Common use of Operator Obligations Clause in Contracts

Operator Obligations. (a) The Operator must: (i) perform its obligations under this Agreement, including the Services: (A) in accordance with the Services Specification; (B) to an appropriate standard of amenity (including with respect to cleanliness, safety and convenience); (C) in a safe and timely manner and in accordance with this Agreement, all Approvals, Statutory Requirements, State Policy, Principal Policy and any Codes and Standards that are legally binding on the Operator or the Principal; (D) in a competent, efficient and professional manner which meets or exceeds the requirements of Good Industry Practice, including with respect to the handling and resolution of any Customer complaints; (E) in accordance with clause 4.1(e); and (F) in accordance with the terms of this Agreement. (ii) take all reasonable measures to detect fraud within the Scheme during the delivery of the Services, and to promptly report any such suspected activities to the Principal; (iii) ensure that each Operator RVM complies with all Approvals, Statutory Requirements and State Policies; and (iv) in the performance of its obligations under this Agreement: (A) provide all things and take all measures reasonably necessary to protect people and property; (B) prevent unreasonable nuisance and unnecessary and unreasonable noise, disturbance, odour and interference with others; (C) ensure that the Services are fit for the purpose or purposes detailed in this Agreement; (D) ensure that it has the necessary resources (including personnel) to perform the Services; (E) ensure that the Services will be performed by suitably qualified personnel with appropriate skills and experience; and (F) to the extent required in connection with the performance of the Services under this Agreement, co-operate and co-ordinate its activities with other Scheme Participants and any authorised Associate of the Principal (as notified to the Operator by the Principal from time to time). (b) The Operator must not: (i) by its acts or omissions, knowingly place the Principal in breach of any Statutory Requirement or other law; or (ii) act in a manner that damages the Principal's brand, goodwill or reputation. (c) The Principal must not knowingly place the Operator in breach of any Statutory Requirement or other law. (d) The Operator must, at all times, use best endeavours to co-operate with the Principal, any provider of Bulk Sorting Services, any relevant Processing Services Provider and Other Service Providers in all matters relating to this Agreement and to the Scheme. (e) The Principal, or an authorised Associate of the Principal for the purposes of this clause 4.1(e), as notified to the Operator by the Principal in writing from time to time, is entitled, from time to time, to: (i) issue directions to the Operator; and (ii) notify the Operator of any policies, procedures, guidelines and rules which the Principal requires the Operator to comply with, in respect of the Operator's performance of its obligations under this Agreement (including in respect of the Services) that are reasonable having regard to the Scheme Objectives, the operation of the Scheme and function of the Principal as Coordinator and the Operator must comply with such directions, policies, procedures, guidelines and rules.

