General Service Obligations. (a) In the United States, Ally will provide full and fair consideration to Applications spanning a broad spectrum of prime and nonprime Consumers received from a Chrysler Dealer with whom Ally has a Retail Financing relationship, applying credit risk underwriting standards consistent with its general practices for Consumer Financing, and will purchase such contracts, if appropriate in Ally’s sole discretion in accordance with its usual and customary standards for creditworthiness, subject to applicable safety and soundness standards .
(b) Ally’s decision whether to provide Consumer Financing to any Consumer will be made in its sole and absolute discretion and pursuant to its business judgment, without any influence by Chrysler (but this does not prohibit Chrysler from communicating with Ally about any aspect of Ally’s performance as a financial service provider under the Agreement).
(c) Ally will provide assistance to Chrysler Dealers with whom Ally has a Retail Financing relationship to finalize Consumer contracts related to Consumer Financing, consistent with its general practices as discussed from time to time with the U.S. Coordinating Committee.
(d) Ally will actively work to facilitate the ease of doing business, completing transactions, and minimizing and resolving disputes with Chrysler, Chrysler Dealers, and Consumers, in each case consistent with its general practices as discussed from time to time with the Coordinating Committee.
(e) Ally will not take any measures that are inconsistent with market practice that reduce the likelihood that Consumers will seek to finance purchases through Ally (e.g., through onerous application fees, etc).
General Service Obligations. (a) In the United States (including Puerto Rico on a best efforts basis), Ally will provide full and fair consideration of any application for Dealer Financing received from a Chrysler Dealer, applying commercial lending credit risk underwriting standards consistent with Ally’s general practices for Dealer Financing and will provide Dealer Financing to the Chrysler Dealer, if appropriate in Ally’s sole discretion in accordance with its usual and customary commercial lending standards, subject to safety and soundness requirements and, absent a default by the dealer, the minimum guidelines described in Exhibit B of this Agreement, at the rate of return that Ally considers to be appropriate under the circumstances.
(b) Ally’s decision whether to provide Dealer Financing to any Chrysler Dealer will be made in Ally’s sole and absolute discretion and pursuant to its business judgment, without influence by Chrysler (but this does not prohibit Chrysler from communicating with Ally about Ally’s performance under this Agreement or any other matter).
(c) Nothing in this Agreement requires either Chrysler or Ally in its respective good faith business judgment to support the other party or any Ally-Financed Dealer in resolving any disputes or claims, but rather each party is permitted to support the other if, and to the extent, it wants to do so.
(d) Chrysler will use reasonable efforts to facilitate a positive relationship between Ally and Chrysler Dealers and in particular, to promote its association with Ally to Chrysler Dealers and seek to create an awareness among Chrysler Dealers of benefits available to them by dealing with Ally.
(e) Nothing in this Agreement affects Chrysler’s rights or obligations as to any Chrysler Dealer, or Ally’s rights or obligations as to any Ally-Financed Dealer. *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.
(f) Nothing in this Agreement is intended to permit Ally, or to create a right in Ally, to influence any act or omission by Chrysler as manufacturer, seller, and distributor of Chrysler Products to Chrysler Dealers, or to permit Chrysler, or create a right in Chrysler, to influence any act or omission by Ally as a provider of Dealer Financing to Chrysler Dealers.
General Service Obligations. 4.1.1 Franchisee shall be required to extend energized trunk cable and make Cable Service generally available to businesses and residential dwelling units within the Franchise Area. The Grantee initially shall build out its Cable System to make Cable Service generally available to those businesses and residential units located within the red ovals shown on the map attached to this Franchise Agreement as Exhibit A. Grantee shall use commercially reasonable efforts (considering build out costs, geographical and geological conditions, and business conditions) to complete initial build within 24 months of the effective date of the franchise. Grantee shall complete its Cable System within the remainder of the Franchise Area within a commercially reasonable time (considering build out costs, geographical and geological conditions, and business conditions). In addition to the obligations and considerations set forth above, Grantee shall offer Cable Service to all new or previously unserved businesses and residential units located within one hundred and fifty (150) feet of the Grantee's distribution cable. Subject to the density requirement, Franchisee shall offer Cable Service to all new homes or previously unserved homes located within 150 feet of the Franchisee’s distribution cable.
4.1.2 The Franchisee may elect to provide Cable Service to areas not meeting the above distance standards. The Franchisee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop in or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds the standards set forth above. Such additional charge shall be paid by the developer or landowner or customer requesting Cable Service in an area that does not meet the density and distance standards.
