Common use of Operation and Maintenance Obligations Clause in Contracts

Operation and Maintenance Obligations. At all times during the Term, Seller shall install, construct, test, operate and maintain the Facilities and shall, except as provided in Section [9.4], bear all costs and expenses of such installation, construction, testing, operation and maintenance, including without limitation labor, parts, supplies, insurance and applicable Taxes. Such installation, construction, testing, operation and maintenance shall comply with Seller’s obligations herein and in the Project Documents, including without limitation, Section [2.4(b)], and shall be performed in accordance with Accepted Electrical Practices and any requirements for capacity resource providers that may be promulgated by the Transmission Operator or FERC, and any applicable statutes, codes, regulations, standards and guidelines adopted by Governmental Authorities, NERC, the Southeastern Electric Reliability Council, or the Control Area Operator from time to time. Subject to ESI’s rights set forth in this Agreement, Seller shall have full and complete responsibility for and control over testing, operation and maintenance of the Facilities.

Operation and Maintenance Obligations. At all times during the Termtimes, Seller shall install, construct, test, operate and maintain the Facilities or cause the Facilities to be constructed, tested, operated and shall, except as provided in Section [9.4], maintained and shall bear all costs and expenses of such installation, construction, testing, operation and maintenance, including without limitation laborlimitation, parts, supplies, insurance Operation and Maintenance Costs and applicable TaxesGovernmental Charges. Such installation, construction, testing, operation and maintenance shall comply with Seller’s obligations herein and in the Project Documents, including without limitation, Section [2.4(b)]2.2] hereof, and shall be performed in accordance with Accepted Electrical Practices and any requirements for capacity resource providers that may be promulgated by the Transmission Operator or FERC, and any applicable statutes, codes, regulations, standards and guidelines adopted by Governmental Authorities, including without limitation, NERC, the Southeastern Electric Reliability Council, Council or the Control Area Operator from time to time. Subject to ESIBuyer’s rights set forth in this AgreementTransaction, Seller shall have full and complete responsibility for and control over testing, operation and maintenance of the Facilities.