Miscellaneous Obligations. During the term of the LOAN, the following covenants shall apply: On behalf of “CEMEX”:
I. To provide monthly written notice, as to the progress of construction work, with detail of the work completed and paid for, including work performed pending payment, and work pending completion, in connection with the CONSTRUCTION CONTRACT.
II. To maintain an insurance policy covering the property comprising the COLLATERAL. Such insurance policy shall name “BANOBRAS” as the preferred beneficiary or, to the extent applicable, an endorsement naming “BANOBRAS” as the preferred beneficiary shall be obtained.
III. Provide its financial statements on a yearly basis, as audited by an independent auditor, within the first one hundred and eighty days as of the following fiscal year. Furthermore, it shall supply its records and/or internal financial statements whenever “BANOBRAS” should required the same in writing, no later than sixty days following the closing of the relevant fiscal year.
IV. It shall not engage in any indebtedness, including any obligations for borrowed money, bonds, loans, deferred payment obligations, services or property, financial leases and third party obligations where “CEMEX” should be a guarantor, or generally, enter into financial transactions which may deviate from its ordinary course of business and which may have the effect of defaulting on its payment obligations hereunder.
V. Advise “BANOBRAS” as to the existence of any suit or proceeding asserted against “CEMEX”, and of any situation which may compromise the execution of the CONSTRUCTION CONTRACT, which may have the ability of impairing its payment condition.
VI. Provide immediate written notice to “BANOBRAS” upon gaining knowledge of the occurrence or the existence of any situation which might lead to an event of default under the CONSTRUCTION CONTRACT. Any of the above referred covenants which fail to state a time period for performance, shall be notified or substantiated to “BANOBRAS” in writing, no later than fifteen business days after occurrence of the same. On behalf of the BORROWER:
I. It shall not engage in any indebtedness, including any obligations for borrowed money, bonds, loans, deferred payment obligations, services or property, financial leases and third party obligations where the Borrower should be a guarantor, or generally, enter into financial transactions which may deviate from its ordinary course of business and which may have the effect of defaulting on its payment obli...
Miscellaneous Obligations. (a) The Borrower instructs the Bank to collect, at his expense, all the payments due to the Bank from the Borrower pursuant to this Agreement, inter alia, and without derogating from the generality of the aforesaid - all the payments of principal and interest and all the Ancillary Payments as defined in sub-clause 2(i) above, directly from his account. For such purpose, the Borrower undertakes to sign any document required by the bank in order to allow the payments to be made as aforesaid. In addition, the Borrower undertakes to pay all the expenses and commission that the Bank demands of the Borrower in connection with collection as aforesaid. With respect to the authorization to debit the Borrower's account, the Borrower acknowledges and agrees that the interest that will be charged in the framework of the account might be higher than the Default Interest pursuant hereto. The Bank shall not be liable for any expenses and/or consequences in the event that in light of the state of the Borrower's account at the Bank, the Bank does not honor the authorization. Without derogating from the generality of the aforesaid, the Bank's failure to honor authorization as aforesaid or the honoring of the authorization by the Bank which results in the Borrower's account at the Bank having a debit balance that is outside the Borrower's approved credit facility at the Bank, in respect of any payment and/or part thereof, for any reason, shall be deemed non-payment of such amount by the Borrower and shall constitute a fundamental breach of this Agreement by the Borrower.
(b) The Bank shall not be obliged to send any notice to the Borrower in connection with the payment date of any payment owed by the Borrower or any notice in connection with his debt and/or the amount of this debt and the Borrower himself shall be liable for the full and punctual payment of every payment owed by him. In addition, the Borrower shall be under a duty to check at the Bank that the payments he is liable to make have actually been paid in full and on time. If the Borrower does not do so, and the Bank considers it appropriate to send the Borrower notice, the Borrower shall pay the Bank the notice Charges on the Bank's demand. The Bank may send notice to the Guarantor even if it has not sent notice to the Borrower.
(1) As collateral for the Loan's repayment in full and on time and as collateral for the repayment of the periodic payments, in accordance with the provisions of this Agreement, including...
Miscellaneous Obligations. 1. The Rider may not, for the duration of the present contract, ride for any other team or advertise for any other sponsors than those belonging to the UCI Team (name of team), save in such cases as are provided for in the regulations of the UCI and its affiliated federations.
2. The Team hereby undertakes to allow the Rider properly to perform his occupation by providing him with the necessary equipment and clothing and by permitting him to participate in a sufficient number of cycling events, either as a member of the team or individually.
3. The Rider may not compete in a race as an individual without the express consent of the Team. The Team shall be deemed to have given its consent if it has not replied within a period of ten days from the date of the request. In no case may the Rider take part in a road race as a member of a mixed team if (name of team) is already entered for that race.
4. The Parties undertake to respect the riders’ health protection programme of the UCI and/or the (name of NF). In the event of selection for a national team, the Team shall be required to permit the rider to participate in such races and preparatory programmes as may be determined by the national federation. The Team shall authorise the national federation to give the Rider any instructions it may deem necessary in connection with and for the duration of the selection provided that it does so solely in connection with sporting matters, in its own name and on its own behalf. In none of the aforementioned cases shall the present contract be suspended.
Miscellaneous Obligations. The Lessee shall be obligated to: - Immediately inform the Lessor of any damage or deterioration happening in the locales, even when it is not the result of any apparent damage and under penalty of being personally held responsible to repay the amount spent due to said damage and to be responsible due to his failure to notify the Insurance Company in a timely fashion of the aforesaid damage. - Refrain from connecting gas or fuel oil equipment to pipelines that were not made for this use. - Check and pay for regular maintenance on all gas or electric appliances/equipment. - Refrain from placing any object or fixed or mobile window display outside the rented places. - Clean the chimney if it is used at least once a year. - Refrain from obstructing the common areas of the building. - Accept, at this moment, to allow visitation of the rented locales by any person holding an authorization from the owner or his agent, in the event that the LESSOR wishes to sell his building. - Refrain from placing anything on the floors weighing more than they were designed to support (load resistance), in accordance with current law in force, under penalty of making necessary repairs at the LESSEE'S expenses, and of being held responsible for damages and interests. In case of any doubt, make sure to ascertain the correct load limit by approaching the LESSOR or the LESSOR'S Architect, but in any event, all at the expense of the LESSEE. - Refrain from using loudspeakers or any other means of radio-diffusion likely to be heard emanating from the rented locales. Refrain likewise from using any electrical equipment or any other equipment disruptive to radio or television broadcasts, without having equipped the aforementioned equipment with provisions that allow the avoidance of all unsettling events in the vicinity. - Take all measures that are useful in preventing any nuisance, in particular those caused by excessive noises or unpleasant odors: Abstain from throwing away or allowing corrosive substances or anything that might clog pipes to be thrown in drains or ditches. - Hang, at the LESSEE'S expense, only plates or signs of which the placement, the font and the dimensions have been authorized to the satisfaction of the joint ownership. - Refrain from requiring any compensation, or reduction in rent from the LESSOR for any interruption in the services of the building and, in particular, if they exist, those of ventilation, central heating, telephone and telex or others, either fo...
Miscellaneous Obligations. 14.1 The RIDER may not, for the duration of the present contract, work for any other Sponsored Team or advertise for any other sponsors than those belonging to the TEAM, save in such cases as are provided for in the Regulations of the UCI and of its affiliated Federations.
14.2 The TEAM hereby undertakes to allow the RIDER to perform his/her occupation by providing him/her with the necessary equipment and apparel and by permitting him/her to participate in a sufficient number of cycling events, either as a member of the team or individually.
14.3 The RIDER may not participate individually in a race without the express agreement of the TEAM. The TEAM shall be deemed to have given its agreement if it has not replied within a period of ten days from the date of the request.
Miscellaneous Obligations. 18.6.1. The Department may at any time compel the Recipient – in relation to a particular practice of, or procedure about to be performed by, the Recipient in connection with this Agreement– to do any of the following:
a. provide the Department with a written statement detailing what that practice or procedure will involve;
b. provide the Department with a risk assessment outlining the likelihood that that practice or procedure might breach any relevant WHS Rules;
c. seek the advice of an appropriately qualified independent expert in relation to the WHS aspects of that practice or procedure; and/or
d. appoint an appropriately qualified independent WHS expert to oversee the performance of that practice or procedure.
18.6.2. The Recipient will bear all costs associated with any of these actions, unless otherwise agreed in writing.
18.6.3. The Department may at any time compel the Recipient to provide it with any of the following:
a. a written copy of the Recipient’s WHS policies;
b. a written copy of the Recipient’s risk assessment and risk management documents prepared under clause 18.3.1;
c. a written copy of any other relevant WHS documents held by the Recipient; and/or
Miscellaneous Obligations. In case the Company makes technical or organizational changes to the measures concerning the Data Processing or Data Protection, the Company has the right to amend, supplement and update any instructions given to the Supplier. The Supplier and other Data Processors commit to agree these amended, supplemented or updated instructions. The Supplier shall respond to any notifications, reclamations and other communications related to the processing of Personal Data by the Customer with no delay and at the latest within […] of the Customer’s contact or reference. If the Supplier breaches, violates or neglects the provisions of this Appendix, and/or the data protection laws including the GDPR, the Supplier’s liability is set out in the applicable provisions of the Agreement. In addition, such breach, violation or negligence shall constitute a material or substantial breach of the Agreement, in consequence of which the Company has the right to cancel the Agreement in accordance with the Section 10 of the Agreement. The parties expressly understand and agree that while entering into the Agreement and this Appendix the data protection laws are in the state of change. In case the changes have an effect on the rights or obligations of the Company, the Company shall have the right to amend this Appendix according to the changes. The parties agree to comply with the amended Appendix.
Miscellaneous Obligations a) The Service Provider shall not use the name of the Company in any manner either for credit arrangements or otherwise. It is agreed that the Company shall not be in any way be responsible for the debts, liabilities or obligations of the Service Provider and / or his employees or agents or services.
b) The Service Provider shall not do or suffer to be done in or about the premises of the Company anything whereby any policy of insurance against loss or damage by fire or otherwise may become void or voidable. In case the Service Provider and his employees are allowed to work at the premises of the Company, the Service Provider will have no right or lien whatsoever upon the premises and the Service Provider will move out of the premises at the instance of the Company
Miscellaneous Obligations. Subject to clause 3:
(a) TABCORP will comply with the obligations contemplated of it under clauses 3.2, 5.6(a) and 5.8 of the Ordinary Scheme, and will procure that each of TABCORP Acquirer and TABCORP Issuer complies with the obligations contemplated of TABCORP Acquirer or TABCORP Issuer (as the case may be) under the Ordinary Scheme;
(b) TABCORP Acquirer will comply with the obligations contemplated of it under clauses 4.2(b), 4.3(a), 5.6(a) and 9.7 of the Ordinary Scheme; and
(c) TABCORP Issuer will comply with the obligations contemplated of it under clauses 4.3(d) and (e) and 5.6(b) of the Ordinary Scheme.
Miscellaneous Obligations. The FINANCED PARTY undertakes as follows in relation to the BANK:
1) In the event of a decision on changing the organization’s form, transferring or changing the core business, or dissolution, merger, spin-off, consolidation, petition for controlled administration, protective composition of creditors, or whenever the equity interests pass in full or in part to entities or groups other than those indicated in the application for financing, or when occurrences take place that modify the present structure in any event, to so inform it immediately by registered letter;
2) To keep the real property, constructions, installations, and machinery insured by top-ranked companies for the duration of the financing and for a subsequent two years;
3) To allow every variety of technical or administrative investigations and every variety of monitoring, as well as to provide all accounting positions, documents, and information that may be requested, and to provide the balance sheets and pertinent reports annually;
4) To give notice of changes in composition of capital, or the firm’s capacity to act, or in the lawful representation of the FINANCED PARTY, or in the management of the business;
5) To maintain the facilities and machinery and their efficiency;
6) To provide the BANK with documentation relating to the performance of any eventual investment plan as indicated in Article 1 of the agreement;
7) Not to change its organizational form and not to transfer or change its core business without written consent of the Bank;
8) To avail itself of the execution of any formality and to participate in drawing up any record or execution of any act requested by the BANK that is absolutely necessary for perfecting the present transaction and for correcting errors or omissions;
9) To deliver its balance sheet to the BANK, together with the minutes of approval by the partners meeting, within thirty days from the date of such approval; The FINANCED PARTY henceforth assumes the obligation to inform the BANK, in advance or at the same time as adopted, of any resolution that has the purpose: I Of modification of the charter/bylaws and/or constitutive document; II Of earmarking, in whatever manner provided for, capital for a specific business purpose in accordance with Articles 2447 bis ff. of the Civil Code;
