Common use of Responsibilities of Operator Clause in Contracts

Responsibilities of Operator. Operator shall: (a) operate and maintain the Plant and the Plant Site in accordance with the Annual Operating Plan in a clean, safe, and efficient manner, consistent with the Operation and Maintenance Procedures Manual, the operating and maintenance manuals for the Plant and the Plant Site, all applicable manufacturer's warranties, and normal and customary industry standards for industrial facilities similar to the Plant and the Plant Site; (b) perform the Services in an efficient manner and in accordance with the Lease and this Agreement; (c) except as otherwise specified in this Agreement, obtain and maintain all Permits and approvals necessary or useful for the operation of the Plant and for Operator to do business in the jurisdictions where the Services are to be performed; (d) use generally accepted industry practices (including accepted practices regarding the safety of personnel and equipment) and technology for industrial facilities similar to the Plant and the Plant Site with the objective of properly discharging its obligations under this Agreement, protecting workers, maximizing the Tax Credits while also minimizing the Costs (to the extent reasonable under the circumstances), complying in all material aspects with all applicable Laws and Permits, and preserving the useful life of the Plant, while satisfying the chemical change conditions of the Letter Ruling in order for the Briquettes to constitute "qualified fuels" pursuant to section 29(c)(1)(C) of the Code; (e) furnish the Company with information relating to the Plant and the Plant Site as requested by the Company; (f) at least 120 days prior to the beginning of each calendar year prepare and furnish to the Chairman of the Management Committee of the Company a draft of a proposed Annual Operating Plan consistent with the criteria described in Schedule 3.1(f) and cooperate as requested by the Chairman to assist the Chairman in revising such proposed plan; (g) operate the Plant and Plant Site in material compliance with its Permits and all applicable Laws, including Environmental Laws, and report to the Company immediately any violations of Environmental Laws that could result in material liability to the Company or the existence of any conditions known to Operator that may lead to such a violation; (h) minimize the occurrence of lost time events; provided, however, that Operator shall make a diligent effort to have no down time events; (i) cause the Briquettes to be tested by a reputable independent third party if, as, and when requested by the Company; and (j) supply personnel facilities (offices, change rooms, lunch rooms, etc.); potable water; sanitation facilities; and storage facilities; prior to acquiring any capital item that will be included in Costs or otherwise paid for by the Company and that will cost in excess of $25,000, Operator shall obtain the Company's prior written consent. The Parties contemplate that to the extent possible such items will be leased from third parties, and the Parties will agree on such arrangements prior to the acquisition or lease of such items.

Responsibilities of Operator. Operator shall: : (a) operate and maintain the Plant and the Plant Site in accordance with the Annual Operating Plan Utah Project in a clean, safe, safe and efficient manner, consistent with the Operation and Maintenance Procedures ManualHousekeeping Standards, the operating and maintenance manuals for the Plant and the Plant SiteUtah Project, all applicable manufacturer's warranties, the Operation and normal Maintenance Procedures Manual and customary industry all applicable laws, regulations, codes, permits, licenses, and standards for industrial facilities similar to and in compliance with loss prevention recommendations of the Plant and the Plant Site; Utah Project's property insurer; (b) perform the Services in all material respects in an efficient manner and in accordance with the Lease Transaction Documents and this Agreement; ; (c) perform the Services in a manner seeking to maximize Revenues and minimize expenditures and notify the Company at any time that Operator reasonably anticipates that annual expenses could reasonably be expected to have a material adverse effect on the operating cash flows of the Utah Project; (d) except as otherwise specified in this Agreement, obtain and maintain all Permits licenses, permits and approvals necessary or useful for the operation of the Plant and for required to allow Operator to do business in the jurisdictions where the Services are to be performed; ; (de) use generally accepted industry practices (including accepted practices regarding the safety of personnel and equipment) and technology for industrial facilities similar to the Plant and the Plant Site with the objective of properly discharging its obligations under this Agreement, protecting workers, maximizing the Tax Credits while also minimizing the Costs (to the extent reasonable under the circumstances), complying in all material aspects with all applicable Laws and Permits, Company's economic returns and preserving the useful life of the PlantUtah Project, while satisfying the chemical change conditions of the IRS Private Letter Ruling Rulings No. 9549025 and No. 9701041 dated September 8, 1995 and October 4, 1996, respectively in order for the Briquettes to constitute "qualified fuels" pursuant to section the terms of Section 29(c)(1)(C) of the 1986 Internal Revenue Code; ; (ef) furnish the to Company with information relating to the Plant and the Plant Site as Utah Project requested by the Company; (f) at least 120 days prior to the beginning of each calendar year prepare and furnish to the Chairman of the Management Committee of the Company a draft of a proposed Annual Operating Plan consistent with the criteria described in Schedule 3.1(f) and cooperate as requested by the Chairman to assist the Chairman in revising such proposed plan; ; (g) operate the Plant and Plant Site Utah Project in material compliance with its Permits permits and all applicable Laws, including Environmental