Contractor’s Covenants Sample Clauses
The Contractor’s Covenants clause sets out the specific promises and obligations that the contractor agrees to fulfill under the contract. Typically, this includes requirements such as performing the work in a professional manner, complying with all applicable laws and regulations, and meeting agreed-upon deadlines and quality standards. By clearly outlining these commitments, the clause ensures that both parties understand the contractor’s responsibilities, thereby reducing the risk of disputes and helping to ensure the successful completion of the project.
Contractor’s Covenants. 13.1 The Contractor will:
(a) observe, abide by and comply with all laws, by-laws, orders, directions, rules and regulations of any competent Government Authority or branch or agency thereof directly or indirectly applicable to the Contractor under this Agreement, or the Services to be performed under this Agreement including but not limited to local municipal bylaws, the Motor Vehicle Act and Regulations, the Workers Compensation Act and the OHS Regulation, the Safety Standards Act and the Electrical Safety Regulation B.C. Reg 100/2004, the Transportation Act, and the Canadian Electrical Code, whether directly or indirectly applicable to the Contractor or this Agreement, including by ensuring that the provision of and performance of the Services, complies with all such laws, by-laws, orders, directions, rules and regulations;
(b) ensure that the representations and warranties set forth in Article 2 are true and correct at all times during the Term and provide evidence to that effect to the Province on the written request of the Province;
(c) maintain its corporate existence and carry on and conduct its business in a proper business-like manner in accordance with good business practice and keep or cause to be kept proper books of account in accordance with generally accepted accounting principles or international financial reporting standards, whichever is applicable to the Contractor, applied on a consistent basis;
(d) not commit any act of bankruptcy, become an insolvent person or otherwise cease to function as a going concern, make an assignment for the benefit of its creditors, adopt any plan in connection with (or otherwise permit) the dissolution, liquidation, winding up, bankruptcy or reorganization of the Contractor, or attempt to avail itself of any applicable law relating to insolvent debtors;
(e) within 15 days of the delivery of a written demand from the Province, provide the Province with such information and documents with respect to the affairs of the Contractor as the Province may reasonably request;
(f) punctually pay as they become due all accounts, expenses, wages, salaries, taxes, levies, rates, fees, contributions and assessments required to be paid by it on any of its undertaking in connection to this Agreement;
(g) observe, perform and comply with each covenant and agreement on its part contained in this Agreement;
(h) provide and maintain all financial management and technical expertise necessary for the Contractor to carry out its ...
Contractor’s Covenants. 5.1 The Contractor covenants:
a. During the term of this Agreement it shall transport students in accordance with this Agreement and policies, procedures and directives for school transportation of the District and the Minister. The Contractor will comply with all aspects of the said District’s and Minister’s policies, procedures and directives including causing Drivers to comply with the said policies and procedures. All applicable District and Minister’s policies, procedures and directives in effect at the Agreement Start Date shall be listed in Schedule C. Any changes, additions or deletions to the District’s or the Minister’s policies, procedures or directives during the term of this Agreement shall be made available by the District to the Contractor;
b. To provide the transportation service to students approved by the District and to carry all such students to and from their respective destinations stated in Schedule A;
c. To operate the transportation service at all times in a satisfactory and efficient manner and in strict accordance with the terms of this Agreement and with the provisions of the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, c. H-3 and Regulations made thereunder including, without limitation of the generality of the foregoing, the Highway Traffic Act regulations referred to in other paragraphs of this Article and the Ambulance, Bus, Taxi and Commercial Motor Vehicles Insurance Regulations;
d. To ensure that all Drivers that transport students for the District are aware of and follow the relevant conditions of this Agreement;
e. To provide only such Drivers who are approved by the District in accordance with the requirements of this Agreement and who, as determined by the District, are of good character, capable, sober and reliable in every respect and each of whom holds a valid appropriate class of driver’s licence issued under the Highway Traffic Act and which has not expired or been suspended or cancelled;
f. To remove immediately any Driver who, while operating a bus as part of the transportation service, is found to be under the influence of alcohol or drugs or is accused or guilty of any inappropriate conduct, or uses obscene, offensive or inappropriate language, all as determined by the District;
g. To inform the appropriate school Administrator and the District immediately in the event of vehicle breakdown or an unforeseen delay, which will cause the students to arrive at their respective schools or homes at a time more than 10 minutes lat...
Contractor’s Covenants. The Contractor agrees that it shall in carrying out its obligations hereunder:
a) be bound by and observe all applicable federal, provincial and municipal legislation, which, without limiting the generality of the foregoing, shall include the provisions of the Environmental Protection and Enhancement Act, R.S.A. 1980, C. E-13-3, as amended from time to time, and the Contractor shall cause all of its employees and approved subcontractors to be so bound;
b) Comply with the Province of Alberta Occupational Health and Safety Act, Occupational Health and Safety Code and also with the Strathcona County Occupational Health and Safety Manual (August 2003).
c) Inspect their personal protective equipment to ensure that it meets the requirements of Alberta Labour Occupational Health and Safety regulations and the applicable CSA before using it. Safety vest must be worn if the operator is out the vehicle.