General Service Obligations. (A) The Franchisee shall make Cable Service available to every residential dwelling unit within the Franchise Area where the minimum density is at least (30) thirty dwelling units per mile when measured in strand footage from the nearest point of the existing Cable System from which a usable signal can be obtained. For purposes of this section, a home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the public right-of-way. Subject to the density requirement, Franchisee shall offer Cable Service to all new homes or previously unserved homes located within two hundred fifty (250) feet of the Franchisee's distribution cable. Should an area within the Franchise Area meet the density requirements, Franchisee shall provide Cable Service to such area within six (6) months after it confirms that the density requirements have been met through actual knowledge or following notice from the Franchising Authority that one or more residents has requested service.
(B) The Franchisee may elect to provide Cable Service to areas not meeting the above density and distance standards. The Franchisee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of the above standards. Any such additional charge related to an extended drop shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds the standards set forth above. Such additional charge shall be paid in advance by the developer, landowner, or customer requesting Cable Service in an area that does not meet the density and distance standards.
General Service Obligations. 4.1.1 The Franchisee shall make Cable Service available to every residential dwelling unit within the Franchise Area where the minimum density is at least thirty (30) dwelling units per mile when measured from the nearest point on the existing Cable System where sufficient signal is available. Subject to the density requirement, Franchisee shall offer Cable Service to all new homes or previously unserved homes located within 150 feet of the Franchisee’s distribution cable.
4.1.2 The Franchisee may elect to provide Cable Service to areas not meeting the above density and distance standards. The Franchisee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop in or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds the standards set forth above. Such additional charge shall be paid by the developer or landowner or customer requesting Cable Service in an area that does not meet the density and distance standards.
General Service Obligations. (A) The Franchisee shall make Cable Service available to every residential dwelling unit within the Franchise Area where the minimum density is at least (30) thirty dwelling units per mile when measured from the nearest point of the existing Cable System from which a usable signal can be obtained. For purposes of this section, a home shall be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the public right of way. Subject to the density requirement, Franchisee shall offer Cable Service to all new homes or previously unserved homes located within 150 feet of the Franchisee's distribution cable.
(B) The Franchisee may elect to provide Cable Service to areas not meeting the above density and distance standards. The Franchisee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop in or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds the standards set forth above. Such additional charge shall be paid in advance by the developer, landowner, or customer requesting Cable Service in an area that does not meet the density and distance standards.
General Service Obligations. The Service Provider must:
(a) provide the Services in a proper, timely and efficient manner using that standard of care, skill, diligence, prudence and foresight and in accordance with all applicable standards, principles and practices that would reasonably be expected from a prudent, expert and experienced provider of services that are similar to the Services;
(b) provide, at its own cost, any and all equipment and materials necessary for the performance of the Services;
(c) perform the Services in a manner that complies with all Laws, Policies and Procedures and Workplace Compliance Obligations applicable to the Service Provider in respect of the provision of the Services;
(d) ensure it:
(i) holds a current labour hire licence granted by the Labour Hire Licensing Authority under the Labour Hire Licensing Act 2018 (Vic) (Licence);
(ii) maintains the Licence for the Term;
(iii) immediately advises the School Council if the Licence is suspended, cancelled or conditions are imposed on the Licence; and
(iv) provides such information in relation to the status of the Licence as may reasonably be requested by the School Council;
(e) ensure the highest quality of work and the delivery of the Services with the utmost efficiency;
(f) cooperate fully with, and act in good faith towards the School Council;
(g) keep the School Council informed of all matters of which it ought reasonably be made aware, and provide such information in relation to the provision of the Services as may reasonably be required by the School Council;
(h) carry out its obligations and duties and complete the provision of the Services to the satisfaction of, and in accordance with, all directions and requirements of the School Council;
(i) ensure that the Services are performed so as not to affect, contaminate or disturb any Personnel, student(s), visitor, teaching materials, student projects or materials, indoor plants, aquariums or any other part of the School Council's premises or any property within such premises;
(j) ensure that it and its Personnel are appropriately qualified and have the requisite knowledge, skill and expertise to provide the Services in accordance with this Agreement; and
(k) where the School Council has, either expressly or by implication, made known to the Service Provider any particular purpose for which the Services are required, perform the Services in such a way as to achieve that result.
General Service Obligations. In addition to Quantum's specific service and support obligations in the Agreement, Quantum agrees to provide the following additional general services for the Products during the term of the Agreement.
General Service Obligations. Engagement of
General Service Obligations. The Operator must at all times during the Term:
(a) perform its obligations under this Contract:
(i) in accordance with the Services Schedule and the Service Level Schedule;
(ii) in accordance with Good Industry Practice;