Engagement of Contractors. The Concessionaire shall engage the Management Contractor and execute the Management Contract, thereby entrusting the Management Contractor with the responsibilities of operating and managing the Project Facilities and Services in the manner envisaged under the Request for Proposal.32 A copy of the Management Contract shall be provided to the Concessioning Authority and the same shall not be amended, substituted or revoked 32 This may be added in cases where the project has been awarded on the strength of the management contractor. without the prior written consent of the Concessioning Authority. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for designing, engineering, procurement and construction of civil/mechanical/electrical engineering structures/equipment, and/or operation and maintenance of the Project Facilities and Services. Provided:
(i) the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for non performance or for any defect, deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement;
(ii) the Concessionaire should have obtained requisite security clearance for the Contractor the Concessionaire intends to engage;
(iii) the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and
(iv) any contract that it enters with an Affiliate in respect of the Project shall be on an arms length basis.
Engagement of Contractors. (a) Exhibit I-1 will set forth the following lists (in a format reasonably acceptable to Holdings): (i) Vendors (excluding Off-shore Vendors) that the Seller engages to perform under this Addendum and to which the Seller has assigned a tier 1 or tier 2 risk tier rating, a summary of the related activities performed by each such Vendor and the applicable risk tier the Seller has assigned such Vendor, (ii) Off-shore Vendors that the Seller engages to perform under this Addendum to which the Seller has assigned a tier 1 or tier 2 risk tier rating, a summary of the related activities performed by each such Off-shore Vendor and the applicable risk tier the Seller has assigned such Off-shore Vendor, and (iii) Default Firms engaged by the Seller for foreclosures and bankruptcies only (collectively, the “Critical Vendors”), in each case, to the extent such Critical Vendor is performing any activity relevant to any Mortgage Loan. All Default Firms shall be deemed to have a tier 1 risk tier rating for purposes of this Addendum.
(b) From time to time, the Seller may engage other Vendors in addition to those appearing on Exhibit I-1 to provide services to the Seller that are related to the Mortgage Loans. The Seller shall not engage any Vendors or Default Firms to provide services with respect to any Mortgage Loan if such Vendor or Default Firm is on any of the (i) Xxxxxxx Mac Exclusionary List, (ii) Specifically Designated Nationals and Blocked Persons List published by OFAC, (iii) Suspended Counterparty Program list published by FHFA or (iv) Seller’s internal exclusionary list, and shall promptly (x) notify Holdings if any such Vendor or Default Firm becomes subject to any such exclusionary list, and (y) replace any such Vendor or Default Firm. In the event any such additional Critical Vendor is identified by Holdings as having been deficient in the reasonable judgment of Holdings, Holdings shall notify the Seller with its concerns of such Critical Vendor. The Seller shall notify Holdings of additional Critical Vendors at the timing set forth in Exhibit E-1. The Seller shall promptly respond to Holdings and the parties hereto shall cooperate in good faith to resolve Holdings’ concerns and/or findings relating to Critical Vendors, including but not limited to determining if such deficiencies can be corrected or to replace Critical Vendors, as applicable, with another Vendor or Default Firm, as applicable, mutually acceptable to the parties and in accordance with Appl...
Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capabilityof designing, engineering, procurement and construction of civil/ mechanical/electrical engineering structures/equipment, and /or operation and maintenance of the Project Facilities and Services. Provided:
i. the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any ProjectContracts or any other agreement, and no default under any Project Contract or agreementshall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for nonperformance or for any defect,deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement;
ii. The Concessioning Authority shall on request by the Concessionaire, assist in obtaining, if required, security clearance for the Contractor the Concessionaire intends to engage
iii. the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and
iv. any contract that it enters with an Affiliate in respect of the Project shall be on an arm’s lengthbasis.
Engagement of Contractors. The SPV may engage any Person possessing the requisite skill, expertise and capability for operation and maintenance of the Project Facilities and Services. Provided: the SPV shall at all times be solely responsible for all its obligations under the Agreement notwithstanding any such engagement and anything contained in any Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the SPV from its obligations or liability hereunder and the SPV shall at all times be solely responsible for non-performance or for any defect, deficiency or delay in installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of the Agreement;
Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for operation and maintenance of the Project Facilities and Services. Provided:
i. the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for non-performance or for any defect, deficiency or delay in installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement;
ii. the Concessionaire should have obtained requisite security clearance if required for the Contractor the Concessionaire intends to engage;
iii. the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and
iv. any contract that it enters with an Affiliate in respect of the Project shall be on an arms length basis.
Engagement of Contractors. A Party shall not have its rights or licenses under this Addendum exercised by any third party, except a Party may engage a third-party contractor (“Contractor”) to exercise such Party’s rights under Section 2 on behalf, and solely for the benefit, of such Party, and the Contractor agrees in writing: (i) that the exercise of such rights (including any access to or use of the other Party’s Personal Information) must be for the sole benefit of the Party that engages it, and (ii) to confidentiality and non-disclosure requirements, including, without limitation, restrictions on disclosure and use of, and requirements relating to the safeguarding of, the other Party’s Personal Information, no less strict than those set forth in this Addendum and those required by all applicable Laws, as well as by the engaging Party for its own comparable confidential and proprietary information (a Contractor that satisfies the foregoing requirements, an “Authorized Contractor”).
Engagement of Contractors. Parties to this Agreement acknowledge the right of management to engage contractors at its sole discretion to maximise the efficient operation of the mine.
Engagement of Contractors. The Buyer may engage a Contractor to undertake any part of the haulage of Timber provided that:
(a) the Contractor or any officer, employee or agent of such Contractor has not previously had a contract with VicForests suspended or terminated;
(b) its arrangements with the Contractor include the relevant requirements of this clause 11;
(c) the Buyer will remain liable for:
(i) the performance of its obligations under the Agreement; and
(ii) all acts and omissions (including breaches) of the Contractor as though they were the actions of the Buyer itself; and
(d) VicForests shall be entitled to treat each Contractor as an authorised representative of the Buyer for the purposes of this Agreement.
Engagement of Contractors. Operating Partnership acknowledges that, subject to its prior written approval, Property Manager may elect to engage, at Property Manager’s sole cost and expense, one or more contractors to perform certain obligations of Property Manager under this Agreement. To the extent that Property Manager so engages such contractors, Property Manager undertakes to formally contract with, and properly oversee the services and fully enforce the obligations of such contractors. All contractors shall be required to look solely to Property Manager for payment of any fees for services performed, and Operating Partnership shall have no obligation for any such fees or other obligations for such contractors. Any such engagement of contractors shall be at Property Manager’s sole risk and expense, and all actions of such contractors shall be deemed actions of Property Manager for purposes of this Agreement. Property Manager shall not be released from any of its obligations or liabilities under this Agreement by virtue of the engagement by Property Manager of such contractors.
Engagement of Contractors. The Concessionaire shall engage the Management Contractor and execute the Management Contract, thereby entrusting the Management Contractor with the responsibilities of operating and managing the Project Facilities and Services in the manner envisaged under the Request for Proposal. A copy of the Management Contract shall be provided to the Concessioning Authority and the same shall not be amended, substituted or revoked without prior written consent of the Concessioning Authority. The Concessionaire may engage any Person possessing requisite skill, expertise and capability of designing, engineering, procurement and construction of civil/ mechanical/electrical engineering structures/equipment, and/or operation and maintenance of Project Facilities and Services. Provided that:
