Concerning Certificates Sample Clauses
Concerning Certificates. All certificates required hereunder to be delivered by the Borrower, any Guarantor or any Subsidiary and that are required to be executed or certified by the Chief Financial Officer or any other authorized officer of the Borrower, any Guarantor or any Subsidiary shall be executed or certified by such officer in such capacity solely on behalf of the entity for whom he is acting, and not in any individual capacity; provided that nothing in the foregoing shall be deemed as a limitation on liability of any officer for any acts of willful misconduct, fraud, intentional misrepresentation or dishonesty in connection with such execution or certification.
Concerning Certificates. All certificates, statements and other declarations required hereunder or under any other Loan Document to be executed or made by a Responsible Officer shall be executed or made by such Responsible Officer solely on behalf of the Borrower or any other Loan Party, in his or her capacity as a Responsible Officer and not in any individual capacity.
Concerning Certificates. 16.1 No certificate issued pursuant to this Agreement shall of itself be conclusive evidence that any works, materials goods or design carried out by the Trade Contractor to which it relates are in accordance with the Contract.
16.2 Not later than ten days after the date on which a payment is due, Housing acting reasonably, may give notice (either verbally or in writing) to the Trade Contractor stating the amount that Housing propose to pay and the basis on which that amount is calculated. Where no such notice is given the amount to be paid is that stated in the Order or otherwise is due for payment.
16.3 Where Housing intend to withhold payment of any amount, written notice must be given to the Trade Contractor not later than ten days after the date that payment is due. The notice shall state the amount withheld and the grounds for withholding payment.
16.4 The Trade Contractor shall not be entitled to suspend performance of the Trade Contract Works in respect of any decision by Housing to withhold payment of any amount, under this Clause 16 unless the Trade Contractor shall have first given notice that it disputes the reason upon which Housing seek to exercise its right to withhold payment and requesting Housing to meet with the Trade Contractor to discuss the matter by way of the Dispute Resolution process set out in this Agreement.
16.5 If such negotiation shall fail to resolve the matter, the Trade Contractor may then give not less than 14 days notice of its intention to suspend performance.
16.6 The right of the Trade Contractor to suspend performance shall cease when
(a) Housing makes payment of the amount due
(b) the dispute is resolved by means of the Alternative Dispute Resolution process, or
(c) this Agreement is terminated pursuant to any provision contained within it to terminate it.
16.7 The Trade Contractor shall not be entitled to any compensation under this Agreement or otherwise arising out of any suspension of the Trade Contract Works.
16.8 Payment by Housing to the Trade Contractor shall be without prejudice to any claims or rights that Housing may have against the Trade Contractor and neither payment nor a certificate by the Designated Officer shall constitute any admission by Housing as to the performance by the Trade Contractor of its obligations under this Agreement.
16.9 If either party fails to pay any amount payable under this Agreement, the other party shall be entitled (but not obliged) to charge interest on the overdue amount,...
Concerning Certificates. All certificates required hereunder to be delivered by a Loan Party or its Subsidiaries and that are required to be executed or certified by the chief financial officer or any other Responsible Officer shall be executed or certified by such officer in such capacity solely on behalf of the entity for whom he is acting, and not in any individual capacity; provided that nothing in the foregoing shall be deemed as a limitation on liability of any officer for any acts of willful misconduct, fraud, intentional misrepresentation or dishonesty in connection with such execution or certification.
Concerning Certificates. 168 Section 9.23 Acknowledgement Regarding Any Supported QFCs................................. 168
