Appointment of Contractors Sample Clauses

Appointment of Contractors. 6.10.1 The Lessee may appoint Contractor/s under intimation to the NRDA, for- a) Construction and development of the Project; b) Marketing of the Project and/or c) Operation and maintenance of the Project; 6.10.2 For the avoidance of doubt, it is hereby clarified that notwithstanding the appointment of a Contractor by the Lessee for any of the aforesaid purposes, the Lessee shall be liable for the performance of its duties and for the discharge of all its obligations and responsibilities which it shall have towards NRDA under this Agreement and the appointment of Contractor(s) for any of the aforesaid purposes shall neither release nor exonerate the Lessee from its obligations hereunder, including full and timely compliance with the terms of this Agreement. The Lessee does hereby also agree and acknowledge that it shall remain responsible for obligations performed or to be performed by the Contractor to the same extent as if such obligations were to be always performed by the Lessee. 6.10.3 The Lessee further undertakes and covenants that it shall be solely responsible for all payments to be made to the Contractors and shall indemnify and keep NRDA indemnified and harmless from and against any and all losses, claims, damages, liabilities, costs (including attorneys fees and disbursements) and expenses that NRDA may incur, in so far as such losses directly arise out of, in any way relate to, or result from the non-performance by the Lessee of its obligations to the Contractors including non-payment of any monies to such Contractors. 6.10.4 The Lessee acknowledges and undertakes to ensure that the terms of any agreement between the Lessee and the Contractors shall be in conformity with the provisions of this Agreement and in the event of any conflict between such agreement and this Agreement the provisions of this Agreement shall prevail. The Lessee undertakes that in every agreement which it shall enter into with the Contractor(s), the following provision shall be included: "It is hereby agreed and acknowledged by and between the Parties hereto that the [Lessee] has executed this Agreement in favour of the Contractor in exercise of this rights under the agreement dated. executed between the [Lessee] on the one hand and the NRDA on the other ("the Development Agreement") and as such, this Agreement shall at all times be subject to the provisions of the Development Agreement between the Lessee and NRDA. For the avoidance of doubt, it is hereby clarified that ...
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Appointment of Contractors. 10.3.1. In order to fulfil the objectives of this Agreement, the Concessionaire may appoint any person as Contractor, at its own cost and risk, for any works relating to the Construction Work of the Project; provided further such person(s) are capable of discharging the obligations under this Agreement for and on behalf of the Concessionaire. 10.3.2. The Concessionaire shall ensure that its obligations, which are relevant to the scope of work of a Contractor, pursuant to this Agreement are incorporated in the terms and conditions under which any Contractor is retained. 10.3.3. Prior to the appointment of a Contractor for any substantial work, the Concessionaire shall inform the IE&A of the appointment and the qualification of such contractors. The IE&A shall have the right, but not the obligation, to review the submissions related to the qualification of the Contractors. The Concessionaire shall undertake required steps to address the concerns raised by IE&A, if any. 10.3.4. The appointment of Contractors shall not in any way relieve the Concessionaire of its obligations as set out in this Agreement and the Authority's and/or IE&A’s consent to the appointment of such Contractors shall not impose any obligation or liability whatsoever on the Authority in this respect.
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Appointment of Contractors. The Company shall design, finance, construct, install, test, commission, own, operate and maintain the Facility (and Own the Site) in accordance with the provisions of this Agreement, the Power Purchase Agreement, and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Standards: Provided, that the Company may contract with the Construction Contractor to design, construct, install, and commission the Facility and the O&M Contractor to operate and maintain the Facility: Provided, further, that the appointment of the Construction Contractor and the O&M Contractor by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, operation, or maintenance of the Facility.
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Appointment of Contractors. In order to carry out the operational and/or maintenance requirements of the Storage Facility, the Concessionaire may appoint any person(s) as Contractor(s), at its own cost and risk, for any works related to the operations and/or maintenance of the Storage Facility; provided that such person(s) are capable for carrying out the required work for and on behalf of the Concessionaire.
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Appointment of Contractors. All Tenant contractors are subject to approval by the Landlord to the extent provided in the Lease.
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Appointment of Contractors. 12.2.1. In order to carry out the maintenance requirements of the Silo Complex, the Concessionaire may appoint any person(s) as Contractor(s), at its own cost and risk, for any works related to maintenance of the Silo Complex; provided that such person(s) are capable for carrying out the required work for and on behalf of the Concessionaire. 12.2.2. The Concessionaire shall ensure that its obligations, which are relevant to the scope of work of a Contractor, pursuant to this Agreement are incorporated in the terms and conditions under which any Contractor is retained. 12.2.3. Prior to the appointment of a Contractor for any substantial work, the Concessionaire shall inform the IE&A of the appointment and the qualification of such contractors. The IE&A shall have the right, but not the obligation, to review the submissions related to the qualification of the Contractors. The Concessionaire shall undertake required steps to address the concerns raised by IE&A, if any. 12.2.4. The appointment of Contractors shall not in any way relieve the Concessionaire of its obligations as set out in this Agreement and the IE&A’s consent to the appointment of such Contractors shall not impose any obligation or liability whatsoever on the Authority in this respect. [Version Date : 21.11.2013] Page 80 12.3.1. No later than 180 (one hundred and eighty) days prior to the Scheduled Completion Date, the Concessionaire shall, in consultation with IE&A, evolve a repair, operation and maintenance manual (the “Maintenance Manual”) for the regular and preventive maintenance of the Silo Complex in conformity with the Standards and Specifications, Maintenance Requirements, Safety Requirements and Good Industry Practice, and shall provide 5 (five) copies thereof to the Authority and 2 (two) copies to the IE&A. The Maintenance Manual shall be revised and updated once every 3 (three) years and the provisions of this Clause
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Appointment of Contractors. The Developer may appoint Contractor/s under intimation to the NRDA, for-
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Appointment of Contractors. 10.4.1. In order to fulfill the objectives of this Agreement, the DCO may appoint any person as Contractor, at its own cost and risk, for any works relating to the Construction Work and O&M of the Project; provided further such person(s) are capable of discharging the obligations under this Agreement for and on behalf of the DCO. 10.4.2. The DCO shall ensure that its obligations, which are relevant to the scope of work of a Contractor, pursuant to this Agreement are incorporated in the terms and conditions under which any Contractor is retained. 10.4.3. Prior to appointment of contractor for any substantial work, the DCO shall inform XXXXX of the appointment and the qualification of such contractors. KIIDC shall have the right, but not the obligation, to review the submissions related to the qualification of the contractors. 10.4.4. The appointment of Contractors shall not in any way relieve the DCO of its obligations as set out in this Agreement and XXXXX's consent to the appointment of such Contractors shall not impose any obligation or liability whatsoever on KIIDC in this respect.
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Appointment of Contractors. 13.1.1. CFA shall only engage contractors and employees of contractors, to do work that would be covered by this Agreement if it was performed by employees, if wages and terms and conditions for the performance of that work are applied that are no less favourable than that provided for in this Agreement. 13.1.2. The CFA shall undertake consultation in accordance with Clause X- Consultation in respect of proposals for the work or duties performed by Employees under this agreement to be performed by employees employed by another employer. 13.1.3. The CFA shall undertake consultation in accordance with Clause X- Consultation in respect of any proposal for the introduction of new work: (a) within the scope of a Classification Description under this Agreement; (b) proposed to be performed by Employees to whom this Agreement applies; or (c) capable of performance by Employees to whom this Agreement applies.
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Related to Appointment of Contractors

