Provider as Owner and Operator Sample Clauses

The 'Provider as Owner and Operator' clause establishes that the service provider retains ownership and operational control over the relevant assets, systems, or facilities used to deliver the contracted services. In practice, this means the provider is responsible for managing, maintaining, and making decisions regarding the use and upkeep of these resources, rather than transferring such responsibilities to the client. This clause clarifies the division of responsibilities, ensuring that the provider remains accountable for the performance and condition of the assets, thereby reducing ambiguity and potential disputes over ownership or operational duties.
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Provider as Owner and Operator. The System will be owned and operated by or for Provider at its sole cost and expense. “System Operation” means all actions, including monitoring and maintaining a System, necessary for Provider to fulfill its covenants under this Agreement. Any repair or maintenance of a System will be promptly completed by or for Provider, at its sole cost and expense, for Provider’s benefit as legal and beneficial owner of a System, to the extent that such repair or maintenance is not directly attributable to the gross negligence or willful misconduct of Host.
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Provider as Owner and Operator. The System will be owned by Provider or Provider’s Financing Party and will be operated and maintained and, as necessary, repaired by Provider at its sole cost and expense; provided, that any repair or maintenance costs incurred by Provider as a result of Purchaser’s negligence or breach of its obligations hereunder shall be reimbursed by Purchaser.
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Provider as Owner and Operator. The System will be owned and operated by or for Provider at its sole cost and expense. “System Operation” means all actions, including monitoring and maintaining a System, necessary for Provider to fulfill its obligations under this Agreement. Any necessary repair or maintenance of the System will be promptly completed by or for Provider, at its sole cost and expense, to the extent that such repair is not directly attributable to the negligence or willful misconduct of Host. To the extent such repair is directly attributable to the negligence or willful misconduct of Host repair of the System may be completed by or for Provider, at Host’s cost and expense
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Provider as Owner and Operator. Unless Purchaser purchases the System in accordance with this Agreement, Purchaser shall have no ownership rights in the System and is only entitled to purchase Electricity. The System will be owned by Provider and operated by, or for, Provider at Provider’s sole cost and expense. The System shall not attach to or be deemed a part of, or a fixture to, the Premises. The System shall at all times retain the legal status of personal property of Provider, and Provider shall pay any personal property, assessments or charges owed with respect to the System. Any repair or maintenance of the System will be completed by or for Provider, at its sole cost and expense, for Provider’s benefit as legal and beneficial owner of the System. Provider shall be entitled to, and is hereby authorized to, file one or more precautionary UCC Financing Statements or fixture filings, as applicable, in such jurisdictions as it deems appropriate with respect to the System in order to protect its rights in the System. Purchaser will not take a position on any tax return or in other filings suggesting that it is anything other than a purchaser of Electricity from the System and Provider shall retain title to any tax credits associated with the ownership of the System that may be available under federal or state law. The Parties intend this Agreement to be treated as a “service contract” within the meaning of Section 7701(e)(3) of the Internal Revenue Code. The Parties intend that neither Purchaser nor any party related to Purchaser shall acquire the right to operate any System or be deemed to operate any System for purposes of Section 7701(e)(4)(A)(i) of the Code, as amended, and the terms of this Agreement shall be construed consistently with the intention of the Parties.
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Provider as Owner and Operator. The Systems will be owned or leased by a Provider and will be installed, operated and maintained and, as necessary, repaired and removed, by Provider at its sole cost and expense, consistent with Good Industry Practice.
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Provider as Owner and Operator. (a) The System will be owned by Provider or Provider’s Financing Party and will be operated and maintained in accordance prudent industry practices, repaired by Provider at its sole cost and expense; provided, any repair or maintenance costs incurred by Provider as a result of Purchaser’s negligence or breach of its obligations hereunder shall be reimbursed by Purchaser. Provider shall maintain the safety and security of the System. For the avoidance of doubt, Purchaser shall not be responsible for damage or acts of vandalism to the System unless such damage or vandalism is a result of Purchaser’s negligence committed by a Purchaser employee, officer, director, or contractor. (b) Special Conditions related to Maintenance of Vegetation. As part of Provider’s responsibilities related to the maintenance of the System set forth above, Provider shall be responsible for the underlying land of the Premises, including maintenance of the vegetation located at the System. All vegetation shall be maintained in a manner that is compliant with Applicable Law and consistent with Purchaser’s maintenance at the Premises surrounding or adjacent to the System. In particular, grass shall be mowed to an appropriate length and on a recurring schedule established by mutual agreement between the Parties each year.
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Related to Provider as Owner and Operator

  • NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to construction contracts exceeding $10,000) The Contractor certifies that it does not maintain or provide for its establishments, and that it does not permit employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and it will not permit employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Contractor further agrees that (except where it has obtained for specific time periods) it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that it will retain such certifications in its files; and that it will forward the preceding notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).

  • Engineer Payment of Subproviders No later than ten (10) days after receiving payment from the State, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The State may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The State may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts.

  • Property Management (a) Borrower shall (i) cause Manager to manage the Properties in accordance with the Management Agreement, (ii) diligently perform and observe all of the terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (iii) promptly notify Lender of any default under the Management Agreement of which it is aware, (iv) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement, and (v) promptly enforce the performance and observance of all of the covenants required to be performed and observed by Manager under the Management Agreement in a commercially reasonable manner. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Lender’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its Obligations hereunder or under the Management Agreement, Lender shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed. In no event shall the fee payable to Manager for any Interest Period exceed the Management Fee Cap for such Interest Period and in no event shall Borrower pay or become obligated to pay to Manager, any transition or termination costs or expenses, termination fees, or their equivalent in connection with the Transfer of a Property or the termination of the Management Agreement. (b) If any one or more of the following events occurs: (i) the occurrence of an Event of Default, (ii) Manager shall be in material default under the Management Agreement beyond any applicable notice and cure period (including as a result of any gross negligence, fraud, willful misconduct or misappropriation of funds), or (iii) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, then Lender shall have the right to require Borrower to replace the Manager and enter into a Replacement Management Agreement with (x) a Qualified Manager selected by Borrower that is not an Affiliate of Borrower or (y) another property manager chosen by Borrower and approved by Lender; provided, that such approval shall be conditioned upon Borrower delivering a Rating Agency Confirmation as to such property manager. If Borrower fails to select a new Qualified Manager or a replacement Manager that satisfies the conditions described in the foregoing clause (y) and enter into a Replacement Management Agreement with such Person within sixty (60) days of Lender’s demand to replace the Manager, then Lender may choose the replacement property manager provided that such replacement property manager is a Qualified Manager or satisfies the conditions set forth in the foregoing clause (y).