Operator Obligations. The Operator shall: (a) The Operator must:develop the Existing Facilities, design and build the New Facilities in accordance with the Specifications, the Construction Schedule and Prudent Industry Practice (see Schedule 2); (b) provide all financing for the development of the Facilities and all necessary and adequate working capital at all times during the Agreement Period to enable it to fulfil its obligations under this Agreement and to provide the Services, including repair and maintenance of the Facilities; (c) operate the Facilities in accordance with Prudent Industry Practice and the Service Standards and deliver the Services to Users in accordance with Service Standards; (d) operate the Services in accordance with the applicable permits; (e) obtain all necessary licenses, permits and warranties necessary to carry out the Services in accordance to the Applicable Law; (f) arrange for an electricity supply for the Facilities; (g) repair, maintain or make improvements to the Facilities to comply with the provisions of this Agreement, the Applicable Law and to conform to the Service Standards and Prudent Industry Practices; (h) not dispose of any of the land or Facilities thereon without the written authorisation of the Authority, including assignment of leasehold rights on the land, project agreements and the right to operate the Facilities in favour of Lender(s) pursuant to its financing arrangements; (i) perform its obligations under this Agreementprepare an asset register within twelve (12) months from the COD, including the Services: (A) in accordance with the Services Specificationkeep a copy thereof on site and maintain such asset register; (Bj) open a Revenue Collection Account as per the requirement of the Lender and to an appropriate standard provide the Authority with monthly statements of amenity (including with respect to cleanliness, safety and convenience)account; (Ck) obtain appropriate insurance coverage for the Agreement Period with a local Tanzanian insurance company of repute against claims, losses, damages to assets, accidents, injury or death, as further described in a safe Clause 35; (l) prepare and timely manner and submit reports in accordance with this Agreement, all Approvals, Statutory Requirements, State Policy, Principal Policy and any Codes and Standards that are legally binding on the Operator or the Principal; (Dm) in prepare operating manuals 2 months before the COD for the Facilities, keep a competent, efficient copy thereof on site and professional manner which meets or exceeds the requirements of Good Industry Practice, including with respect keep such operating manuals up to the handling and resolution of any Customer complaintsdate; (En) cooperate with the Authority to allow effective monitoring; (o) publicise Public User Charges prominently at the New Facilities; (p) be responsible for all fees and expenses related to provision of the Services and development of the Facilities and operation, repair and maintenance of the Facilities, including but not limited to electricity charges, water charges, spare parts, equipment, employee salaries, levies, permit fees and taxes; (q) comply with all Applicable Laws; (r) make royalty payments to the Authority in accordance with clause 4.1(e); and (F) in accordance with the terms of this Agreement. (ii) take all reasonable measures to detect fraud within the Scheme during the delivery of the Services, and to promptly report any such suspected activities to the PrincipalSchedule 12; (iiis) ensure that each comply with the requirements under Schedule 10 and seek prior written approval from the Authority prior to undertaking/implementing any change of controlling interest in excess of equity shareholding of the Operator RVM complies with all Approvals, Statutory Requirements and State Policies; andeither through a single or multiple transfers and/or allotments as provided in Schedule 10; (ivt) in assumes liability for the risks arising from the performance of its obligations functions under this Agreement: (A) provide all things and take all measures reasonably necessary to protect people and property; (B) prevent unreasonable nuisance and unnecessary and unreasonable noise, disturbance, odour and interference with others; (C) ensure that the Services are fit for the purpose or purposes detailed in this Agreement; (Du) ensure that it has carries out geotechnical survey and tests at the necessary resources (including personnel) to perform Site before the Services; (E) ensure that the Services will be performed by suitably qualified personnel with appropriate skills and experienceEffective Date; and (Fv) submits detailed design, drawings and layout for the Project to the extent required Authority in connection accordance with the performance of the Services under this Agreement, co-operate and co-ordinate its activities with other Scheme Participants and any authorised Associate of the Principal (as notified to the Operator by the Principal from time to time). (b) The Operator must not: (i) by its acts or omissions, knowingly place the Principal in breach of any Statutory Requirement or other law; or (ii) act in a manner that damages the Principal's brand, goodwill or reputation. (c) The Principal must not knowingly place the Operator in breach of any Statutory Requirement or other law. (d) The Operator must, at all times, use best endeavours to co-operate with the Principal, any provider of Bulk Sorting Services, any relevant Processing Services Provider and Other Service Providers in all matters relating to this Agreement and to the Scheme. (e) The Principal, or an authorised Associate of the Principal for the purposes of this clause 4.1(e), as notified to the Operator by the Principal in writing from time to time, is entitled, from time to time, to: (i) issue directions to the Operator; and (ii) notify the Operator of any policies, procedures, guidelines and rules which the Principal requires the Operator to comply with, in respect of the Operator's performance of its obligations under this Agreement (including in respect of the Services) that are reasonable having regard to the Scheme Objectives, the operation of the Scheme and function of the Principal as Coordinator and the Operator must comply with such directions, policies, procedures, guidelines and rules.Clause 7.2. Drawings

Operator Obligations. (a) The Operator must: (i) perform its obligations under this Agreement, including the Services: (A) in accordance with the Services Specification; (B) to an appropriate standard of amenity (including with respect to cleanliness, safety and convenience); (C) in a safe and timely manner and in accordance with this Agreement, all Approvals, Statutory Requirements, State Policy, Principal Policy and any Codes and Standards that are legally binding on the Operator or the Principal; (D) in a competent, efficient and professional manner which meets or exceeds the requirements of Good Industry Practice, including with respect to the handling and resolution of any Customer complaints; (E) in accordance with clause 4.1(e); and (F) in accordance with the terms of this Agreement. (ii) take all reasonable measures to detect fraud within the Scheme during the delivery of the Services, and to promptly report any such suspected activities to the Principal; (iii) ensure that each Operator RVM Refund Point complies with all Approvals, Statutory Requirements and State Policies; and (iv) in the performance of its obligations under this Agreement: (A) provide all things and take all measures reasonably necessary to protect people and property; (B) prevent unreasonable nuisance and unnecessary and unreasonable noise, disturbance, odour and interference with others; (C) ensure that the Services are fit for the purpose or purposes detailed in this Agreement; (D) ensure that it has the necessary resources (including personnel) to perform the Services; (E) ensure that the Services will be performed by suitably qualified personnel with appropriate skills and experience; and (F) to the extent required in connection with the performance of the Services under this Agreement, co-operate and co-ordinate its activities with other Scheme Participants and any authorised Associate of the Principal (as notified to the Operator by the Principal from time to time). (b) The Operator must not: (i) by its acts or omissions, knowingly place the Principal in breach of any Statutory Requirement or other law; or (ii) act in a manner that damages the Principal's brand, goodwill or reputation. (c) The Principal must not knowingly place the Operator in breach of any Statutory Requirement or other law. (d) The Operator must, at all times, use best endeavours to co-operate with the Principal, any provider of Bulk Sorting Services, any relevant Processing Services Provider and Other Service Providers in all matters relating to this Agreement and to the Scheme. (e) The Principal, or an authorised Associate of the Principal for the purposes of this clause 4.1(e), as notified to the Operator by the Principal in writing from time to time, is entitled, from time to time, to: (i) issue directions to the Operator; and (ii) notify the Operator of any policies, procedures, guidelines and rules which the Principal requires the Operator to comply with, in respect of the Operator's performance of its obligations under this Agreement (including in respect of the Services) that are reasonable having regard to the Scheme Objectives, the operation of the Scheme and function of the Principal as Coordinator and the Operator must comply with such directions, policies, procedures, guidelines and rules.