GUARANTEES AND HANDOVER OF THE WORKS Sample Clauses

GUARANTEES AND HANDOVER OF THE WORKS. 29.1 The Purchaser or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Seller at any pre-arranged time (as close as possible to the final completion of the Works) before the Occupation Date, in order to inspect the Works and to be advised of any defects listed by the Architect or the representative of the Seller, which are to be remedied by the Seller in terms of clause 29.3 (the “hand-over inspection”). During the hand-over inspection the Architect or the representative of the Seller may in his sole discretion add further items to the defects list, which will be remedied by the Seller in terms of clause 29.3 of this Agreement. Should the Purchaser or his representative fail to attend the hand- over inspection within a period of 7 (Seven) days after he was invited to attend to an appointment regarding the handover inspection, despite having been duly notified thereof, the Architect or the representative of the Seller shall conduct such inspection and hand- over in the Purchaser's absence. 29.2 The defects list issued by the Architect or the representative of the Seller on the Date of Occupation with such further items, if any, added during the hand-over inspection shall be final and binding between the Parties and the Purchaser shall be obliged to accept the Works with such defects. Subject to clause 28.6, the Purchaser shall be precluded from raising at any later time any defect which is alleged to have been a patent defect on the day of the inspection, but does not appear on such list and shall not have any claim against the Seller arising in respect thereof, nor shall the Purchaser be entitled to allege that any such defect or any of the defects listed by the Architect or the representative of the Seller renders the Works unfit for beneficial occupation. 29.3 In addition to the obligation of the Seller to remedy patent and latent defects, the Seller shall in terms of the NHBRC requirements be obliged to: 29.3.1 at its own expense repair any roof leaks that occur in respect of the Works within the first 12 (Twelve) months of the Occupation Date, provided that the Purchaser notifies the Seller thereof in writing within the said period of 12 (Twelve) months; 29.3.2 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Works for a period of 5 (Five) years of the Occupation Date, provided the Purchaser noti...
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GUARANTEES AND HANDOVER OF THE WORKS. Initial here 8.1 The Purchaser(s) or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Builder at any pre-arranged time (as close as possible to the final completion of the Works by the Builder) before the Date of Occupation, in order to inspect the Works and to be advised of the defects listed by the Architect or the representative of the Builder which are to be remedied by the Builder in terms of clause
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GUARANTEES AND HANDOVER OF THE WORKS. Initial here 8.1 The Purchaser(s) or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Contractor at any pre-arranged time (as close as possible to the final completion of the Works by the Contractor) before the Occupation Date, in order to inspect the Works and to be advised of the defects listed by the Architect or the representative of the Contractor which are to be remedied by the Contractor in terms of clause 8.3 (the “hand-over inspection”). During the hand-over inspection the Architect or the representative of the Contractor may in his sole discretion add further items to the defects list, which will be remedied by the Contractor in terms of clause
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Related to GUARANTEES AND HANDOVER OF THE WORKS

  • Releases of Guarantees and Liens (a) Notwithstanding anything to the contrary contained herein or in any other Credit Document, the Collateral Agent is hereby irrevocably authorized by each Secured Party (without requirement of notice to or consent of any Secured Party except as expressly required by Section 13.01) to take, and shall take, any action requested by the Borrower having the effect of releasing any Collateral or Guarantee Obligations (i) to the extent necessary to permit consummation of any transaction not prohibited by any Credit Document or that has been consented to in accordance with Section 13.01 or (ii) under the circumstances described in paragraph (b) below. (b) At such time as (A) (i) the Loans and the other Obligations (other than Unasserted Contingent Obligations) shall have been paid in full and (ii) the Commitments have been terminated or (B) any item of Collateral (including, without limitation, as a result of a Disposition of a Subsidiary that owns Collateral) is subject to a Disposition permitted under this Agreement, such Collateral shall automatically be released from the Liens and security interests created by the Security Documents, and the Security Documents and, with respect to the happening of the event described in clauses (A)(i) and (ii), all obligations (other than those expressly stated to survive such termination) of the Collateral Agent and each Credit Party under the Security Documents shall terminate, all without delivery of any instrument or performance of any act by any Person. (c) Upon request by the Collateral Agent at any time, the Required Lenders will confirm in writing the Collateral Agent’s authority to release its interest in particular types or items of property, or to release any Guarantee Obligations pursuant to this Section 13.19. In each case as specified in this Section 13.19, the Collateral Agent will (and each Lender irrevocably authorizes the Collateral Agent to), at the Borrower’s expense, execute and deliver to the applicable Credit Party such documents as such Credit Party may reasonably request to evidence the release of such item of Collateral or Guarantee Obligation from the assignment and security interest granted under the Security Documents, in each case in accordance with the terms of the Credit Documents and this Section 13.19.

  • Guarantees, etc To endorse or guarantee the payment of any notes or other obligations of any person; to make contracts of guaranty or suretyship, or otherwise assume liability for payment thereof; and to mortgage and pledge the Trust property or any part thereof to secure any of or all such obligations;

  • TERMS AND CONDITIONS OF THE NOTES The Notes shall be governed by all the terms and conditions of the Indenture, as supplemented by this First Supplemental Indenture. In particular, the following provisions shall be terms of the Notes:

  • Authorization of the Indenture The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).

  • Authorization of the Notes The Notes to be purchased by the Underwriters from the Company are in the form contemplated by the Indenture, have been duly authorized for issuance and sale pursuant to this Agreement and the Indenture and, at the Closing Date, will have been duly executed by the Company and, when authenticated in the manner provided for in the Indenture and delivered against payment of the purchase price therefor, will constitute valid and binding obligations of the Company, enforceable in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles, and will be entitled to the benefits of the Indenture.

  • Limitations of Liability of the Board and Shareholders of the Investment Company The execution and delivery of this Agreement have been authorized by the Board of the Investment Company and signed by an authorized officer of the Investment Company, acting as such, and neither such authorization by the Board nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any member of the Board or Shareholders of the Investment Company, but bind only the property of the Fund, or Class, as provided in the Declaration of Trust.

  • General Terms and Conditions of the Notes Section 201.

  • Conditions to Each Party’s Obligations under this Agreement The respective obligations of each party under this Agreement shall be subject to the fulfillment at or prior to the Closing Date of the following conditions, none of which may be waived:

  • Discharge Prior to Maturity The Indenture shall be discharged and canceled upon the payment of all of the Securities and shall be discharged except for certain obligations upon the irrevocable deposit with the Trustee of funds or U.S. Government Obligations sufficient for such payment.

  • Limitations of Liability of Trustees and Shareholders of the Company The execution and delivery of this Agreement have been authorized by the Trustees of FAS and signed by an authorized officer of FAS, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Trustees or Shareholders of FAS, but bind only the property of FAS, as provided in FAS’s Declaration of Trust.

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