Fundamental Obligations. 1. Each Party shall prohibit the deliberate capture, keeping or killing of bats except under permit from its competent authority.
2. Each Party shall identify those sites within its own area of jurisdiction which are important for the conservation status, including for the shelter and protection, of bats. It shall, taking into account as necessary economic and social considerations, protect such sites from damage or disturbance. In addition, each Party shall endeavour to identify and protect important feeding areas for bats from damage or disturbance.
3. When deciding which habitats to protect for general conservation purposes each Party shall give due weight to habitats that are important for bats.
4. Each Party shall take appropriate measures to promote the conservation of bats and shall promote public awareness of the importance of bat conservation.
5. Each Party shall assign to an appropriate body responsibilities for the provision of advice on bat conservation and management within its territory particularly with regard to bats in buildings. Parties shall exchange information on their experiences in this matter.
6. Each Party shall take such additional action as it considers necessary to safeguard populations of bats which it identifies as being subject to threat and shall report under Article VI on the action taken.
7. Each Party shall, as appropriate, promote research programmes relating to the conservation and management of bats. Parties shall consult each other on such research programmes, and shall endeavour to co-ordinate such research and conservation programmes.
8. Each Party shall, wherever appropriate, consider the potential effects of pesticides on bats, when assessing pesticides for use, and shall endeavour to replace timber treatment chemicals which are highly toxic to bats with safer alternatives.
Fundamental Obligations. Shall, and shall cause each of the Subsidiaries to:
(a) preserve and maintain all of its rights, privileges, and franchises necessary or desirable in the normal conduct of its business, except where failure to do the same could not reasonably be expected to have a Material Adverse Effect.
(b) comply with the requirements of all applicable laws, rules, regulations, and orders of Governmental Authorities except for instances of non-compliance that could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
(c) pay and discharge when due all taxes, assessments, and governmental charges or levies imposed on it or on its income or profits or any of its Property, except for any such tax, assessment, charge, or levy the payment of which is being contested in good faith and by proper proceedings and against which adequate reserves are being maintained and except where failure to do so could not reasonably be expected to have a Material Adverse Effect.
(d) maintain all of its Properties owned or used in its business in good working order and condition, ordinary wear and tear excepted, except where failure to so maintain such Properties could not reasonably be expected to have a Material Adverse Effect.
(e) permit representatives of the Bank, during normal business hours and upon reasonable prior notice to the Borrower, to inspect its Properties, and to discuss its business and affairs with its officers, directors, and accountants.
(f) maintain insurance (which may include self insurance) in such amounts, with such deductibles, and against such risks as is customary for similarly situated businesses, except where the failure to so maintain insurance could not reasonably be expected to have a Material Adverse Effect.
Fundamental Obligations. (a) The Authority will supply to the Company and the Company will receive pay for and utilize for the purposes of the said operations the Company's total annual requirements subject to the qualifications hereinafter stipulated and estimated to be 2500M(3) per day of potable water for use in the said operations but not exceeding in any one day a total quantity of 3200M(3).
(b) This Agreement shall come into operation on January 1, 1998 and shall continue in force thereafter for a period expiring fifteen (15) years after the said date unless it be sooner determined as hereinafter provided and may be renewed, subject to the agreement of the parties for further successive periods of five (5) years by either party giving notice in writing to the other at least six (6) months prior to the expiration of the initial or any renewed term of its desire for such renewal.
(c) Any alteration in the amount of the water required to be supplied by the Authority to the Company under this Agreement may be arrived at after consultation between the Parties and their accord thereto.
