Common use of Operator Work Scope Clause in Contracts

Operator Work Scope. (a) Subject to the provisions of Section 3.1, the Operator agrees to administer, operate and maintain the Facility in accordance with the terms and conditions of this Agreement. (b) Subject to the terms of this Agreement and so long as it remains in effect, the Owner hereby grants the Operator the non-exclusive right (which shall not constitute an easement or other restriction on the Facility) to enter on the premises on which the Facility is located and to occupy and have free access to use the same for solely the purposes set forth in this Agreement. The Operator agrees that in its capacity as the Operator it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Facility by virtue of this Agreement or the Operator's occupancy or use of the Facility hereunder. (c) Operator covenants that it will not cause or permit any waste or destruction of, or damage to, the Facility, ordinary wear and tear excepted, and shall not use or permit the use of the Facility other than as described in this Agreement, and that it will not suffer to be maintained any nuisance or unlawful or improper use of occupation of the Facility; provided, however, that noise from equipment shall be referred to the Owner for correction as a maintenance or capital budget item. (d) The Operator agrees that all programs, procedures and other intellectual property developed by the Operator for use on or at the Facility shall remain the property of the Owner.