Common use of Obligations of the Client Clause in Contracts

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Obligations of the Client. (a) 4.1 The Client shall take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the Services. 4.2 So far as it is permitted by law, the Client acknowledges that, it has the full power and authority not been induced to enter into the Contract in reliance upon, nor has it been given, any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Conditions and, to the extent that it has been, it unconditionally and perform its obligations under this Agreementirrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. Any conditions or stipulations included in the Client standard form documents which are inconsistent with, or which purport to modify or add to, these General Conditions shall have no effect unless expressly accepted in writing by SGS. (b) 4.3 The Client has passed all necessary By-Laws shall only communicate of any SGS Certificate and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate Report entirely. The Client may not reproduce or publish extracts of any SGS Certificate or Report if the Facilities, (including, without limitation, name of SGS appears in any Authorizations required from the Local Planning Appeal Tribunal and the Ministry way. The Client shall not disclose details of the Environmentway in which SGS performs, Conservation and Parks (MECP)), and the Authorizations are in good standingconducts or executes its operations. SGS reserves its rights to take all appropriate legal measure for any breach of this clause. (c) The Client has provided OCWA with a true copy of each 4.4 If facts that could affect the accuracy of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this AgreementCertificate, including draft versions thereof, issued by SGS are discovered by the Client, the GHG Programme Regulator, or by any third party, after the issuance of such Certificate, SGS shall be informed accordingly by the discovering Party and shall issue a certified copy of each municipal By-Law required to authorize new Certificate specifically addressing the reasons for its revision and declare the old Certificate as invalid. SGS shall invoice the Client for the additional costs incurred for the issuance of the new Certificate. If tradable emission reduction credits or emission allowances were issued based on the old SGS Certificate, or if the emission reductions verified were or were to enter into be sold in any other way, it is the responsibility of the Client to: (i) inform all third parties concerned by the cancellation of the old Certificate and perform its obligations under this Agreementof the issuance of the new replacement Certificate; (ii) take all steps necessary for the sale transaction to reflect the accurate emission reductions verified as confirmed in the new Certificate issued; and (iii) cancel excess emission reduction units still in possession of the Client or any third party. (d) As 4.5 If SGS submits the owner Report or Certificate to a registry for issuance of the Facilitiesemission reduction credits or emission allowances, the Client is fully aware shall verify if there are discrepancies between the amount of its responsibilities and obligations regarding credits or allowances issued by the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act registry and the Occupational Health and Safety Act (amount stated in the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at SGS Report or Certificate within 48 hours of such issuance by the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilitiesregistry. The Client acknowledges shall inform SGS and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location registry operator of any designated substances in over or under issuance of credits or allowances within 48 hours of such discovery. SGS shall not be liable for the Facilitiesselling of over issued credits or allowances, particularly if the Client did not perform the above required verification.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the FacilitiesFacility, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesFacility, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities Facility under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Ontario Water Resources Act, 2002 R.S.O. 1990, c. O.40 (the “SDWAOWRA”), the Ontario Water Resources Act ) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities Facility which would affect OCWA’s ability to operate the Facilities Facility in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are Facility is in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the FacilitiesFacility. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the FacilitiesFacility.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act (“OWRA”) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the FacilitiesFacility, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal Ontario Municipal Board and the Ministry of the Environment, Conservation Environment and Parks (MECP)Climate Change), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesFacility, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities Facility under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Ontario Water Resources Act, 2002 R.S.O. 1990, c. O.40. (the “SDWAOWRA”), the Ontario Water Resources Act ) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no known Pre-existing Conditions existing at the Facilities Facility which would affect OCWA’s ability to operate the Facilities Facility in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are Facility is in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the FacilitiesFacilities except at the Paris WPCP and St. Xxxxxx WPCP Facilities where asbestos containing material has been identified at both sites. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the FacilitiesFacility.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal Ontario Municipal Board and the Ministry of the Environment, Conservation Environment and Parks (MECP)Climate Change), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.