Common use of Operating Responsibilities Clause in Contracts

Operating Responsibilities. Processor hereby undertakes the following operating responsibilities, at Processor's sole cost and expense, in addition to the Installation Costs: (a) build out or reconfigure Processor’s Plant layout to accommodate installation and operation of the iPura System, as required by Section 3.2; (b) process the Product ordered by Buyer as Processor usually does, with adequate personnel and on a schedule reasonably satisfactory to ensure processing of all of Buyer's orders on a timely basis, but in no case less than schedules agreed to under any purchase order or other contract governing such order; (c) provide all personnel other than the iPura Food Safety Team necessary or desirable, in GFT’s determination, to perform routine labor in the iPura System’s processing lines or other work areas consistent with the requirements of Section 5.2(b) above; (d) provide adequate workspace as required by GFT for the installation, operation and maintenance of the iPura System and GFT Personnel; (e) provide chillers in good working condition and having sufficient capacity and capability to fully support the iPura System at Processor’s plant, as GFT may require; It is agreed that present chillers are sufficient for GFT purposes, provided that they are in good working order. (f) provide sufficient parking space for GFT personnel and GFT’s vehicles if so requested by GFT; (g) provide all utilities, such as but not necessarily limited to electrical, gas, sewer and water services, and telephone and broadband Internet access, determined by GFT to be necessary or desirable to operate the iPura System; (h) provide storage area(s) for needed Parts/Tools/Supplies and other materials needed for the activities and operations pursuant to this Agreement; (i) deliver freshly processed Product, free of antibiotics or other drugs not approved for food under any applicable Governmental Authority, such as but not limited to the United States Federal Food, Drug, and Cosmetic Act (the “FFDCA”), to the GFT work area (by conveyor belt or some other delivery process) in a steady flow of work to easily enable final processing of Buyer's orders of Product (and only such Product) through the iPura System (avoiding build-up and delivery of multiple “batches”); (j) package all Treated Product, including affixing proper labeling to the exterior of such packaging, in conformance with the descriptions and requirements set forth in each respective purchase order of Buyer and all applicable Governmental Authority, such as but not limited to the United States Fair Packaging and Labeling Act (the “FPLA”); (k) apply the iPura Seal to all (and only) those packages containing Treated Product for which the Buyer has submitted an order to Processor and Processor intends to and in fact does sell and ship to Buyer; (l) place the packages containing Treated Product into shipping cases immediately after the individual Product package is sealed, whenever possible; (m) apply iPura Seals only to the exterior of shipping cases containing solely Treated Product which has been sold to and is to be shipped to Buyer or its designee; (n) maintain the Treated Product in a chilled environment, at a temperature to be specified by GFT; (o) provide laboratory workspace for 1-2 GFT technicians, (p) provide plant closure or work disruption notices to GFT at least 48 hours in advance; (q) adhere to GFT standards when entering GFT workspaces; (r) provide unimpeded, safe, timely, 24-hour access to the Site and the iPura System by all GFT Personnel; (s) provide security and a safe environment for the Site, the iPura System and GFT Personnel; (t) control its employees, officers, agents, etc. to ensure compliance with all terms of this Agreement and the SA; (u) assist GFT in obtaining the work permits and visa and other necessary permits from the Provincial authorities, for the GFT Personnel assigned to the Site and/or the Processor’s Plant. (v) be solely responsible for its own debts, accounts, tax and financial obligations and other obligations under the laws of Vietnam, without any liability of GFT; and (w) such other responsibilities as may be agreed upon by the Parties.