Common use of PERFORMANCE OF OPERATIONS Clause in Contracts

PERFORMANCE OF OPERATIONS. 6.1. With effect from the Commencement Date the Harbour Operator shall (or shall procure that its sub-contractors shall) undertake and perform the Harbour Operations and shall at all times ensure that the Harbour Operations are performed: 6.1.1. in accordance with and so as to comply in all respects with this Agreement; 6.1.2. in such a manner so as not to prevent, restrict or interfere with the CHFS Operator’s provision of the CHFS Services. 6.1.3. so as to ensure compliance with the requirements of the OSMS and PMSC in every respect; 6.1.4. so as to ensure compliance with the requirements of the Health and Safety Plan in every respect to the satisfaction of CMAL. The Harbour Operator must review the Health and Safety Plan from time to time or when so required by any change of circumstance or when so requested by CMAL, and must update the Health and Safety Plan as appropriate; 6.1.5. so as to ensure compliance with Law; 6.1.6. so as to ensure compliance with the Environmental Management Plan; 6.1.7. in accordance with Good Industry Practice; 6.1.8. in accordance with the Customer Care Process; 6.1.9. in a manner consistent with the discharge by CMAL of its statutory duties as harbour authority; 6.1.10. in such a manner so as not to detract from the image and reputation of CMAL as a harbour authority; and 6.1.11. in such a manner as not to restrict or interfere with the lawful exercise of third party rights; and 6.1.12. to permit third party vessel operators and their passengers, servants, agents and contractors to use the Harbour Facilities (and such passenger waiting and other facilities within the Harbour Area generally used by passengers) for the shipping and unshipping of freight and the embarking and landing of passengers and vehicles and the taking on of fresh water where available subject to such third parties paying the applicable Harbour Dues and complying with all applicable by-laws, regulations and other requirements of CMAL provided that such third party usage will not interfere with the provision of the CHFS Services. Where the Harbour Operator is notified of any grievance or complaint concerning the level or nature of the access of any third party vessel operator to any of the Harbours, the Harbour Operator shall comply with the Access Complaints Procedure in relation to such grievance or complaint and implement any decision resulting from such procedure. 6.2. The Harbour Operator shall at all times ensure that: 6.2.1. the Harbour Operations are overseen by the Key Personnel in accordance with the roles and responsibilities set out in the Harbour Operations Organisation Structure; 6.2.2. it employs or engages the services of a sufficient number of properly trained, suitably qualified and experienced personnel to ensure that the Harbour Operations are performed in accordance with this Agreement; 6.2.3. all aspects of the Harbour Operations are supervised by a sufficient number of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Harbour Operations in accordance with this Agreement; 6.2.4. it maintains up to date personnel records on the Harbour Operator’s Personnel engaged in the provision of the Harbour Operations and, on request, provide reasonable information to CMAL on the Harbour Operator’s Personnel. The Harbour Operator shall at all times ensure that it has the right to provide these records under the Data Protection Legislation; 6.2.5. provides at its own cost, all equipment, tools, work, appliances and all other facilities necessary for the performance of its obligations under this Agreement, as well as all operating and support services necessary for carrying out such obligations; 6.2.6. it maintains full and accurate records relating to the Harbour Operations and, on reasonable notice being given to it by CMAL, make available to CMAL or any authorised representative of CMAL, all such records and any other documentation and information held by it relating to the Harbour Operations for the purpose of verifying the Harbour Operator’s proper performance of its obligations under this Agreement; 6.2.7. it ensures that the Harbour Operator Representative shall liaise with the CMAL Representative on all matters in connection with the operation of this Agreement; and 6.2.8. it carries out all actions agreed with the CMAL Representative promptly upon the same being agreed. 6.3. The Harbour Operator acknowledges that where subcontractors are employed by the Harbour Operator, the Harbour Operator shall not be relieved from any of its obligations under this agreement. 6.4. The Harbour Operator undertakes that it shall ensure all third party users of the Harbour Facilities comply with the Terms and Conditions of Harbour Use at all times and implement their Pilotage Plan.