Laws, Hazardous Materials Laws and report to the Company immediately any violations of Environmental Hazardous Materials Laws that could result in material liability to the Company or the existence of any conditions known to Operator it that may lead to such a violation; ; (h) minimize the occurrence of lost time events; provided, however, that Operator shall make a diligent effort to have no down time events; and (i) cause monthly testing of the Briquettes to be tested by a reputable independent third party ifto determine the occurrence of a chemical change satisfying the chemical change conditions of IRS Private Letter Rulings No. 9549025 and No. 9701041 dated September 8, as1995 and October 4, and when requested by the Company; and (j) supply personnel facilities (offices1996, change rooms, lunch rooms, etc.); potable water; sanitation facilities; and storage facilities; prior respectively in order to acquiring any capital item that will be included in Costs or otherwise paid for by the Company and that will cost in excess of $25,000, Operator shall obtain the Company's prior written consent. The Parties contemplate that constitute "qualified fuels" pursuant to the extent possible such items will be leased from third parties, and terms of Section 29(c)(1)(C) of the Parties will agree on such arrangements prior to the acquisition or lease of such items1986 Internal Revenue Code.

Responsibilities of Operator. Operator shall: : (a) operate and maintain the Plant Beneficiation Equipment and the Plant Pond Site in accordance with the Annual Operating Plan in a clean, safe, and efficient manner, consistent with the Operation and Maintenance Procedures Manual, the operating and maintenance manuals for the Plant Beneficiation Equipment and the Plant Pond Site, all applicable manufacturer's warranties, and normal and customary industry standards for industrial facilities similar to the Plant Beneficiation Equipment and the Pond Site so as, to the extent possible using the Beneficiation Equipment, to supply timely the Briquetting Plant Site; (b) perform with all of its coal fines requirements for testing and start-up of the Services in an efficient manner and in accordance with the Lease and this Agreement; (c) except as otherwise specified in this AgreementBriquetting Plant and, obtain and maintain all Permits and approvals necessary or useful thereafter, for the commercial operation of the Briquetting Plant at its maximum optimum capacity, as such requirements may change from time to time, and for Operator maintain sufficient inventories of coal fines to do business in ensure an uninterrupted supply of the jurisdictions where requirements of the Services are to be performed; (d) use generally accepted industry practices (including accepted practices regarding Briquetting Plant, and beneficiate the safety of personnel and equipment) and technology for industrial facilities similar Mine Waste such that the resulting coal fines supplied to the Plant and the Plant Site with the objective of properly discharging its obligations under this Agreement, protecting workers, maximizing the Tax Credits while also minimizing the Costs (to the extent reasonable under the circumstances), complying in all material aspects with all applicable Laws and Permits, and preserving the useful life of the Briquetting Plant, while satisfying when processed by the Briquetting Plant, will satisfy the chemical change conditions of the Letter Ruling in order for the Briquettes to constitute "qualified fuels" pursuant to section 29(c)(1)(C) of the Code; ; (b) perform the Services in an efficient manner and in accordance with the Lease and this Agreement; (c) except as otherwise specified in this Agreement, obtain and maintain all Permits and approvals necessary or useful for the operation of the Impoundment and the Beneficiation Equipment and for Operator to do business in the jurisdictions where the Services are to be performed; (d) use generally accepted industry practices (including accepted practices regarding the safety of personnel and equipment) and technology for industrial equipment similar to the Beneficiation Equipment and the Pond Site with the objective of properly discharging its obligations under this Agreement, protecting workers, minimizing the Costs (to the extent reasonable under the circumstances), complying in all material respects with all applicable Laws and Permits, and preserving the useful life of the Beneficiation Equipment; (e) furnish the Company with information relating to the Plant Beneficiation Equipment and the Plant Pond Site as requested by the Company; ; (f) at least 120 days prior to the beginning of each calendar year prepare and furnish to the Chairman of the Management Committee of the Company a draft of a proposed Annual Operating Plan consistent with the criteria described in Schedule 3.1(f) and cooperate as requested by the Chairman to assist the Chairman in revising such proposed plan; ; (g) operate the Plant Beneficiation Equipment and Plant Pond Site in material compliance with its Permits and all applicable Laws, including Environmental Laws, and report to the Company immediately any violations of Environmental Laws that could result in material liability to the Company or the existence of any conditions known to Operator that may lead to such a violation; ; (h) minimize the occurrence of lost time events; provided, however, that Operator shall make a diligent effort to have no down time events; and (i) cause the Briquettes to be tested by a reputable independent third party if, as, and when requested by the Company; and (j) supply personnel facilities (offices, change rooms, lunch rooms, etc.); potable water; sanitation facilities; and storage facilities; prior to acquiring any capital item that will be included in Costs or otherwise paid for by the Company and that will cost in excess of $25,000, Operator shall obtain the Company's prior written consent. The Parties contemplate that to the extent possible such items will be leased from third parties, and the Parties will agree on such arrangements prior to the acquisition or lease of such items.

