Laserfiche WebLink
® 0 <br />ARTICLE 3 <br />OPERATION AND MAINTENANCE OF THE PLANT <br />3.1 In General <br />3.1.1 The Participants, as co -owners of the Plant, understand that, except as otherwise <br />specified herein, the Managing Participant will serve as managing owner for construction at the Plant <br />as well as for the maintenance and operation of the Plant and shall have charge of its business and <br />general conduct. <br />3.1.2 The Participants shall have an interest in the conduct, affairs and decisions of the <br />Plant in proportion to the Participant's capital contribution. The Participants shall have the authority <br />to enter the Plant premises upon proper identification provided to Plant security personnel. <br />3.1.3 The Participants are willing to make capital contributions and payment of 0&M <br />Expenses as specified herein on the basis that the Managing Participant as managing owner agrees <br />to use its best efforts to assure proper construction, operation and maintenance of the Plant and its <br />structures, equipment and facilities, and proper conduct of all employees, agents or contractors, to <br />pay debts when due and to obey all applicable federal, state or local regulations. <br />3.2 Relationship of Participants <br />3.2.1 The relationship of the Participants is of a fiduciary character. The Managing <br />Participant is trustee with respect to the Participants, with respect to the operation of the Plant and <br />care of all joint property specified herein. Each Participant shall act in the highest good faith toward <br />the other in conducting the operation of the Plant as well as their respective duties under this <br />A:TWB 10975.RV I <br />L.D. File No. 80-99146-01 <br />15 <br />February 9.2000 <br />