Common use of Obligations of Client Clause in Contracts

Obligations of Client. 5.1 The Client will: (a) be responsible for safely delivering the Nominated Vessel to the Marine Hub slipway and receiving the Nominated Vessel from the slipway upon its return to the water, and will ensure that the Nominated Vessel is adequately crewed for such purposes; (b) ensure that the Operator is made fully aware of all features of the Nominated Vessel (including underwater or structural features) that may be relevant to the placement of strops and the operation of the Travel Lift, or the positioning and placement of any equipment used to stand the Nominated Vessel on the Hardstand. (c) provide the Operator with all other information required to ensure the Operator is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure of the Nominated Vessel; (d) promptly respond to all requests for information made by the Operator in relation to the Services and the Contractor Works; (e) promptly comply with all requirements and directions of the Operator in relation to the provision of the Services and the performance of any Contractor Works; and (f) provide reasonable cooperation and access to the Nominated Vessel to enable the Operator to perform the Services and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌ 5.2 The Client will not sell, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval of the Operator, which shall not be unreasonably withheld delayed, provided that all Charges owed to the Operator are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the Operator, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. 5.3 The Client must (and must ensure that its Representatives and Contractors and its Representatives) strictly comply with the Marine Hub Rules and all other terms of this Agreement (and any amendment thereto). 5.4 The Client will not, and will procure that its Representatives and Contractors do not: (a) do or permit to be done anything that causes a nuisance or disturbance to the Operator or any other client of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the Operator, the Marine Hub, or any owner or occupier of land adjacent to, or nearby, the Marine Hub. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) in connection with the provision by the Operator of the Services and any Ancillary Services. (For the avoidance of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operator.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Obligations of Client. 5.1 8.1 The Client will: (a) be responsible for safely delivering the Nominated Vessel to the Marine Hub Marina slipway and receiving the Nominated Vessel from the slipway upon its return to the water, and will ensure that the Nominated Vessel is adequately crewed for such purposes; (b) ensure that the Operator Marina is made fully aware of all features of the Nominated Vessel (including underwater or structural features) that may be relevant to the placement of strops and the operation of the Travel Lift, or the positioning and placement of any equipment used to stand the Nominated Vessel on the Hardstand.; (c) provide the Operator Marina with all other information required to ensure the Operator Marina is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure of the Nominated Vessel; (d) promptly respond to all requests for information made by the Operator Marina in relation to the Services and the Contractor Works; (e) promptly comply with all requirements and directions of the Operator Marina in relation to the provision of the Services and the performance of any Contractor Works; and (f) provide reasonable cooperation and access to the Nominated Vessel to enable the Operator Marina to perform the Services and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌Agreement. 5.2 8.2 The Client must not, and must not allow others, to sleep, stay overnight or live aboard the Vessel while it is on the Hardstand. 8.3 The Client will not sell, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval of the OperatorMarina, which shall not be unreasonably withheld delayedwithheld, provided that all Charges charges owed to the Operator Marina are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator Xxxxxx and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the OperatorMarina, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator Marina at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator Marina and the new Owner. 5.3 8.4 The Client must (and must ensure that its Representatives and Contractors and its Representatives) strictly invitees must comply with the Marine Hub Marina Rules (as varied from time to time) and all other terms of this Agreement (and any amendment thereto)Agreement. 5.4 8.5 The Client and its Contractors and invitees will not, and will procure that its Representatives and Contractors do not: (a) not do or permit to be done anything that causes a nuisance or disturbance to the Operator Marina or any other client of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the OperatorMarina. In particular, the Marine HubClient and its Contractors and invitees must leave any items, or any owner or occupier of land adjacent to, or nearby, the Marine Hub. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) tools and equipment being used in connection with the provision Vessel in a safe and tidy state at the end of each day, and must not allow items to be placed or stored outside the allocated area for the Vessel. Some further stuff about storage? 8.6 Any pet brought onto the Marina by the Operator Client or the Client’s Contractors or invitees must comply with the Pet Code of Conduct. The Marina reserves the Services right to order a pet’s removal from the Hardstand at the Marina’s sole discretion. In particular, pets may not freely roam, must be kept under strict control and any Ancillary Servicesbe within close proximity to its owner at all times. (For the avoidance Any faeces or other mess made by such pets must be cleaned up and disposed of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operatorappropriately immediately.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

