Company Responsibilities. In the case of a piggyback registration of Warrant Shares, the Company shall use its best efforts to keep the Holder advised in writing as to the initiation, effectiveness and completion of such registration. At its expense the Company shall:
(a) prepare and file a registration statement (and such amendments and supplements thereto) with respect to such Registrable Securities and use its best efforts to cause such registration statement to become and remain effective for a period of 180 days or until the Holder or Holders have completed the distribution described in the registration statement relating thereto, whichever first occurs;
(b) furnish such number of copies of a Prospectus in conformity with the requirements of applicable law, and such other documents incident thereto as a Holder from time to time may reasonably request; and
(c) use every reasonable effort to register or qualify the Registrable Securities covered by such registration statement under the state Blue Sky laws of such jurisdictions as the Company's Board of Directors may reasonably determine, and do any and all other acts and things which may be necessary under said Blue Sky laws to enable the sellers of the Registrable Securities to consummate the public sale or other disposition of the Registrable Securities owned by them in such jurisdictions, except that the Company shall not for any purpose be required to qualify to do business as a foreign corporation in any jurisdiction wherein the Registrable Securities are so qualified.
Company Responsibilities. The Company agrees that it shall (i) pay the Warrant Agent the agreed upon remuneration for its services as Warrant Agent hereunder and will reimburse the Warrant Agent upon demand for all expenses, advances, and expenditures that the Warrant Agent may reasonably incur in the execution of its duties hereunder (including reasonable fees and expenses of its counsel); (ii) provide the Warrant Agent, upon request, with sufficient funds to pay any cash due pursuant to Section 3.9 upon exercise of Warrants; and (iii) perform, execute, acknowledge and deliver or cause to be performed, executed, acknowledged and delivered all further and other acts, instruments and assurances as may reasonably be required by the Warrant Agent for the carrying out or performing by the Warrant Agent of the provisions of this Agreement.
Company Responsibilities. The Company will undertake responsibilities as set forth below:
1. Provide reliable and accurate detailed information, materials, documentation and
2. Make decisions and take future actions, as the Company determines in its sole discretion, on any recommendations made by APS in connection with this Agreement. APS’ delivery of the services and the fees charged are dependent on (i) the Company’s timely and effective completion of its responsibilities; and (ii) timely decisions and approvals made by the Company’s management. The Company shall be responsible for any delays, additional costs or other deficiencies caused by not completing its responsibilities.
Company Responsibilities. Company acknowledges that Electronic Recording permits them to prepare, sign and/or transmit in electronic formats documents and business records and the documents or records shall be considered as the “original” record of the transaction in substitution for, and with the same intended effect as, paper documents and, in the case that such documents bear a digital or electronic signature, paper documents bearing handwritten signatures, all to the extent permitted by applicable law. Company shall ensure that only original documents are used to create the electronic documents. Company shall be diligent in ensuring that documents submitted for Electronic Recording have been checked before submission for errors, omissions, scanning defects, illegible areas, and other deficiencies that would affect the Recorder’s ability to record the document and the public notice to be created thereby. By use of electronic or digital certificates to sign documents, Company intends to be bound to those documents for all purposes as fully as if paper versions of the documents had been manually signed. By use of electronic or digital certificates to sign documents, Company intends to be bound by those electronic signatures affixed to any documents and such electronic signature shall have the same legal effect as if that signature was manually affixed to a paper version of the document. By use of digital certificates to seal electronic files containing images of original paper documents or documents bearing manual signatures, Company shall recognize such sealed images for all purposes as fully as the original paper documents and shall be responsible for any failure by Company to comply with quality control procedures for assuring the accuracy and completeness of the electronic files. Should a dispute or legal action arise between the parties hereto or between a third party and County concerning an electronic transaction prior to the recording of any document, the County will be held harmless by Company and not liable for any damages, costs and fees of any kind whatsoever, including but not limited to attorney fees. For purposes of this provision, a document is considered recorded when it has been assigned a document number by the County and notification of recording has been transmitted back to the submitter. The Company and/or its employees attest to the accuracy and completeness of the electronic records and acknowledge responsibility for the content of the documents submitted t...
Company Responsibilities. The Company shall have sole authority to:
(a) determine the number of apprentices by trade, if any, to be admitted into the program;
(b) assign work;
(c) administer discipline. The Company's authority in these areas shall be subject to the Collective Agreement (CA) between the parties, unless otherwise modified by this Apprenticeship Agreement.
Company Responsibilities. 7.2.1 The Company shall be responsible for the design, financing, construction, installation and commissioning of the Interconnection Facilities including the Primary Metering System, Backup Metering System and all auxiliary and interconnecting equipment in accordance with the terms of this Agreement, Prudent Utility Practice and all applicable laws, rules, regulations, standards, codes, orders, directives and ordinances. The design, construction and installation of the Interconnection Facilities shall be subject to the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. The Company shall transfer the interconnection equipment on the JPS side of the Interconnection Point to JPS for ownership, operation and maintenance.
7.2.2 The Company shall be responsible for operating and maintaining (a) the Backup Metering System and (b) all auxiliary and interconnecting equipment on the Company’s side of the Interconnection Point in accordance with the terms of this Agreement, the Operating Procedures and the other Agreement Criteria; provided that JPS shall have overall responsibility for coordinating the switching operations of the Interconnection Facilities and such auxiliary and interconnecting equipment, and the Company shall cooperate with JPS to assure the safe and reliable operation of such facilities and equipment.
7.2.3 Within sixty (60) Days from its receipt of the Interconnection Criteria, the Company shall provide to JPS, for its review and approval, the design and settings of the Interconnection Facilities.