  • Appointment of Custodians The Trustee may, with the consent of the Depositor and the Master Servicer appoint one or more Custodians to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into a Custodial Agreement. The appointment of any Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee shall pay any and all fees and expenses of any Custodian in accordance with each Custodial Agreement (provided that if expenses of the kind that would be reimbursable to the Trustee pursuant to Section 8.05 if incurred by the Trustee are incurred by the Custodian, the Trustee shall be entitled to reimbursement under Section 8.05 for such kind of expenses to the extent the Trustee has paid such expenses on behalf of the Custodian or for which the Trustee has reimbursed the Custodian). The Trustee initially appoints the Custodian as Custodian, and the Depositor and the Master Servicer consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of each Custodial Agreement and to enforce the terms and provisions thereof against the Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by such Custodian. Each Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Each Custodial Agreement may be amended only as provided in Section 11.01. In no event shall the appointment of any Custodian pursuant to a Custodial Agreement diminish the obligations of the Trustee hereunder.

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the following general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees B. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a xxxxxxx to investigate, present and adjust a specific grievance or to investigate a specific problem to deter- mine whether to file a grievance. The activities of such Union representative shall be in lieu of a xxxxxxx designated under the formula in Section 2.A and shall be in accordance with Section 3. Payment, when applicable, shall be in accordance with Section 4. C. To provide xxxxxxx service to installations with twenty or less craft employees where the Union has not certified a xxxxxxx, a Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a xxxxxxx. D. At the option of the Union, representatives not on the Employer’s payroll shall be entitled to perform the functions of a xxxxxxx or chief xxxxxxx, provided such representatives are certified in writing to the Employer at the area level and providing such rep-

  • Appointment of Custodian On behalf of each of its Portfolios, each Fund hereby employs and appoints the Custodian as a custodian, subject to the terms and provisions of this Agreement. Each Fund shall deliver to the Custodian, or shall cause to be delivered to the Custodian, cash, securities and other assets owned by each of its Portfolios from time to time during the term of this Agreement and shall specify to which of its Portfolios such cash, securities and other assets are to be specifically allocated.