d) Enter and exit the facility from Highway 16 (Yellowhead) and Secondary Highway 824 (Ardrossan overpass) and existing service road. Drivers found using other routes will have their passes revoked.
e) Always have trucks positioned on the terrain as level as possible for loading and unloading
f) at all times ensure that all vehicles used for snow hauling and disposal are in good working order.
g) be aware of any potential worksite hazards and report to the appropriate personnel at 780- 417-7100
h) where the view is obstructed, have a competent signal person direct the truck in back-up procedures.
i) have an audible back up signal if the vehicle is greater than a one-ton.
j) ensure that the vehicles and employees who enter upon the Strathcona County Snow Melt Facility shall not do damage to the land or appurtenances, reasonable wear and tear excepted;
k) provide, upon the Municipality’s request, a list of employees who will operate the snow disposal vehicles, as well as a list of the snow disposal vehicles indicating the license plates for each vehicle. Each vehicle will carry a Snow Storage Pass that must be placed on the dash of the passenger side of the vehicle. Failure to produce this pass will result in a fine issued by Strathcona County Constable & Bylaw Services. The Snow Disposal site will be monitored 24 hours a day.
l) maintain, and upon the Municipality’s request provide the Municipality a copy of an insurance policy covering the Contractor for comprehensive general liability, with a limit of $2,000,000.00 per occurrence;
m) refrain from depositing into the...
Contractor’s Covenants. Each of Leighton, China/HK and China/Macau jointly and severally represents, warrants and covenants to Owner that:
(a) all equipment and materials incorporated in the Project shall be free and clear of all liens and shall be new;
(b) the design and engineering of the Project shall be performed in accordance with the Contract Documents and the best practices, methods and standards followed by contractors constructing “five-star” first class Las Vegas-style luxury resorts and casinos, i.e., employing the highest standards with respect to the design, construction, operation and maintenance of facilities and equipment of the type to be incorporated into the Work, and which practices, methods and standards shall conform to the recommendations of the equipment suppliers and manufacturers;
(c) the Work will be performed in accordance with the Contract Documents and the best practices, methods and standards followed by contractors constructing “five-star” first class Las Vegas-style luxury resorts and casinos, i.e., employing the highest standards with respect to the design, construction, operation and maintenance of facilities and equipment of the type to be incorporated into the Work, and in a good and workmanlike manner and it shall be free from defects;
(d) the Project shall be designed and constructed to conform and perform to the specifications, drawings, and other descriptions contained in the Contract Documents, including, but not limited to, the Guaranteed Maximum Price Premises and Assumptions;
(e) the Project shall be designed and constructed to comply with all applicable Laws;
(f) installation of any and all material, supplies and equipment shall be in strict accordance with manufacturers’ requirements; and
(g) it has not, and shall not in the future, and to the best of the knowledge of Contractor, the Subcontractors and Vendors have not, and Contractor shall procure that each Subcontractor and Vendor will not, take any action, directly or indirectly, in connection with the preparation, negotiation, submission, procurement, execution or performance of any agreement, instrument or other document in any way relating to the Project or the Work that would constitute a violation of any laws of Macau or the United States of America (including the United States Foreign Corrupt Practices Act of 1977, as amended) regarding business practices, bribery or corruption. Contractor shall indemnify, protect, defend and hold Owner and the Owner Indemnitees harmless fro...
Contractor’s Covenants. The Contractor covenants and agrees: that the Services will be provided by the Contractor and not be subcontracted, unless the Institute otherwise agrees in writing; to devote the necessary time, attention, abilities and expertise to properly perform the Contractor’s obligations under this Agreement; to perform the Services and all other obligations hereunder in a professional manner and to the reasonable satisfaction of the Institute; to comply with all relevant Institute policies, and all reasonable directions and requests of the Institute from time to time (recognizing that the Contractor is not subject to the control of the Institute as to the manner of compliance with such directions and requests); to be familiar with and comply with copyright law and related policies and guidelines of the Institute; and to obtain (if eligible) and maintain WorkSafe BC coverage for the Contractor and all workers, employees, contractors and others with respect to the provision of the Services, and to indemnify and hold harmless the Institute from and against all liabilities and claims whatsoever, including fines, penalties and interest thereon, for or by reason of or in any way arising out of the Contractor’s failure to obtain and maintain WorkSafe BC coverage or related in any way to any assessments levied against the Institute arising out of or with respect to the performance of the Services.
