Joint and several liability (i Sample Clauses

Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Contract AgreementPage 25 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 Part II Scope of Project Draft Contract AgreementPage 26 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 Article 2
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Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Concession AgreementPage 28 of 145 Aug. 2020 Part II Scope of Project Draft Concession AgreementPage 29 of 145 Nov 2020 Article 2 Scope of the Project 2.1 Scope of the Project Under this Agreement, the scope of the Project (the “Scope of the Project”) shall mean and include: (a) construction of the Project Highway on the Site set forth in Schedule- A and as specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D; (b) maintenance of the Project Highway in accordance with the provisions of this Agreement and in conformity with the requirements set forth in Schedule-E; and (c) performance and fulfillment of all other obligations of the Contractor in accordance with the provisions of this Agreement and matters incidental thereto or necessary for the performance of any or all of the obligations of the Contractor under this Agreement. Draft Contract AgreementPage 30 of 145 Aug. 2020 Article 3 Obligations of the Authority
Sample 1

Related to Joint and several liability (i

  • Joint and Several Liability Each Borrower agrees that it is jointly and severally liable for, and absolutely and unconditionally guarantees to Agent and Lenders the prompt payment and performance of, all Obligations and all agreements under the Loan Documents. Each Borrower agrees that its guaranty obligations hereunder constitute a continuing guaranty of payment and not of collection, that such obligations shall not be discharged until Full Payment of the Obligations, and that such obligations are absolute and unconditional, irrespective of (a) the genuineness, validity, regularity, enforceability, subordination or any future modification of, or change in, any Obligations or Loan Document, or any other document, instrument or agreement to which any Obligor is or may become a party or be bound; (b) the absence of any action to enforce this Agreement (including this Section) or any other Loan Document, or any waiver, consent or indulgence of any kind by Agent or any Lender with respect thereto; (c) the existence, value or condition of, or failure to perfect a Lien or to preserve rights against, any security or guaranty for the Obligations or any action, or the absence of any action, by Agent or any Lender in respect thereof (including the release of any security or guaranty); (d) the insolvency of any Obligor; (e) any election by Agent or any Lender in an Insolvency Proceeding for the application of Section 1111(b)(2) of the Bankruptcy Code; (f) any borrowing or grant of a Lien by any other Borrower, as debtor-in-possession under Section 364 of the Bankruptcy Code or otherwise; (g) the disallowance of any claims of Agent or any Lender against any Obligor for the repayment of any Obligations under Section 502 of the Bankruptcy Code or otherwise; or (h) any other action or circumstances that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, except Full Payment of all Obligations.

  • Several Liability In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund that is involved in the matter in controversy and not to any other series of the Investing Company. In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund that is involved in the matter in controversy and not to any other series of the Trust.

  • General Liability Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)

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