7.2.4 Prior to initial synchronization of the Facility, the Interconnection Facilities shall be tested at the sole cost and expense of the Company, in the presence of JPS as provided in Schedule 4.
7.2.5 After the Commercial Operations Date, the Company shall permit JPS such access to the Facility as JPS shall reasonably require in order to conduct inspection and testing of the Interconnection Facilities on the Company’s side of the Interconnection Point. Notwithstanding, the Company shall permit JPS and/or its contractors and/or agents to have such access to such locations under the Company’s control including the Company’s substation necessary to facilitate access by JPS to the JPS side of the Interconnection Point as JPS and/or its contractors and/or agents shall require solely for the purpose of maintenance and operation of the JPS Interconnection Facilities. .
Company Responsibilities. Company Agrees to:
A. Sell Products to Dealer in accordance with Company’s then-current terms and conditions of sale applicable to domestic Boston Whaler dealers, limited warranties, and the price list published from time to time by Company, less any applicable discounts allowed by Company’s programs applicable to Dealer and consistent with the provisions of Section 5 hereof. Company shall have the right to modify its terms and conditions of sale, limited warranties, price lists and programs from time to time in its sole discretion and in compliance with the terms of this Agreement; provided, however, that Company will provide reasonable prior written notice to Dealer after the beginning of the Model Year of such modifications and that changes in the limited warranty and pricing will apply only to future retail purchases. Company will make available its current policies and programs in electronic format or in a manual or other format Company deems appropriate. Dealer should contact Company for a copy of the policies and programs if it does not have access to or did not receive a copy. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST.
B. Provide to Dealer reasonable quantities of catalogs, specification sheets, and other advertising, merchandising or promotional material to assist Dealer in the sale of Products as Company deems appropriate.
C. Make available to Dealer in electronic format or otherwise reasonable quantities of parts books, warranty claim forms, order forms or procedures, maintenance and service manuals and other materials of a technical nature as Company deems appropriate.
D. Furnish Dealer with written instructions and/or policies for the use of trademarks, trade names, logos and other trade designations of Company that correspond to the Products as Company deems appropriate.
E. Furnish a Limited Warranty for the Products and provide warranty support and process warranty claims in accordance with Company’s warranty policy, which may be modified from time to time by Company in its sole discretion. Company shall notify Dealer of changes to Company’s warranty policy and make available current versions of its warranty policy to Dealer.
F. Promote sales of the Products via the Internet and other...
Company Responsibilities. (a) The Company is responsible for the selection and initial placement of apprentices. The Job Posting process will be used to note vacancies in the apprenticeship program. Preference will be given to members of CUPE LOCAL 7000 who meet the requirements of 27.03 (a) above, subject to demonstrated performance and ability. If no qualified internal candidates exist, outside candidates may be considered.
(b) The Company is responsible for the rotation of apprentices from location to location.
(c) Because the success of the program depends on the orderly progression of apprentices to journeyman status the Company may remove from the program anyone who fails to show satisfactory effort or progress. Apprentices shall receive appropriate counselling/monitoring about the expected standards and requirements prior to any removal from the program.
Company Responsibilities. (a) Subject to the terms and conditions of this Agreement, Company will reasonably cooperate with Jebbit as necessary for Jebbit to perform the Jebbit Services.
(b) Company shall not, directly or indirectly, manipulate, alter, copy, modify or interfere with the operation of the Jebbit Services. Company shall utilize the Jebbit Services solely to implement its own Campaigns and not to operate campaigns or otherwise provide or resell services to any third party. In addition, Company shall promptly notify Jebbit if Company suspects that any third party may be tampering with, abusing or manipulating the Jebbit Services. Further, Company shall not change the appearance of the Jebbit Services to the End User except as permitted by Jebbit on a case-by-case basis.
(c) Company shall be solely and exclusively responsible for Campaigns, the Company Data (as defined below) and the Company’s Website(s). Jebbit shall have no responsibility to review, approve or monitor the Company Data or the Company’s Website(s). Company may utilize the Jebbit Services to establish a Campaign, but Company is solely responsible for ensuring that each Campaign is compliant with all applicable laws and regulations. Company shall not infringe or misappropriate the intellectual property of any third party in connection with its conduct of any Campaigns using the Jebbit Services. Company shall be solely responsible for procuring any Awards necessary for a Campaign and for utilizing the Jebbit Services to provide such Awards to End Users.
Company Responsibilities. (i) Subject to the terms of this Agreement, Company shall use commercially reasonable efforts to make access to the Platform available 24 hours per day and 7 days per week. If access to the Platform is available less than 99% of the time in any calendar month for reasons not constituting an Access Exception, then, following User’s written request, Company will provide User a credit equal to 10% of the Fees due for such month for each percentage point by which such uptime commitment is missed (for example, if access to the Platform was available 98% - 98.9% of the time in a month, the credit would be equal to 10%, and if access to the Platform was available 97% - 97.9% of the time, the credit would be equal to 20%), up to a maximum of the full amount of Fees due for such month. Any credit will be applied to the next month’s Fees due hereunder and, if this Agreement terminates prior to application of the applicable credit, such credit shall be treated as a reimbursement obligation by Company. This Agreement does not entitle User to any support for the Platform.
(ii) Company may update or modify the Platform from time to time at Company’s sole discretion, and may require User to obtain and use the most recent version(s); provided, that if any such update materially decreases the functionality of the Platform, User may, at any time within 30 days of implementation of such updates and as its sole remedy, terminate this Agreement with 15 days prior written notice to Company.