Contractor’s Covenants. Contractor agrees: (i) to give Bank prompt written notice at Bank's address as set forth above of any defaults by Owner under the Contract and to give Bank, at the sole option of Bank, the right (but not the obligation) to cure any defaults by Owner under the Contract for a period of thirty (30) days after receipt by Bank of notice of such default; (ii) not to assign its rights and obligations under the Contract without the prior written consent of Bank; (iii) to pay and discharge all liens or claims for labor and materials furnished in connection with the construction of the Project pursuant to the Contract; (iv) to fully complete the Project in a good and workmanlike manner on or before the completion date specified in the Contract, subject to any permitted delays as set forth in the Contract; (v) that in the event any of the Loan proceeds are disbursed under the Loan Agreement directly to Contractor, Contractor will receive such advances as a trust fund for the work to be performed under the Contract and Contractor will apply such sums first to such payment before using any part of such advances for any other purpose; (vi) that Bank shall have no liability to Contractor either under the Contract, this Agreement, or otherwise, for any act or omission occurring prior to such time as Bank elects in writing to assume the future obligations of Owner under the Contract; and (vii) to furnish to Bank, upon request, complete, current and correct lists of all subcontractors and material suppliers of the Project. Contractor further covenants and agrees that the Project will be completed in accordance with the plans and specifications for the Project approved by Bank ("Plans and Specifications"), the list of which is attached to the Contract, and that in addition to all affidavits, partial releases and other documents and papers required to be furnished by Contractor under the Contract and the Florida Mechanics' Lien Law, Contractor, at the time of final payment, will furnish a full and complete release of lien of Contractor and of every person who performed work, labor or services or supplied materials covered by the Contract to the Property. Requisitions for draws will be submitted on an AIA form as designated by the Contract, accompanied by such certifications and other evidence of payment of obligations as Bank may require. Contractor will not stop work under the Contract for any reason without giving Bank at least seven (7) days prior written notice. Contracto...
Contractor’s Covenants. From the date hereof, until the Contractor has performed all of its obligations under this Agreement, the Contractor covenants and agrees that it will:
(a) Promptly furnish to the City such other information regarding the operations, business affairs and financial condition of the Contractor as the City may reasonably request from time to time and permit the City, its employees, attorneys and agents, to inspect all of the books, records and properties of the Contractor at any reasonable time; and
(b) Pay promptly and within the time that they can be paid, without interest or penalty, all taxes, assessments and similar imposts and charges of every kind and nature lawfully levied, assessed or imposed upon the Contractor and/or its properties, except to the extent being contested in good faith.
Contractor’s Covenants. Contractor hereby covenants and agrees with Companies that it shall comply with the following covenants:
Contractor’s Covenants. 3.01 The Contractor shall provide the Services required under this Agreement as an independent contractor and shall not be deemed to be an employee of the Company for any purpose. The Contractor shall have no authority to make representations or warranties or contracts on behalf of the Company or to incur any obligations on the part of the Company. The Contractor shall assume all costs, risks and obligations associated with the provision of the Services under this Agreement and shall indemnify and save harmless the Company from all claims, costs, damages, and expenses arising from any act or omission on the part of the Contractor. In providing the Services as an independent contractor pursuant to the terms of this Agreement, the Contractor shall have full discretion as to the manner of providing the Services and shall render such Services in accordance with the highest professional standards.
3.02 The Contractor shall maintain records, as required and specified by the Company, including, without limitation, invoices and records of Services provided, such invoices and records to be submitted by the Contractor to the Company upon the Company's reasonable request. The Contractor further agrees that all such records and reports shall be and remain the property of the Company.
3.03 The Contractor shall be responsible for all expenses incurred by the Contractor, related directly or indirectly to the performance of Services pursuant to this Agreement.
3.04 The Contractor represents and warrants that he is an independent contractor and not an employee of the Company. The Contractor acknowledges and agrees that in entering into this Agreement, the Company is relying upon the truth and accuracy of those representations and warranties.
3.05 The Contractor shall be responsible for maintaining any necessary registrations and submitting any required payments in respect of all applicable statutory authorities, including without limitation, employment insurance, workers' compensation, Canada Pension Plan, and Provincial and Federal taxes, including G.S.T. Further, the Contractor shall indemnify and save harmless the Company in the event that any taxes, penalties, interest, employment insurance, workers' compensation, or Canada Pension Plan contributions are payable or repayable by the Company as a result of the Contractor being found to be an employee of the Company, or in the event that any monies are found to be payable to the Contractor as a result of the Contractor be...
Contractor’s Covenants. CITY Option to Terminate 13 ARTICLE 5. Term and Scope of Franchise 13 ARTICLE 6. Service Standards 16 ARTICLE 7. SFD Collection Services 27 ARTICLE 8. MFD Collection Services 30 ARTICLE 9. Commercial Collection Services 38 ARTICLE 10. CITY Collection Services 40 ARTICLE 11. Construction and Demolition Debris Services 42 ARTICLE 12. Billing and Payment 43 ARTICLE 13. Diversion Requirements 48 ARTICLE 14. Collection Routes 49 ARTICLE 15. Collection Equipment 50 ARTICLE 16. CONTRACTOR'S Personnel 53 ARTICLE 17. Other Services 54 ARTICLE 18. Public Education Programs 57 ARTICLE 19. CONTRACTOR’S Office 59 ARTICLE 20. Service Inquiries and Complaints 61 ARTICLE 21. Modifications to the Agreement 61 ARTICLE 22. Recordkeeping, Inspections, and Reporting 63 ARTICLE 23. Quality of Performance of Contractor 68 ARTICLE 24. Compliance with Laws and Permits 73 ARTICLE 25. Independent Contractor 74 ARTICLE 26. Default of Agreement 74 ARTICLE 27. Indemnity, Insurance, Use Of Performance Bond 77 ARTICLE 28. Assignment 82