Operational Responsibility Clause Samples

Operational Responsibility. (except to the extent that such fees, penalties, charges, interest or other expenses directly result from the wrongful acts or omissions of DIR, prior to assumption of financial responsibility by Successful Respondent).

Operational Responsibility. With respect to Materials, Equipment, Equipment Leases and Third Party Contracts for which Service Provider is operationally responsible under Attachment 4-B, Service Provider shall be responsible for: (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Materials, Equipment, Equipment Leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Materials, Equipment, Equipment Leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Materials, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of all operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts; (v) the observance of and compliance with all Laws applicable to such licenses, leases and contracts (without limiting the obligation of the Parties under Section 15.11); (vi) the administration and exercise as appropriate of all rights available under such licenses, leases and contracts; and (vii) the payment of any fees, penalties, charges, interest or other expenses due and owing under or with respect to such licenses, leases and contracts that are incurred or caused by, or result from Service Provider's failure to comply with or perform its obligations under this Section 6.4(b) (except to the extent that such fees, penalties, charges, interest or other expenses directly result from the wrongful acts or omissions of DIR, prior to assumption of financial responsibility by Service Provider).

Operational Responsibility. With respect to Materials, Equipment, Equipment Leases and Third Party Contracts for which Service Provider is operationally responsible under Attachment 4-B, Service Provider shall be responsible for: (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Materials, Equipment, Equipment Leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Materials, Equipment, Equipment Leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Materials, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of all operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts;

Operational Responsibility. The Nodal Officer of STU/DISCOM nominated by the TSTRANSCO/TSDISCOM shall be responsible for coordination and implementing the procedure of Site Responsibility Schedule and ensuring that the process is carried out on a continuous basis. He shall also coordinate with other transmission licensees for the connectivity with Intra-State Transmission System.

Operational Responsibility. With respect to Software, Equipment, Equipment leases and Third Party Contracts for which Supplier is operationally responsible under Exhibit 2 or Attachment 4-B, Supplier shall be responsible for (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Software, Equipment, Equipment leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Software, Equipment, Equipment leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Software, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of the operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts (provided that, in the case of New Century licenses, leases and contracts, Supplier has received copies of such licenses, leases and contracts or has otherwise been notified of such operational, administrative and contractual obligations); (v) the administration and exercise as appropriate of all rights available under such licenses, leases and contracts (provided that, in the case of New Century licenses, leases and contracts, Supplier has received copies of such licenses, leases and contracts or has otherwise been notified of the rights available therein); and (vi) the payment of any fees, penalties, charges, interest or other expenses due and owing under or with respect to such licenses, leases and contracts that are incurred, caused by or result from Supplier’s failure to comply with or perform its obligations under this Section 6.4(b) (except to the extent that such failure directly results from a breach by New Century of its obligations under this Agreement).

Operational Responsibility. Refinery Company shall have day-to-day operational responsibility for the Water Facilities and the Water Rights but shall conduct such operations at the direction of the Water Management Team. The Water Management Team shall meet on a regular basis and at any time a Representative reasonably requests a meeting to implement the provisions of this Agreement and/or to ensure compliance by the Water Facilities with applicable laws and regulations.

Operational Responsibility. CRRM shall have day-to-day operational responsibility for the Water Facilities and the Water Rights but shall conduct such operations at the direction of the Water Management Team. The Water Management Team shall meet on a regular basis and at any time a Representative reasonably requests a meeting to implement the provisions of this Exhibit C and/or to ensure compliance by the Water Facilities with applicable laws and regulations.

Operational Responsibility. Except for the obligation to pay TSVAH the Guaranty Amount, Taos and all affiliated entities hereby disclaim any and all liability to passengers or other third Parties associated with the Scheduled Flights. TSVAH bears sole responsibility for the operation of the Scheduled Flights, including the decision whether or not to operate a Scheduled Flight, and any liability resulting therefrom.

Operational Responsibility. It is the intent of the Parties that, except as specifically provided otherwise herein, CDOT shall perform the operations and maintenance of both the I-70 WB PPSL and the I-70 General Purpose Lanes, subject to reimbursement from HPTE for HPTE’s proportionate share of the overall operations and maintenance expenses, as further described herein. The Parties recognize that CDOT and HPTE have certain obligations to FHWA under the FHWA MOU, as further set forth in Exhibit A. CDOT agrees that in the course of its operation of the WB PPSL Project it will utilize reasonable efforts to comply with the FHWA requirements.