(d) The water to be supplied to the Company by the Authority under the terms hereof will be utilized by it for the purposes of and in connection with the said operations to be conducted by it at its plant on the said lands situate at Point Lisas Industrial Estate in the Island of Trinidad. 216 2
Fundamental Obligations. (a) The Contractor:
(i) is responsible for supplying all Consumables and Plant and Equipment necessary to perform the Mobilisation and Transition In Services and Services in accordance with this Agreement;
(ii) shall be responsible for determining the volume of Consumables and numbers and types of Plant and Equipment needed to provide the Mobilisation and Transition In Services and Services in accordance with this Agreement;
(iii) bears the risk of loss of or damage to all such Consumables and Plant and Equipment regardless of where they are stored; and
(iv) is responsible for the cost of holding all Consumables and Plant and Equipment, and in each case, except to the extent included in a Scheduled Payment Amount, Ad Hoc Services Rate, Asset Replacement and Minor Works Fee or Requested Services Cost, shall have no right of recourse against the Principal in respect of any such costs.
(b) The Contractor acknowledges and agrees that any contract it enters into after the Execution Date for the provision of Consumables or Plant and Equipment (including repairs and maintenance) with a value greater than $5,000 (ex GST) must contain a provision that the relevant supplier will agree, if requested by the Principal, to a novation of the relevant contract (on terms reasonably acceptable to the Principal) to the Principal at the expiry of the Term or earlier termination of this Agreement.
Fundamental Obligations. (a) The Integration Partner acknowledges that the Principal has entered into the Contract relying on the professional skill, care, diligence and expertise of the Integration Partner in the performance of the Integration Partner’s Activities.
(b) The Integration Partner:
(i) must exercise the standard of skill, care, diligence and expertise in the performance of the Integration Partner’s Activities that would be expected of a professional provider of services similar to the Integration Partner’s Activities;
(ii) warrants that each of its Subcontractors will exercise the standard of skill, care, diligence and expertise in the performance of the part of the Integration Partner’s Activities being performed by the Subcontractors that would be expected of a professional provider of services similar to each part of the Integration Partner’s Activities;
(iii) must:
A. ensure that the Deliverables comply with all of the requirements of the Contract; and
B. ensure that the Integration Partner’s Activities and the Deliverables will be fit for their intended purpose;
(iv) must perform the Integration Partner’s Activities in a timely and efficient manner that is safe to both people and the environment;
(v) must ensure that the Integration Partner’s Activities are provided economically and in accordance with any budgetary requirements of the Principal notified to the Integration Partner; and
(vi) must exercise the utmost good faith in the best interests of the Principal and keep the Principal fully and regularly informed about all matters affecting or relating to the performance of the Integration Partner’s Activities, the Program or the Projects or otherwise.
(c) The Integration Partner must:
(i) promptly perform the Integration Partner’s Activities and use its best endeavours to ensure that the Integration Partner’s Activities and the Works proceed at a rate of progress such that each Project is completed by the committed dates for each Project, as specified in the relevant Works Order(s) (including any Milestone Dates); and
(ii) ensure that all work and methods of working under the Project Contracts are performed in accordance with the requirements of the applicable Project Contract.
Fundamental Obligations. 22 SECTION 6.03. Liens....................................................23 SECTION 6.04.
Fundamental Obligations. During the term of this Agreement and in accordance with the terms and conditions set forth herein:
(i) Fotoball (either directly or through its subcontractors) shall design, manufacture and package the Cars, sell and deliver the Cars to Chevron and its dealers and jobbers and provide information to Chevron dealers and jobbers in connection with the Promotion; and (ii) Chevron shall purchase a minimum of 500,000 Cars.
Fundamental Obligations. 1. Each Party shall prohibit the deliberate capture, keeping or killing of bats except under permit from its competent authority.
