Contracts with Third Parties. ATCLLC acknowledges that Utility Contractor may have entered into contracts with third parties for the maintenance or operation of the Transmission Facilities. ATCLLC further acknowledges that Utility Contractor may wish in the future to enter into contracts with third parties to perform some of the Services. All such third-party contracts shall be subject to the following provisions.
Contracts with Third Parties. (a) Unless otherwise decided by the Management Committee, all contracts or other arrangements with Third Parties entered into by the Manager for Corrs Xxxxxxxx Westgarth the purposes of or in the course of Operations will be entered into by the Manager as agent for the Participants with the result that:
(i) wherever possible, using the Manager’s reasonable endeavours, the Participants will be severally liable under such contracts and arrangements as principals in proportion to their respective Interests, and not jointly or jointly and severally liable; and
(ii) in the event of any breach or default on the part of the Third Party under such contracts and arrangements, proceedings may be brought against such Third Party to recover each Participant’s loss.
(b) Where, despite the Manager’s reasonable endeavours under clause 6.10(a)(i), the Participants are or become jointly or jointly and severally liable under a contract or other arrangement with a Third Party, the Participants agree that as between themselves, all liabilities under or in respect of any such contract will be borne by the Participants in proportion to their respective Interests, notwithstanding the terms of the contract.
(c) The Manager must not enter into any contract, where:
(i) it does not have sufficient approval to commit to the Operating Costs or Capital Cost in accordance with clauses 8.8 or 8.9;
(ii) the expected expenditure would be worth greater than $2,500,000 (annualised if applicable) unless the contract has first been submitted to the Management Committee and approved by an Ordinary Resolution; or
(iii) there is a multi-year expenditure commitment (whether by reason of minimum expenditure, take or pay, termination fees or inability to terminate the contract without a claim for damages) of at least $7,000,000 (annualised), unless the contract has first been submitted to the Management Committee and approved by a Supermajority Decision.
(d) The Manager must not enter into any contract requiring a Special Majority Decision unless the contract has first been submitted to the Management Committee and approved by Special Majority Decision.
(e) The Manager must, upon a request by any Participant, disclose to the Participants details and, if requested, copies of all contracts or other arrangements with third parties entered into by the Manager for the purposes of or in the course of Operations.
Contracts with Third Parties. Upon mutual agreement of Operator and Owner, Owner shall assign and transfer to Operator those contracts with third parties relating to the operation of each Generation Facility. Prior to assignment and transfer of such contracts, Operator may request Owner to appoint Operator as agent for administration of any such contracts. After receipt of any such assignment, transfer or authorization to administer, Operator shall have the exclusive responsibility for the administration and enforcement thereof in accordance with the terms thereof.
Contracts with Third Parties. 6.1 All contracts, conventions or agreements entered by the Concessionaire with its partners, third parties and personnel, except accession contracts with contracting clauses approved administratively and the contracts to be subscribed with the Allowed Creditors, must include clauses that contemplate the following:
a) Automatic resolution on question of law for Concession termination.
b) Limit its validity period so that it does not exceed the Concession term in any case.
c) The waiver to file civil liability actions against the Grantor and its officials.
d) A clause allowing the Grantor, at its sole option, to assume the Concessionaire’s contractual position in said contract, through an irrevocably authorized contractual position transfer and done in advance by the corresponding legal person, in case of Concession resolution or suspension for any reason, allowing the continuation and hence, the exploitation, of such contracts in the same terms. The Concessionaire shall submit to the Grantor and to OSINERGMIN, within ten (10) calendar days after its conclusion and / or amendment, as appropriate, a copy of the contracts deemed indispensable for Project execution and Service provision. Likewise, it must send a detailed and complete list of all the signed contracts linked to Project execution and Service provision, which will be sent within the first fifteen (15) calendar days of the respective year. In no case shall the Concessionaire be exempted from liability to the Grantor, for actions or omissions arising from execution of contracts signed with third parties, which may have an impact on the Concession.
6.2 In its labor relations, the Concessionaire must conform to the labor laws and regulations in force in the State of the Republic of Peru. The Concessionaire’s national or foreign personnel employment contracts, the execution of said contracts and the resolution thereof, are subject to the norms that regulate private activity workers’ labor relations. Likewise, the special work regimes will apply if such cases arise. The Concessionaire must strictly comply with the Applicable Laws and Provisions in labor matters regarding the employer’s formal obligations (payroll books, payment slips, among others), payment and withholding of pension amounts, as well as contractual and legal obligations regarding occupational safety and health. The Concessionaire must comply in particular with the provisions of Law 29783, Occupational Safety and Health Act, its regulati...
Contracts with Third Parties. Buyer and its affiliates have no contract, agreement or understanding with any third party concerning a potential sale of the Acquired Assets or the Business, or any portion of either, following the Closing.
