Independent Consultants. The Borrower (i) shall cooperate in all respects with each Independent Consultant and (ii) shall ensure that each Independent Consultant is provided with all information reasonably requested by such Independent Consultant in fulfilling its duties to the Credit Parties.
Independent Consultants. The Company shall (a) cooperate in all reasonable respects with the Independent Consultants and (b) ensure that each Independent Consultant is provided with all information reasonably requested by such consultant with respect to the financing, construction or operation of the Project and will exercise due care to ensure that any factual information which it may supply to such consultant is materially accurate in all respects, and not, by omission of information or otherwise, misleading in any material respect at the time such information is provided, to the extent that such consultant relied on such information in preparing its report.
Independent Consultants. Minn. Stat. §256.998 requires Minnesota State to report the name, address and social security number of independent CONSULTANTs to the New Hire Reporting Center of the Minnesota Department of Human Services unless this Contract is for less than two months in duration with gross earnings of less than $250.00 per month. This information may be used by state or local child support enforcement authorities in the enforcement of state and federal child support laws.
Independent Consultants. Consultant and any subconsultants employed by Consultant are independent Consultants and not agents of Authority. Any provisions of this Agreement that may appear to give Authority any right to direct Consultant concerning the details of performing or providing the goods and/or services, or to exercise any control over performance of the Agreement, shall mean only that Consultant shall follow the direction of Authority concerning the end results of the performance.
Independent Consultants. It is understood that the parties are independent CONSULTANTs and shall have neither supervision nor control over the other party’s employees, agents, representatives and volunteers in the performance of their duties under this agreement. Neither party shall in any manner use the credit or name of the other party in connection with its business nor affairs except as specifically authorized in this agreement or as approved in writing prior to such use by the other party. CONSULTANT shall assume full responsibility as an independent CONSULTANT for the management of the means and methods for accomplishing the services described in paragraph 1.00 above and Attachment “A” attached hereto.
Independent Consultants. (a) The Administrative Agent and the Required Lenders, in their reasonable discretion, may remove from time to time, any one or more of the Independent Consultants and appoint replacements reasonably acceptable to the Borrower. Notice of any replacement Independent Consultant shall be given by the Administrative Agent to the Borrower, the Lenders and to the Independent Consultant being replaced. All reasonable fees and expenses of the Independent Consultants (whether the original Independent Consultants or replacements) shall be paid by the Borrower; provided, however, that unless an Event of Default shall have occurred and be continuing, the Administrative Agent shall request that each such Independent Consultant provide the Borrower with its proposed scope of work and proposed budget therefor, and the Administrative Agent shall consult with the Borrower with regard to the matters contained therein.
(b) Each Independent Consultant (other than the Independent Engineer, which consultants were hired directly by the Borrower) shall be contractually obligated to the Administrative Agent to carry out the activities required of it in this Agreement and as otherwise requested by the Administrative Agent and shall be responsible solely to the Administrative Agent for these activities. The Borrower acknowledges that it shall not have any cause of action or claim against any Independent Consultant resulting from any decision made or not made, any action taken or not taken or any advice given by such Independent Consultant in the due performance in good faith of its duties to the Administrative Agent hereunder.
Independent Consultants. Each User should consult its own legal, tax and financial advisor regarding the desirability of an investment in the Tokens.
Independent Consultants. The Partnership, on behalf of the Secured Parties, has appointed, and the Secured Parties have accepted, Xxxxxx & Xxxxx as the initial Independent Engineer and as the initial Marketing Consultant and Sedgwick of Tennessee, Inc. as the initial Insurance Consultant. Majority Secured Parties, upon 15 days prior written notice to the Collateral Trustee and each Applicable Agent, shall have the right to remove an Independent Consultant if, in the opinion of Majority Secured Parties, such Independent Consultant (i) ceases to be a consulting firm of recognized international standing, (ii) has become an Affiliate of the Partnership, the Borrower, any of the Partners, the Xxxxx Entities, the Oil Payment Insurers, an Applicable Agent, or a Secured Party, (iii) has developed a conflict of interest that calls into question such firm's capacity to exercise independent judgment in the performance of its duties in connection with the Xxxxx Project, or (iv) has failed to charge commercially reasonable compensation for its duties. If any Independent Consultant is removed or resigns and thereby ceases to act as an Independent Consultant and any Bank Senior Debt or Bank Senior Debt Commitments remain outstanding, the Bank Senior Lenders Administrative Agent shall promptly designate a replacement Independent Consultant of recognized international standing and notify the Capital Markets Trustee and the Oil Payment Insurers Administrative Agent thereof. Such selection shall become final unless, within 10 days following such notification, the Capital Markets Trustee reasonably objects to the designated replacement Independent Consultant, in which case the Bank Senior Lenders Administrative Agent shall select another replacement Independent Consultant of recognized international standing and notify the Capital Markets Trustee and the Oil Payment Insurers Administrative Agent thereof. If the Capital Markets Trustee does not object to such selection within 10 days following the date of notification thereof, the replacement Independent Consultant shall be deemed to have been accepted. If the Capital Markets Trustee does so object, the Bank Senior Lenders Administrative Agent shall repeat the selection process in accordance with the two foregoing sentences until a replacement Independent Consultant is found that is reasonably acceptable to the Capital Markets Trustee. If no Bank Senior Debt or Bank Senior Debt Commitments remain outstanding, the Capital Markets Trustee shall promptly...
Independent Consultants. To the best knowledge of the Company, each of the persons listed in Schedule 3 that has served as a qualified person with respect to the Company’s mines is independent within the meaning of NI 43- 101.
Independent Consultants. (i) Resource Modeling Inc., which serves as an independent mining industry consultant, to the best knowledge of the Company (1) does not have any direct material financial interest or material indirect financial interest in the Xxxxxxxx Creek Mine, the Company other than the compensation payable to it in respect of its engagements by the Company in respect of the Xxxxxxxx Creek Mine, and (2) was not and is not connected as a promoter, underwriter, voting trustee, director, officer or employee of the Xxxxxxxx Creek Mine, the Company; and (ii) Independent Mining Consultants, Inc., which serves as an independent mining industry consultant, to the best knowledge of the Company (1) does not have any direct material financial interest or material indirect financial interest in the Xxxxxxxx Creek Mine, the Endako Mine, the Mt. Xxxxxxxx project, the Company other than the compensation payable to it in respect of its engagements by the Company in respect of the Xxxxxxxx Creek Mine, the Endako Mine and the Mt. Xxxxxxxx project, and (2) was not and is not connected as a promoter, underwriter, voting trustee, director, officer or employee of the Xxxxxxxx Creek Mine, the Endako Mine, the Mt. Xxxxxxxx project, the Company.
