high hygienic standard in accordance with the Authorizations, Lao PDR Law and any directives of the Ministry of Health. (iv) Provide modern public health facilities, including a sufficient number of clean and accessible toilets, in the Concession Area for use by the Project’s users and employees in accordance with generally accepted health and sanitation Standards and in accordance with the Labor Law and other associated Lao PDR Laws. (v) Not store any goods not permitted by Lao PDR Laws, including hazardous, explosive, flammable or combustible in nature that may cause risk by fire, explosion or goods/material which on account of their weight or nature may cause damage or endanger the safety of the Project Facility and/or Concession Area and/or its inhabitants; (vi) Provide firefighting equipment in the Project Facility and ensure that periodic fire drills are conducted in order to guide and inculcate the procedures and operations of firefighting/safety; and (vii) Take such measures as Project Company considers necessary, or as directed by the Responsible Government Authorities, for the purposes of protecting the security of the Project and the safety of its users, employees and Contractors, including the imposition of reasonable restrictions on Roads and trails, installation of fencing, employment of security guards and installation of security cameras within and around the border of the Concession Area. The Ministry of Public Security is entitled to inspect the Project at any time and from time to time to ensure compliance with this Section.