  • Appointment of Managers With effect from the day and year stated in Box 4 and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers and the Managers hereby agree to act as the Managers of the Vessel.

  • Appointment of Representatives 11.01 The Employer acknowledges the right of the Union to appoint employees as Union Representatives. The Union will provide the Employer with the names of all Union Representatives within a reasonable period. 11.02 The Union shall determine the jurisdiction of each Union Representative, having regard to the plan of organization, the distribution of employees at the workplace and the administrative structure implied by the grievance procedure covered by this Agreement.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of receivers and managers any administrative or other receiver is appointed anywhere of any Security Party or any part of its assets and/or undertaking or any other steps are taken to enforce any Encumbrance over all or any part of the assets of any Security Party; or

  • Appointment of Co-Trustee (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction or otherwise, the Trustee shall have the power and may execute and deliver all instruments necessary to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustees, of all or any part of this Indenture, and to vest in such Person or Persons, in such capacity and for the benefit of the Holders, such powers, duties, obligations, rights and trusts as the Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 7.09 and no notice to the Holders of the appointment of any co-trustee or separate trustee shall be required. (b) Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions: (1) All rights, powers, duties and obligations conferred or imposed upon the Trustee shall be conferred or imposed upon and exercised or performed by the Trustee and such separate trustee or co-trustee jointly (it being understood that such separate trustee or co-trustee is not authorized to act separately without the Trustee joining in such act), except to the extent that under any law of any jurisdiction in which any particular act or acts are to be performed the Trustee shall be incompetent or unqualified to perform such act or acts, in which event such rights, powers, duties and obligations shall be exercised and performed singly by such separate trustee or co-trustee, but solely at the direction of the Trustee. (2) No trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and (3) The Trustee may at any time accept the resignation of or remove any separate trustee or co-trustee. (c) Any notice, request or other writing given to the Trustee shall be deemed to have been given to each of the then separate trustees and co-trustees, as effectively as if given to each of them. Every instrument appointing any separate trustee or co-trustee shall refer to this Indenture and the conditions of this Section 7.12. Each separate trustee and co-trustee, upon its acceptance of the trusts conferred, shall be vested with the estates or property specified in its instrument of appointment, either jointly with the Trustee or separately, as may be provided therein, subject to all the provisions of this Indenture, specifically including every provision of this Indenture relating to the conduct of, affecting the liability of, or affording protection or rights (including the rights to compensation, reimbursement and indemnification hereunder) to, the Trustee. Every such instrument shall be filed with the Trustee. (d) Any separate trustee or co-trustee may at any time constitute the Trustee its agent or attorney-in-fact with full power and authority, to the extent not prohibited by law, to do any lawful act under or in respect of this Indenture on its behalf and in its name. If any separate trustee or co-trustee shall die, become incapable of acting, resign or be removed, all of its estates, properties, rights, remedies, and trusts shall vest in and be exercised by the Trustee, to the extent permitted by law, without the appointment of a new or successor trustee.

  • Appointment of the Manager The Trust is engaged in the business of investing and reinvesting its assets in securities of the type and in accordance with the limitations specified in its Declaration of Trust, as amended and supplemented from time to time, By-Laws (if any) and Registration Statement filed with the Securities and Exchange Commission (the "Commission") under the 1940 Act and the Securities Act of 1933 (the "Securities Act"), including any representations made in the prospectus and statement of additional information relating to the Funds contained therein and as may be amended or supplemented from time to time, all in such manner and to such extent as may from time to time be authorized by the Trust's Board of Trustees (the "Board"). The Board is authorized to issue any unissued shares in any number of additional classes or series. The investment authority granted to the Manager shall include the authority to exercise whatever powers the Trust may possess with respect to any of its assets held by the Funds, including, but not limited to, the power to exercise rights, options, warrants, conversion privileges, redemption privileges, and to tender securities pursuant to a tender offer, and participate in class actions and other legal proceedings on behalf of the Funds. The Trust hereby appoints the Manager, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in the Funds and, without limiting the generality of the foregoing, to provide the other services specified in Section 2 hereof. The Trust hereby appoints the Manger to provide the Fundlevel duties and services as set forth in Section 2(b) hereof, for the compensation and on the terms herein provided, and the Manager hereby accepts such appointment. Each new investment portfolio established in the future by the Trust shall automatically become a "Fund" for all purposes hereunder as if it were listed on Schedule A, absent written notification to the contrary by either the Trust or the Manager.

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents. (B) Each other Finance Party authorises each Agent to exercise the rights, powers, authorities and discretions specifically given to that Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

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