2. Each Party shall identify those sites within its own area of jurisdiction which are important for the conservation status, including for the shelter and protection, of bats. It shall, taking into account as necessary economic and social considerations, protect דצ איה םא ןיב( הנידמ לכ ושוריפ ”חווט תנידמ“ (ג( לע טופיש תוכמס תשמממה (ואל םא ןיבו וז הנמאל ;הז םכסה י”ע םיסוכמה םינימה חווטמ והשלכ קלח ןוגרא ושוריפ ”תילכלכ היצרגטניאל ירוזא ןוגרא“ (ד( וילע לח הז םכסהש תוינוביר תונידממ בכרומה הז םכסה י”ע םיסוכמה םיניינעב תוכמס ול שי רשאו ,ולש םיימינפה םילהנל םאתהב ,תואיכ ךמסוה רשאו ;וילא ףרטצהל וא ולבקל ,ותוא רשאל ,וילע םותחל ,רשקהה ןמ תרחא שקבתמ אל םא ,ושוריפ ”םידדצ“ (ה( ;הז םכסהל םידדצ .הפוריא תשביב ושוריפ ”הפוריאב“ (ו( רתוי וא תחא תכמסומ תושר דיעוי הז םכסהל דצ לכ .3 ריבעי אוה .הז םכסה םושייל תוירחאה תא ליטי ןהילעש םירחאה םידדצל תויושרה וא תושרה לש ןעמהו םשה תא .הז םכסהל טופישה םוחת ךותבש םירתאה תא ההזי דצ לכ .2 לש ,הנגהלו טלקמל ללוכ ,רומישה בצמל םיבושחה ולש וארייש םייתרבחו םיילכלכ םילוקישב בשחתהב .םיפלטע .הדרטה וא קזנ ינפמ הלא םירתא לע ןגי אוה ,םיצוחנכ םיבושח הנזה ירוזא תוהזל לדתשי דצ לכ ,ךכ לע ףסונ such sites from damage or disturbance. In addition, each Party shall endeavour to identify and protect important feeding areas for bats from damage or disturbance.
3. When deciding which habitats to protect for general conservation purposes each Party shall give due weight to habitats that are important for bats.
4. Each Party shall take appropriate measures to promote the conservation of bats and shall promote public awareness of the importance of bat conservation.
5. Each Party shall assign to an appropriate body responsibilities for the provision of advice on bat conservation and management within its territory particularly with regard to bats in buildings. Parties shall exchange information on their experiences in this matter.
6. Each Party shall take such additional action as it considers necessary to safeguard populations of bats which it identifies as being subject to threat and shall report under Article VI on the action taken.
7. Each Party shall, as appropriate, promote research programmes relating to the conservation and management of bats. Parties shall consult each other on such research programmes, and shall endeavour to co-ordinate such research and conservation programmes.
8. Each Party shall, wherever appropriate, conside...
Fundamental Obligations. (a) The Borrower does not comply with the provisions of Clause 20 (General Undertakings).
(b) The Borrower does not comply in any material respect with any provision of any Transaction Security Document.
(c) The Parent does not comply in any material respect with any provisions of the Foundry Agreement, the Liquidity Facility Agreement or the Parent Prepayment Letter or the Liquidity Facility ceases to be available to the Borrower on a committed and unconditional basis.
(d) No Event of Default under this Clause 21.2 will occur if the failure to comply is capable of remedy and is remedied within:
(i) in the case of a failure to comply falling within paragraph (a) above, five Business Days; and
(ii) in the case of a failure to comply falling within paragraphs (b) and (c) above, ten Business Days, of the earlier of the Administrative Agent giving notice to the Borrower or the Borrower becoming aware of the failure to comply.
Fundamental Obligations. 2.1 The Supplier must commence to carry out the provision of goods and services (the Work), or deliver the goods or materials, as set out in the Purchase Order:
a. on or before the delivery date shown on the Purchase Order; and
b. to the location described on the Purchase Order.
2.2 Scentre Group must pay the Supplier the amount set out in the Purchase Order as the "total cost" of the subject matter of the Purchase Order, plus any applicable GST, in the amount and at the times set out in the Purchase Order.
2.3 Scentre Group may, either itself or by a third party, perform an obligation which the Supplier was obliged to perform under the Contract but which the Supplier failed to perform and the costs, losses and damages suffered or incurred by Scentre Group in doing so will be a debt due from the Supplier to Scentre Group.
2.4 In the event the Supplier fails to perform any obligations under the Contract, and Scentre Group, either itself or by a third party, performs those obligations, Scentre Group will not be obliged to pay the Supplier any amount in the Purchase Order in connection with performing those obligations.