Responsibilities of Operator. In conducting the Joint Operations and the Sole Risk Operations, the Operator shall: (a) operate : 6.7.1 endeavor to diligently conduct all activities in accordance with practices generally followed at the international petroleum industry, to conform to good and prudent oil field and engineering practices in the Deposit and accepted conservation principles generally followed by the international petroleum industry under similar circumstances, and to perform such operations in an efficient and economic manner and in compliance with provisions of the License, the Exploration Contract and this Agreement and subject to all applicable laws and regulations; 6.7.2 proceed with due diligence to acquire for the Company any and all permits, rights to use land and all other rights that may be required for or in connection with the conduct of the Joint Operations and the Sole Risk Operations; 6.7.3 permit representatives of any Shareholder to have full access to the area, the subject matter of the License and the Exploration Contract, at all reasonable times with the right to observe any and all activities being conducted and to inspect all Company materials, equipment, technical data and other property including rock and fluid samples; all observations and inspections by Shareholder representatives shall be at the sole risk and expense of such Shareholder; 6.7.4 maintain the License and the Exploration Contract in full force and effect. In this respect, the Operator shall promptly pay and discharge all liabilities and expenses incurred in connection with the Joint Operations and the Sole Risk Operations and take all reasonable efforts to keep and maintain the Plant Company assets free from all liens, pledges and encumbrances arising therefrom; 6.7.5 pay to the Government Authority, within the periods and in the manner prescribed by the License, the Exploration Contract, in accordance with all applicable laws and regulations, and also Taxes, fees and other payments pertaining to the Joint Operations and the Plant Site Sole Risk Operations, but excluding any taxes measured by the incomes of the individual Shareholders; 6.7.6 have, in accordance with the Annual Operating Plan decisions of the Board of Directors, the exclusive right and obligation to represent the Company in a clean, safe, and efficient manner, consistent all dealings with the Operation and Maintenance Procedures ManualGovernmental Authorities, in respect of matters arising under the operating and maintenance manuals for the Plant License and the Plant SiteExploration Contract. The Operator shall immediately notify the Board of Directors of any such meetings called to consider significant matters. Each Shareholder shall be entitled to have representatives attend such meetings if he/she deems it necessary but such representatives will not be allowed to participate therein; 6.7.7 take all necessary and proper measures for protection of life, all applicable manufacturer's warrantieshealth, environment and normal and customary industry standards for industrial facilities similar to the Plant and the Plant Site; (b) perform the Services in an efficient manner and in accordance with the Lease and this Agreement; (c) except as otherwise specified in this Agreement, obtain and maintain all Permits and approvals necessary or useful for the operation of the Plant and for Operator to do business property in the jurisdictions where the Services are to be performed; (d) use generally accepted industry practices (including accepted practices regarding the safety case of personnel and equipment) and technology for industrial facilities similar to the Plant and the Plant Site with the objective of properly discharging its obligations under this Agreement, protecting workers, maximizing the Tax Credits while also minimizing the Costs (to the extent reasonable under the circumstances), complying in all material aspects with all applicable Laws and Permits, and preserving the useful life of the Plant, while satisfying the chemical change conditions of the Letter Ruling in order for the Briquettes to constitute "qualified fuels" pursuant to section 29(c)(1)(C) of the Code; (e) furnish the Company with information relating to the Plant and the Plant Site as requested by the Company; (f) at least 120 days prior to the beginning of each calendar year prepare and furnish to the Chairman of the Management Committee of the Company a draft of a proposed Annual Operating Plan consistent with the criteria described in Schedule 3.1(f) and cooperate as requested by the Chairman to assist the Chairman in revising such proposed plan; (g) operate the Plant and Plant Site in material compliance with its Permits and all