Extent of Duty Sample Clauses

Extent of Duty. Notwithstanding any other provision of this Agreement, the EPC Contract, the Finance Documents or the ARENA Funding Agreement, the Principal, the [Financier/Financier, Agent and Security Trustee], ARENA and Contractor each acknowledges and agrees as follows: the Independent Certifier only has a duty to: the Project Parties for performance of this Agreement only to the extent it relates to the Project Services and does not owe the Contractor a duty in relation to performance of the other Services under this Agreement; the [Financier/Financier, Agent and Security Trustee] for performance of this Agreement only to the extent it relates to the Finance Services and does not owe the [Financier/Financier, Agent and Security Trustee] a duty in relation to performance of the other Services under this Agreement; and the ARENA Parties for performance of this Agreement only to the extent it relates to the ARENA Services and does not owe ARENA a duty in relation to performance of the other Services under this Agreement; the Project Parties (other than the Principal) are not entitled to and have no Claim against the Independent Certifier under or in relation to performance of this Agreement, except to the extent it relates to the Project Services; the [Financier/Financier, Agent and Security Trustee] (other than the Principal) are not entitled to and have no Claim against the Independent Certifier under or in relation to performance of this Agreement, except to the extent it relates to the Finance Services; and the ARENA Parties (other than the Principal) are not entitled to and have no Claim against the Independent Certifier under or in relation to performance of this Agreement, except to the extent it relates to the ARENA Services. Independent Certifier's Obligations Acknowledgment The Independent Certifier acknowledges and agrees that: it has received a copy of the EPC Contract, the ARENA Funding Agreement and the Finance Documents and that it has read and is familiar with the terms of each of these documents to the extent they relate to the Services; its obligations extend to include the obligations, functions, duties and services of the 'Independent Certifier' under the EPC Contract, ARENA Funding Agreement and Finance Documents; it is providing the Finance Services solely for the benefit of the [Financier/Financier, Agent and Security Trustee]; it is providing the ARENA Services solely for the benefit of the ARENA Parties; and it is providing the Project Services ...
Sample 1

Related to Extent of Duty

  • Extent of Duties Each Agent shall only be obliged to perform the duties set out herein and such other duties as are necessarily incidental thereto. No Agent shall:

  • EXTENT OF AGREEMENT 17.1 This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall not be superseded by provisions of contracts for design or construction and may be amended only by a written instrument signed by both the OWNER and the CONSULTANT.

  • Extent of Obligations The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement in their respective territories, including ensuring that their respective regional and local governments and authorities, and non- governmental bodies in the exercise of governmental powers delegated to them by central, regional and local governments or authorities observe all obligations and commitments under this Agreement.

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • STATEMENT OF DUTIES 56.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position’s place in the organization.

  • Neglect of duty 9. Negligence or willful damage to public property, waste, or misappropriation of public supplies or equipment.

  • Extent of Obligation The Manager shall devote such time to the business and affairs of the Company as the Manager shall reasonably deem necessary to conduct properly such business and affairs in accordance with this Agreement and applicable law.

  • Off Duty day - Except where the provisions of 10.3.1 apply, if a public holiday, other than Waitangi Day and ANZAC Day, falls on a rostered employee's off duty day (such off duty day not being a Saturday or a Sunday) the employee shall be granted an additional day's leave at a later date convenient to the Employer.

  • Extent of Cooperation (1) Prior to December 31, 2017, Counsel for the Settling Defendants met with Class Counsel in Canada or the United States, to provide an oral evidentiary proffer which included information originating with the Settling Defendants that was not covered by privilege relating to the allegations in the Proceedings. Notwithstanding any other provision of this Settlement Agreement, and for greater certainty, it is agreed that all statements made and information provided by Counsel for the Settling Defendants are privileged, will be kept strictly confidential, may not be directly or indirectly disclosed to any other Person, unless disclosure is ordered by a Court. Further, absent a Court order, Class Counsel will not attribute any factual information obtained from the proffer to the Settling Defendants and/or Counsel for the Settling Defendants. Notwithstanding the foregoing, Class Counsel may: (i) use information obtained from the proffer in the prosecution of the Proceedings, including for the purpose of developing an allocation plan relating to any settlement or judgment proceeds, except the prosecution of any claims against Releasees; and (ii) may rely on such information to certify that, to the best of Class Counsel’s knowledge, information and belief, such information has evidentiary support or will likely have evidentiary support after reasonable opportunity for further investigation or discovery, but, absent a Court Order, the Plaintiffs shall not introduce any information from a proffer into the record or subpoena any Counsel for the Settling Defendants related to a proffer.

  • EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified, or added to only by written instrument properly signed by both parties.

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