Appears in 1 contract

Samples: Hardstand Boat Storage & Works Agreement

Obligations of Client. 5.1 The Client will: (a) be responsible for safely delivering the Nominated Vessel to the Marine Hub slipway and receiving the Nominated Vessel from the slipway upon its return to the water, and will ensure that the Nominated Vessel is adequately crewed for such purposes; (b) ensure that the Operator is made fully aware of all features of the Nominated Vessel (including underwater or structural features) that may be relevant to the placement of strops and the operation of the Travel Lift, or the positioning and placement of any equipment used to stand the Nominated Vessel on the Hardstand. (c) provide the Operator with all other information required to ensure the Operator is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure of the Nominated Vessel; (d) promptly respond to all requests for information made by the Operator in relation to the Services and the Contractor Works; (e) promptly comply with all requirements and directions of the Operator in relation to the provision of the Services and the performance of any Contractor Works; and (f) provide reasonable cooperation and access to the Nominated Vessel to enable the Operator to perform the Services and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌Agreement. 5.2 The Client will not sell, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval of the Operator, which shall not be unreasonably withheld delayed, provided that all Charges owed to the Operator are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the Operator, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. 5.3 The Client must (and must ensure that its Representatives and Contractors and its Representatives) strictly comply with the Marine Hub Rules and all other terms of this Agreement (and any amendment thereto). 5.4 The Client will not, and will procure that its Representatives and Contractors do not: (a) do or permit to be done anything that causes a nuisance or disturbance to the Operator or any other client of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the Operator, the Marine Hub, or any owner or occupier of land adjacent to, or nearby, the Marine Hub. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) in connection with the provision by the Operator of the Services and any Ancillary Services. (For the avoidance of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operator.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

Appears in 1 contract

Samples: Services Agreement

Obligations of Client. 5.1 The Without prejudice to any other provision of this Agreement, Client willundertakes, at its own expense, to perform or cause one or more third parties to perform the following activities: (a) be responsible to supply the Plant at its own expense with quality and quantity of feedstock in accordance with Annexes 2, 5 and 6 and according to table 2 below. The SM&O contractor will organize for safely delivering the Nominated Vessel deliveries directly with the feedstock providers however the Client needs to specify the conditions of Annex 5 to the Marine Hub slipway and receiving the Nominated Vessel from the slipway upon its return to the water, and will ensure that the Nominated Vessel is adequately crewed for such purposes;Feedstock providers (b) ensure that the Operator is made fully aware to inform SM&O contractor in advance of all features of the Nominated Vessel (including underwater introducing any new Feedstock or structural features) that may be relevant appointing any Feedstock supplier to the placement of strops and the operation of the Travel Lift, or the positioning and placement of any equipment used enable Contractor to stand the Nominated Vessel on the Hardstandcarry out some testing. (c) provide To register feedstock arrivals and weigh each truck in/out at the Operator with all other information required to ensure the Operator is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure central weighing bridge of the Nominated Vessel;business park (d) promptly respond to all requests for information made by perform unloading of the Operator in relation to feedstock at the Services dedicated permitted positions of the plant (under the direction and supervision of the Contractor Works;Contractor’s personnel) (e) promptly comply with to provide and maintain a continuous, high-speed internet connection that meets all reasonable requirements and directions of the Operator SM&O Contractor; (f) to dispose of digestate and unsuitable feedstock in relation accordance with applicable specifications and according to the provision needs of the Services plant to ensure continuous operations (g) to carry out an inspection of the Plant on a monthly basis without interrupting the operation of the plant, using its own personnel or through a third party other than SM&O Contractor; (h) maintain all permits needed for the proper running of the plant; (i) refrain from any modification and/or direct and/or third party service and maintenance that is not provided for in the Agreement; (j) make available, free of charge and for the entire term of this Agreement, the Plant where the personnel of SM&O Contractor may store the materials and tools necessary for the performance of any the Service as established in this Agreement; (k) ensure that SM&O Contractor Workshas direct access to the registers/meters/accounting books that indicate the amount of upgraded biomethane produced and consumed by the Plant each month; (l) bear the cost of chemicals and materials to be used in the Operation Service, including, but not limited to water and electricity for Plant operation; and (fm) provide reasonable cooperation ensure that the Plant is supplied with electrical power and access is connected to the Nominated Vessel to enable the Operator to perform the Services water mains (water supply and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌ 5.2 The Client will not sell, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval of the Operator, which shall not be unreasonably withheld delayed, provided that all Charges owed to the Operator are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the Operator, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. 5.3 The Client must (and must ensure that its Representatives and Contractors and its Representatives) strictly comply with the Marine Hub Rules and all other terms of this Agreement (and any amendment theretosewer). 5.4 The Client will not, and will procure that its Representatives and Contractors do not:(n) Site security (ao) do or permit to be done anything that causes a nuisance or disturbance to Take full responsibility for disposal of digestate, unsuitable feedstock, wastewater from the Operator or any other client operation of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the Operator, the Marine Hub, or any owner or occupier of land adjacent to, or nearby, the Marine Hubplant. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) in connection with the provision by the Operator of the Services and any Ancillary Services. (For the avoidance of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operator.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