Contracts with Third Parties. (a) Co-Manager shall directly supervise and be responsible for all contractors and consultants hired by Co-Manager for the Premises. Excluding service agreements referenced in an annual budget approved by Owner, all of such contractors shall be subject to Owner’s prior written approval. Co-Manager shall assure that any contractor or consultant performing work on the Premises maintains insurance satisfactory to Owner, including, but not limited to, Workers’ Compensation Insurance (and, when required by law, compulsory Non-Occupational Disability Insurance) and insurance against liability for injury to persons and property arising out of all such contractor’s operations naming Co-Manager, Owner and Owner’s Representative as additional insureds. Co-Manager shall obtain certificates of insurance for all such insurance before the work begins. Co-Manager shall furnish copies of the certificates to Owner if requested by Owner.
Contracts with Third Parties. 6.1 All contracts or agreements that the CONCESSIONAIRE enters into with its partners and with third parties in direction relation to the construction, operation, and maintenance works and the provision of the Service, with the exception of (i) contracts by adhesion with administratively approved contracting clauses; and (ii) the contracts to be entered into with the Permitted Creditors, shall include clauses establishing the following:
a) The GRANTOR is not responsible for the credits or rights derived from contracts between the CONCESSIONAIRE and third parties.
b) Limitations on the duration thereof, so that it does not exceed the validity or term of the Contract, under any circumstances.
c) The waiver by the third party of the right to file suits for civil liability against the GRANTOR and its officers, representatives, and any type of personnel tied thereto.
d) Clause permitting the GRANTOR, at its exclusive decision, to assume the position of the CONCESSIONAIRE in said contracts, through the assignment of contractual position authorized irrevocably in advance by the corresponding legal entity, in case of the termination of the contract for any reason, making it possible to continue with such contracts under the same terms, or the renegotiation thereof, if applicable, and thus, the performance of the Project or the provision of the Service. In those contracts and agreements that the CONCESSIONAIRE enters into with third parties and with the Permitted Creditors, it shall be established that the GRANTOR is not liable for the credits or rights derived from contracts entered into by and between the CONCESSIONAIRE and third parties. Said contracts are not enforceable on the State. As such, none of the contracts or agreements of the CONCESSIONAIRE shall, in any way, limit its compliance with its obligations assumed herein, and any cost or excess cost shall be the full responsibility of the CONCESSIONAIRE. The CONCESSIONAIRE shall send the GRANTOR, with a copy to the OSINERGMIN, within ten (10) calendar days after entering into and/or amending them, as applicable, a copy of the contracts it deems indispensable for the performance of the Project and the provision of the Service (construction, operation, and maintenance contracts or the like). Likewise, it shall submit a detailed and complete list of all contracts entered into and currently in force regarding the performance of the Project and the provision of the Service, to be submitted within the first fifte...
Contracts with Third Parties. 6.1. In all contracts or agreements that the Concessionaire enters into with its partners and with third parties in direction relation to the construction, operation, and maintenance works and the provision of the Service, with the exception of (i) Contracts by adhesion with administratively approved contracting clauses; and (ii) the Contracts to be entered into with the Permitted Creditors, shall include Clauses establishing the following:
a) The Grantor is not responsible for the credits or rights derived from contracts between the Concessionaire and third parties.
b) Limitations on the duration thereof, so that it does not exceed the validity or term of the Contract, under any circumstances.
c) The waiver of the right to file suits for civil liability against the Grantor and its officers, representatives, and any type of personnel tied thereto.
d) Xxxxxx permitting the Grantor, at its exclusive decision, to assume the position of the Concessionaire in said Contract, through the assignment of contractual position authorized irrevocably in advance by the corresponding legal entity, in case of the termination of the Concession for any reason, making it possible to continue with such Contracts under the same terms, and thus, the performance of the Project or the provision of the Service. In those contracts and agreements that the Concessionaire enters into with third parties and with the Permitted Creditors, it shall be established that the Grantor is not liable for the credits or rights derived from said Contracts entered into by and between the Concessionaire and third parties. The Concessionaire shall send the Grantor, with a copy to the OSINERGMIN, within ten
Contracts with Third Parties. Contracts with Third Parties must include the following provisions: • All Third Parties (individuals or employees of Third Party businesses) must adhere to all American Express Security Policies and Standards; • Physical access granted to Third Parties must be defined and limited on a need-to-perform, job function basis; and • Third Parties must sign Non-disclosure Agreements as a condition of the contract.
Contracts with Third Parties. The School may contract with any third party, including contracts related to any grants and education service providers (ESPs), not otherwise prohibited by state or federal law without prior approval or notice to the District.
2.8.1. The District shall, within one business day, provide all requested signatures and, when necessary, all requested supporting documentation in order to permit the School to apply for any state, federal, or charitable grant of the School's election.
