Clause 6. Contract agreement The contractor shall, when called upon so to do by the Engineer-in-charge enter into and execute a contract agreement in the form annexed. Performance security In every case where performance security has been provided, as specified in item (h) of Memorandum of Work, contractor shall furnish/maintain the performance security for the extended period of completion under Clause 37 of the Agreement. All compensations or the sums of money payable by the contractor under the terms of this contract may be deducted from or paid by the sale of sufficient part of his performance security, and in the event of his performance security reduced by reason of any such deduction or sale as aforesaid the contractor shall within ten days thereafter make good in cash or other securities as aforesaid any sum or sums which may have been deducted from, or raised by sale of performance security or any part thereof. The performance security deposit / additional performance security deposit lodged by a contractor (in cash or/other form) shall be refunded to him after the expiry of three months after the issue of the certificate of completion of the work under Clause 40 hereof by the Engineer-in-charge or along with the final bill if it is prepared after that period on account of some unavoidable circumstances.
Clause 6. 1. shall not prohibit the use or disclosure of information: which is in or comes into the public domain without breach of this agreement by the recipient thereof (“the Recipient”); which is lawfully acquired by the Recipient from any third party who did not directly or indirectly acquire the same from the party to this agreement disclosing the same (“the Discloser”) subject to any obligations of confidentiality; which is not of a confidential or trade secret nature; if and to the extent required by any law or regulatory rule, provided that unless not practicable/ permissible in the circumstances the Recipient shall give the Discloser notice of any such proposed disclosure before the same is made.
Clause 6. 0 - Employer's agents Delegated authority The authority of the principal agent to issue contract instructions [17.1] and perform duties for specific aspects of the works is delegated to agents as follows [6.
Clause 6. 1.1 shall not exclude or restrict:
(i) REA, REA Listco or any of their respective Subsidiaries from holding, directly or indirectly, less than 5 per cent. of the issued shares or debentures of any company listed on any stock exchange and provided that REA, REA Listco and their respective Subsidiaries do not have a board seat or any governance rights in relation to such company;
(ii) REA, REA Listco or any of their respective Subsidiaries from holding passive financial investments or instruments that only provide economic exposure to any of the Restricted Territories (including any real estate business activities);
(iii) REA, REA Listco or any of their respective Subsidiaries from, directly or indirectly, possessing an interest in or being engaged in a business that is targeted outside of the Restricted Territories, but whose prospective or existing customers may access the business’ services from inside any of the Restricted Territories;
(iv) REA’s, REA Listco’s or any of their respective Subsidiaries’ operations outside of the Restricted Territories; or
(v) REA, REA Listco and each of their respective Subsidiaries, acquiring all or any portion of any business or entity (an “Acquired Entity”), whether through the acquisition of shares or assets or through merger, joint venture or other structure, that includes or operates any REA Restricted Business, provided that:
(a) such REA Restricted Business constitutes less than 10 per cent. of the revenue of the Acquired Entity at and following the acquisition; or
(b) in the event such REA Restricted Business constitutes 10 per cent. or more of the revenue of the Acquired Entity, either at the time of the acquisition or at such later date (due to growth of the REA Restricted Business or a decline in revenue of other aspects of the Acquired Entity’s business), the relevant purchaser has, within the Restricted Business Divestment Period, completed a Restricted Business Divestment.
Clause 6. 10.1(a) above shall not oblige the Lender to do anything which would or might in its reasonable opinion constitute a breach of:
(a) any law or regulation;
(b) any policy of the Lender;
(c) any fiduciary duty; or
(d) any duty of confidentiality.
Clause 6. 1 shall not apply if and to the extent that the Party using or disclosing Confidential Information or making such announcement can demonstrate that:
(a) such disclosure or announcement is required by law or by any stock exchange or any supervisory, regulatory, governmental or anti-trust body (including, for the avoidance of doubt, any tax authority) having applicable jurisdiction; or
(b) the Confidential Information concerned has come into the public domain other than through its fault (or that of its Representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this clause 6.3.
Clause 6. 4 applies where the rights of the Administrative Agent under Clause 6.2 are so extensive in relation to a body corporate which has issued Affected Securities (the “Issuer”) that:
6.3.1 the Administrative Agent (or its nominee) holds a majority of the voting rights of the Issuer; or
6.3.2 the Administrative Agent (or its nominee) is a member of the Issuer and has the right to appoint or remove a majority of its board of directors; or
6.3.3 the Administrative Agent (or its nominee) is a member of the Issuer and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights of the Issuer.
Clause 6. 10 of the FAD shall not apply in this Agreement and shall be replaced by the following new clause which shall apply to this Agreement:
Clause 6. 12.1 shall not apply to disclosure of any matter or information:
