Common use of Obligation to Maintain Clause in Contracts

Obligation to Maintain. Marketable Quality, Production Insurance and BRM Coverage (a) The Producer shall ensure that all Storable Agricultural Product with respect to which an Advance has been made pursuant to this Agreement: (i) is of marketable quality and is stored so as to remain of marketable quality until disposed of in accordance with this Agreement, or (ii) if it is in the course of being produced or is not yet produced, either the amount of the Advance is covered by BRM Coverage or Production Insurance and that all amounts that may be received thereunder are assigned in the amount of the Advance in accordance with this Agreement, (b) The Producer shall ensure that all Non-Storable Agricultural Product with respect to which an Advance has been made pursuant to this Agreement: (i) is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with this Agreement and that either the amount of the Advance is covered by BRM Coverage or Production Insurance in the amounts that may be received thereunder are assigned in accordance with this Agreement, or (ii) if it is in the course of being produced or is not yet produced, either in the amount of the Advance is covered by a BRM Program or Production Insurance and that the amounts may be received thereunder are assigned, or that the amount of the Advance is covered under other security required by this Agreement; (c) Notwithstanding subclauses (a) and (b), in the case of Livestock, the Producer shall ensure that the Livestock is of marketable quality and is maintained so as to remain of marketable quality until disposed of in accordance with this Agreement. (d) The Producer shall ensure that LPI coverage provided as security for Livestock is maintained and remains in effect until the Advance Indebtedness is for the Advance is repaid in full. If the Producer fails to reinstate full LPI coverage within 60 days of the date upon which the Administrator provides the Producer with notice of such requirement, the Administrator may declare the Producer in Default. (e) If the Producer breaches any of the provisions in this subclauses 3.7(a) to (d), the Administrator may declare the Producer in Default. (f) The Producer shall respect the terms of all assigned Production Insurance and BRM Programs assigned as security herein and shall do all things necessary to ensure the assignment of payments from the Production Insurance, BRM Programs, or both up to the extent of the Advance Indebtedness. The Producer shall notify the Administrator within seven (7) days if further requests for an assignment on the Production Insurance or BRM Program proceeds are made, granted or registered. (g) If an Eligible Agricultural Product for which an Advance is made ceases, in whole or in part, to be marketable through no fault of the Producer, the Producer is liable to pay the Administrator within twenty one (21) days of the date of Default, the portion of the Advance that is attributable to the unmarketable portion of the Eligible Agricultural Product, together with Interest thereon from the date of the Advance to the date the Advance Indebtedness is repaid in full, other than Interest which has been paid by the Minister. (h) If the Eligible Agricultural Product for which an Advance is made ceases, in whole or in part, to be marketable as a result of the fault of the Producer, the Producer shall, within twenty one (21) days, pay the full amount of the Advance Indebtedness related to the Advance for the unmarketable Agricultural Product plus Interest.

Obligation to Maintain. Marketable Qualitya. Each Participant shall exercise due diligence to maintain its Tankers at all times in a sea- and cargo-worthy condition to the technical and operational standards set forth in the Oil Companies International Marine Forum Guidelines and other national and international standards and shall exercise due diligence to obtain and maintain all certificates, Production Insurance documents and BRM Coverage (a) The Producer shall ensure that all Storable Agricultural Product with respect equipment required from time to which an Advance has been made pursuant time by any applicable law to enable the Tanker to perform any voyages under this Agreement:. Furthermore, each Tanker shall be kept in class with an International Association of Classification Societies classification society. (i) is b. Each Participant shall exercise due diligence to obtain and maintain throughout the duration of marketable quality and is stored so as to remain of marketable quality until disposed of in accordance with this Agreement, or (ii) if it is in the course of being produced or is not yet produced, either the amount of the Advance is covered by BRM Coverage or Production Insurance and that all amounts that may be received thereunder are assigned in the amount of the Advance in accordance with this Agreement, (b) The Producer shall ensure that all Non-Storable Agricultural Product with respect to which an Advance has been made pursuant to this Agreement: (i) is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with this Agreement and that either the amount of the Advance is covered by BRM Coverage or Production Insurance in the amounts that may be received thereunder are assigned in accordance with this Agreementvetting approvals for trading from Statoil, or Shell, BP/Amoco, Exxon/Mobil (ii) if it is in the course of being produced or is not yet produced, either in the amount of the Advance is covered by a BRM Program or Production Insurance and that the amounts may be received thereunder are assigned, or that the amount of the Advance is covered under other security required by this Agreement; (c) Notwithstanding subclauses (a) and (bincluding lighterage requirements), Chevron/Texaco, Total/Fina/Elf and upon the Commercial Manager’s reasonable request from other major oil companies (the “Other Oil Majors”), within three (3) months (six (6) months in the case of Livestocka newbuilding) after the applicable Tanker has been delivered into the Pool. Where a vetting approval of an Other Oil Major is to be obtained, the Producer time limit shall ensure that count from the Livestock is of marketable quality and is maintained so as to remain of marketable quality until disposed of in accordance with this Agreement. (d) The Producer shall ensure that LPI coverage provided as security for Livestock is maintained and remains in effect until the Advance Indebtedness is for the Advance is repaid in full. If the Producer fails to reinstate full LPI coverage within 60 days of the date upon which the Administrator provides the Producer with notice Participant’s receipt of such requirement, request by the Administrator may declare the Producer in Default. (e) If the Producer breaches any of the provisions in this subclauses 3.7(a) to (d), the Administrator may declare the Producer in Default. (f) The Producer shall respect the terms of all assigned Production Insurance and BRM Programs assigned as security herein and shall do all things necessary to ensure the assignment of payments from the Production Insurance, BRM Programs, Commercial Manager or both up to the extent of the Advance Indebtedness. The Producer shall notify the Administrator within seven (7) days if further requests for an assignment on the Production Insurance or BRM Program proceeds are made, granted or registered. (g) If an Eligible Agricultural Product for which an Advance is made ceases, in whole or in part, to be marketable through no fault of the Producer, the Producer is liable to pay the Administrator within twenty one (21) days of the date of Defaultdelivery of a Tanker into the Pool, whichever is the portion later. However, a Participant shall not be in breach of this Clause 4 (b) during any period during which a Tanker’s trading patterns prevent it from obtaining the Advance required vetting approvals, provided that is attributable to the unmarketable portion of the Eligible Agricultural Product, together with Interest thereon from the date of the Advance to the date the Advance Indebtedness is repaid in full, other than Interest which has been paid by the Ministerthey are obtained as soon as reasonably possible. (h) If c. Each Participant shall maintain and pay for any Certificates of Financial Responsibility necessary in respect of its Tanker(s). d. The Participants’ insurances are to name TCL in its role as Commercial Manager and subject to underwriters’ and the Eligible Agricultural Product for Participants’ agreement, any third party designated by TCL, as joint or co-insured, with full cover. e. TCL shall under no circumstances be obliged to pay insurance premiums of any kind, including P & I calls, notwithstanding the restrictions on insurance or P & I cover which an Advance is made ceases, in whole or in part, to be marketable as a result of the fault of the Producer, the Producer shall, within twenty one (21) days, pay the full amount of the Advance Indebtedness related to the Advance for the unmarketable Agricultural Product plus Interestwould thereby result.

Obligation to Maintain. Marketable Quality, Production Insurance and BRM Coverage‌ (a) The Producer shall ensure Purchaser acknowledges and agrees that it will at all Storable Agricultural Product with respect times maintain the Unit to which an Advance has been made pursuant to this Agreement: (i) is of marketable quality appropriately high standard and is stored so as to remain of marketable quality until disposed of in accordance with this Agreement, or (ii) if it is in the course of being produced or is not yet produced, either the amount of the Advance is covered by BRM Coverage or Production Insurance and that all amounts that may be received thereunder are assigned in the amount of the Advance in accordance with this Agreement,Building JOPD. (b) The Producer Purchaser acknowledges and agrees that any failure of the Purchaser to strictly comply with clause 14.1(a) shall ensure that cause the Seller and other Unit Owners within the Building harm by devaluing the Units in the Building and the Purchaser indemnifies the Seller, the other Unit Owners within the Building against such loss. 15 Restrictions on Disposals before Completion‌ 15.1 Prior to Completion, the Purchaser must not enter into any Disposal, or market the Unit for Disposal, unless all Non-Storable Agricultural Product with respect to which an Advance has of the following conditions have been made pursuant to this Agreementfulfilled: (ia) is of marketable quality and maintained so as the Purchaser has paid to remain of marketable quality until disposed of in accordance with this Agreement and that either the amount Seller the next Instalment of the Advance is covered by BRM Coverage or Production Insurance in Purchase Price notwithstanding its Instalment Payment Date may extend beyond the amounts that may be received thereunder are assigned in accordance with this Agreement, orResale Date; (iib) if it is in the course of being produced or Purchaser is not yet produced, either in the amount breach of the Advance is covered by a BRM Program or Production Insurance and that the amounts may be received thereunder are assigned, or that the amount any of the Advance is covered its obligations under other security required by this Agreement; (c) Notwithstanding subclauses (a) and (b), the Purchaser has Registered his/its name in Oqood Pre-Registration System against the case of Livestock, the Producer shall ensure that the Livestock is of marketable quality and is maintained so as to remain of marketable quality until disposed of in accordance with this Agreement.Unit; (d) The Producer shall ensure that LPI coverage provided as security for Livestock is maintained the Purchaser has paid the Seller the Seller’s Administration Fee and remains in effect until paid the Advance Indebtedness is for the Advance is repaid in full. If the Producer fails to reinstate full LPI coverage within 60 days of the date upon which the Administrator provides the Producer with notice of such requirement, the Administrator may declare the Producer in Default.Master Developer’s Administration Fee (if any); DRAFT (e) If the Producer breaches any Purchaser pays all fees, charges and other costs and expenses payable in respect of the provisions in this subclauses 3.7(a) to (d), Disposal including all Registration Fees and any fees or charges which are levied upon by the Administrator may declare the Producer in Default.Relevant Authority; (f) The Producer shall respect the terms of Purchaser procuring all assigned Production Insurance and BRM Programs assigned as security herein and shall do all things necessary to ensure the assignment of payments from the Production Insurance, BRM Programs, or both up to the extent relevant documents of the Advance Indebtedness. The Producer shall notify Transferee as required by the Administrator within seven (7) days if further requests for an assignment on Seller and the Production Insurance or BRM Program proceeds are made, granted or registered.Disposal is in accordance with the Applicable Law including any regulations of the Relevant Authority; (g) If an Eligible Agricultural Product for which an Advance is made ceases, in whole or in part, to be marketable through no fault the prior written consent of the Producer, Seller has been obtained (which will not be unreasonably withheld provided that the Producer Purchaser is liable to pay the Administrator within twenty one (21not in default of its obligations under this Agreement) days of the date of Default, the portion of the Advance that is attributable to the unmarketable portion of the Eligible Agricultural Product, together with Interest thereon and procures a no objection certificate from the date of the Advance to the date the Advance Indebtedness is repaid in full, other than Interest which has been paid by the Minister.Master Developer or Relevant Authority; (h) If the Eligible Agricultural Product for which an Advance is made ceases, Transferee and the Purchaser enters into and/or execute such documentation as the Seller requires in whole or in part, to be marketable as a result respect of the fault Disposal including the entering into by the Transferee with the Seller of a new sale and purchase agreement in the same form as this Agreement; (i) the Purchaser releases the Seller in writing from and against all liability in respect of this Agreement; and (j) should the Seller so require, the Purchaser has provided the Seller with copies of all documents relating to the transaction between the Transferee and the Purchaser and the Transferee must provide the Seller with a copy of the Producer, title deed issued by the Producer shall, within twenty one (21) days, pay the full amount Land Department in respect of the Advance Indebtedness related to Unit as soon as practicable after the Advance for title deed is issued by the unmarketable Agricultural Product plus InterestLand Department.