Appears in 1 contract

Samples: Service, Maintenance and Operation Agreement (Blue Sphere Corp.)

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Obligations of Client. 5.1 2.1 The Client will:client to advice UP precisely of its requirement for the Temp including the nature and hours of the work to be done, and any special qualifications required. (a) 2.2 The client to control and supervise the work of the Temp and to immediately notify UP should they be responsible dissatisfied with the work of the Temp in order for safely delivering the Nominated Vessel a replacement to be immediatelyassigned. 2.3 The client warrants and confirms that its policies, procedures and work practices comply fully with current legislation. 2.4 The client agrees to comply with all relevant laws and agreements, which relate to the Marine Hub slipway and receiving employment of the Nominated Vessel from the slipway upon its return to the water, UP Temp and will ensure that UP Temps on assignment will enjoy all rights and benefits contemplated under the Nominated Vessel is adequately crewed for such purposes; (b) ensure that the Operator is made fully aware of all features laws of the Nominated Vessel (Republic of South Africa, including underwater freedom from unfair discrimination. 2.5 The client hereby indemnifies UP against any loss incurred by the client as a consequence of any act or structural features) that may omission by the temporary employee assigned by UP to theclient. 2.6 The client to ensure the accuracy of the completed Time Sheet with regard to hours and days worked, to delete all blank spaces and sign the Time Sheet accordingly. On the basis of this authorisation the Temp will be relevant paid and the client charged at the pre-agreedhourlyrate. 2.7 The client to advice UP of any special company rules or regulations in writing prior to the placement Temp commencing work for the client. 2.8 The representative of strops Client who signs the time sheet warrants that he/she is duly authorised so to act, and to bind the operation of the Travel Liftclient. 2.9 The client shall not entrust any Temp with unattended premises or any part thereof, or the positioning and placement handling of any equipment used to stand money, negotiable instruments confidential information, valuables or other similar property, without the Nominated Vessel on the Hardstandprior specific written agreement of UP. (c) provide 2.10 The client shall not permit a Temp to operate vehicles, equipment or machinery, other than office machinery in the Operator with all other information required to ensure the Operator is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure use of the Nominated Vessel; (d) promptly respond to all requests for information made by the Operator in relation to the Services and the Contractor Works; (e) promptly comply with all requirements and directions of the Operator in relation to the provision of the Services and the performance of any Contractor Works; and (f) provide reasonable cooperation and access to the Nominated Vessel to enable the Operator to perform the Services and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌ 5.2 The Client will not sellwhich they have been trained, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval agreement of the Operator, which shall not be unreasonably withheld delayed, provided that all Charges owed to the Operator are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the Operator, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new OwnerUP. 5.3 2.11 The Client must (and must ensure that its Representatives and Contractors client and its Representatives) strictly comply with the Marine Hub Rules and all other terms employees will participate fully in any procedures required by UP concerning any allegations of this Agreement (and any amendment thereto)misconduct, incapacity and/or operational requirement dismissals or related matters. 5.4 The Client will not, and will procure that its Representatives and Contractors do not: (a) do or permit to be done anything that causes a nuisance or disturbance to the Operator or any other client of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the Operator, the Marine Hub, or any owner or occupier of land adjacent to, or nearby, the Marine Hub. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) in connection with the provision by the Operator of the Services and any Ancillary Services. (For the avoidance of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operator.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

Appears in 1 contract

Samples: Temporary Staffing Agreement

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