ARTICLE 4
OWNER RESPONSIBILITIES
Section 4.1 - Information. Owner shall provide Operator with all vendor manuals,
spare parts lists, Project data books and drawings which are provided to Owner pursuant
to any Project Agreement or by any contractor responsible for construction, installation,
repair or maintenance of the Project or a part thereof. Subject to the standards of
performance set forth in Section 3.2, Operator shall be entitled to rely upon such
information in performance of the Services. Owner shall also provide Operator with
copies of all Project Agreements and any amendments thereto and any other documents
that define the Project's operating requirements.
Section 4.2 - Overhaul of Major Equipment and Capital Improvements. The cost
of all major equipment teardowns and overhauls and all capital improvements shall be the
responsibility of Owner. Operator shall promptly notify Owner in writing of any such
teardowns and overhauls of major equipment or capital improvements that Operator
believes are necessary or advisable together with a proposed schedule and budget for
completing such repairs or improvements. To the extent reasonably possible, the costs of
all major equipment teardowns and overhauls and all capital improvements shall be
incorporated into the applicable Annual Budget. If such costs have been incorporated
into the applicable approved Annual Budget, or if Owner has otherwise consented in
writing to reimburse Operator for such costs, Operator shall schedule, coordinate, assist
Owner in contracting for and oversee the performance of such activities. Operator also
shall be responsible for monitoring and enforcing contract compliance by the contractor
performing such work, including taking such steps, short of litigation, to enforce any
warranties granted to Owner by such contractor.
Section 4.3 - Annual Budget and Project Operating Plan. In accordance with
Article 6, Owner shall be responsible for approval of the Annual Budget, the Annual
Project Operating Plan and the Five-Year Budget.
Section 4.4 — Owner Contracting Party As owner of the Project, Owner shall be
the entity named on all contracts, agreements, regulatory correspondence and other legal
or necessary documents in relation to the Project. Owner, at its sole discretion, may
name Operator as its designee to act on its behalf to take such action as necessary to
ensure continued operation of the Project. Prior Owner approval is required for contracts
relating to the Project of over (Ten Thousand Dollars) $10,000.
ARTICLE 5
COMPENSATION AND PAYMENT
Section 5.1 - Payments. As compensation to Operator for performance of the
Services hereunder, Owner shall pay Operator an Administrative fee as specified in
Appendix B. In addition, Owner shall (at Owner’s Option) either (i) retmburse Operator,
in the manner and at the times specified in this Article 5 and Appendix B, as modified