applicable Laws, including Environmental Laws, and report to the Company immediately any violations of Environmental Laws that could result in material liability to the Company or the existence of any conditions known to Operator that may lead to such a violation; (h) minimize the occurrence of lost time eventsan emergency; provided, however, that the Operator shall make a diligent effort to have no down time events; (i) cause immediately notify the Briquettes to be tested by a reputable independent third party if, as, Board of Directors of the details of such an emergency and when requested by the Company; measures taken; 6.7.8 prepare and (j) supply personnel facilities (offices, change rooms, lunch rooms, etc.); potable water; sanitation facilities; and storage facilities; prior to acquiring any capital item that will be included in Costs or otherwise paid for by furnish the Company and the Governmental Authorities (as may be required) the following listed data, information and reports as they are produced or compiled: 6.7.8.1 a copy of all electrical logs or surveys; 6.7.8.2 a copy of daily drilling progress reports, including a statement of cumulative costs incurred to date; 6.7.8.3 a copy of all drill stem tests and core analysis reports; 6.7.8.4 a copy of all plugging reports in the event any well is completed as a dry hole or is otherwise abandoned; 6.7.8.5 a copy of the final geological record and the time drilling record on all ▇▇▇▇▇; 6.7.8.6 a copy of all geological and geophysical data, reports and maps relating to work performed by the Operator; 6.7.8.7 a copy of field and well performance reports, including reservoir studies and reserve estimates; 6.7.8.8 a copy of all reports relating to Operations furnished by the Operator to the Government Authorities; 6.7.8.9 a copy of progress and operations reports not less than once each month, including a statement of cumulative costs incurred to date; 6.7.8.10 a copy of engineering studies, development schedules and progress reports on development projects: 6.7.8.11 a copy of other reports as frequently as is justified by the activities or as instructed by the Board of Directors; and 6.7.8.12 such additional information for the Company or the Shareholders as they or any of them may request, provided that the requesting party or parties pay the costs of preparation of such information and that the preparation of such information will cost in excess of $25,000, not unduly burden Operator’s administrative and technical personnel. 6.7.9 The Operator shall obtain supply the Sole Risk Parties with the same data, information and reports with regard to the Sole Risk Operations; carry for the benefit of all Company and the Operator such insurance as is set forth and described in Exhibit “C” and as may be required by all applicable laws, rules or regulations of the Republic of Kazakhstan and as may be required by OJSC “Bank TuranAlem” for the period of effect of the Loan Agreement; the Operator shall promptly notify the Shareholders of the insurance to be so obtained, and if so requested, provide the Shareholders with certificates evidencing such insurance; the Operator shall be responsible for filing any claims under such insurance and collecting the resulting proceeds of settlement; such insurance shall include, if practical and obtainable, waivers of subrogation in favor of the Operator and the Shareholders; no other insurance shall be provided by the Operator unless approved by the Board; any Shareholder may procure and maintain at its own cost and expense such other insurance as it shall determine, and any such insurance shall be solely for the benefit of such Shareholder procuring the insurance. Any Shareholder procuring such other insurance shall arrange to have its insurers agree to waivers of subrogation in favor of all other Shareholders, the Operator and the Company's prior written consent. The Parties contemplate that ; 6.7.10 require its contractors and subcontractors to carry such insurance for the extent possible such items will be leased from third parties, benefit of the Company and the Parties will agree Operator, as the Operator may determine, subject to any specific instructions that the Board of Directors may prescribe; 6.7.11 use its best efforts to obtain from contractors and subcontractors adequate indemnification protecting interests of the Company and the Shareholders and to require all such contractors and subcontractors to name the Company and the Operator as additional insureds on such arrangements prior contractor’s or subcontractor’s insurance policies or to obtain from their insurers waivers of all rights or recourse against the acquisition or lease of such itemsOperator and the Company.