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 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. 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.
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 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 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. 20.1. The Company may need to engage contractors to supplement the available skills and resources within the organisation.
20.2. The parties will continue to review the use of contractors with the objective being to ensure that Cascade Maintenance Employees are gainfully employed in accordance with their skills and expertise.
20.3. The parties will continue to review the performance of contractors on site to ensure the standard of work is acceptable and that it contributes to achieving high levels of plant efficiency and performance.
20.4. This clause is not intended to restrict the engagement of contractors.
Engagement of Contractors. 24.1. Before the employer engages contractors or labour hire companies to do work covered by this Agreement the employer must consult with the Union. For the purpose of the consultation the employer must inform the Union of:
(a) the name of the proposed contractor(s) or labour hire company or companies;
(b) the type of work proposed to be given to the contractor(s) or labour hire company or companies;
(c) the number of persons and qualifications of the persons the proposed contractor(s) or labour hire company or companies may engage; and
(d) the likely duration.
24.2. The employer must consult with the Union over issues such as: (a). safety;
Engagement of Contractors. 45.1 The parties recognise that Thales may be required to engage contractors and labour hire personnel to provide specialised expertise otherwise unavailable from within or to alleviate shortfalls in the Thales permanent labour force.
45.2 Thales shall only use contractors and labour hire companies and employees of contractors/labour hire companies in the areas listed below who apply wages and conditions that are no less favourable than provided for in this Agreement for equivalent or similar work.
45.3 For the purposes of 45.2 the areas of work are: The core business of munitions and explosives manufacture; Maintenance on specialist equipment for munitions and explosives Manufacture
45.4 Where a change occurs to the manner, use and type of work that contractors will be required to perform, Thales will consult with the site consultative committee, prior to that change occurring. In the event a dispute arises on the use of a contractor and the matter cannot be resolved satisfactorily at the consultative committee, the parties will refer the issue to the formal disputes resolution procedure.
