OBLIGATIONS OF THE OPERATOR Sample Clauses
OBLIGATIONS OF THE OPERATOR. 4.1 The Operator expressly warrants and undertakes that it will:
4.1.1 process the Personal Information strictly in accordance with its mandate and any specific instructions provided to it by the Company from time to time;
4.1.2 not use the Personal Information for any other purpose, save for the purpose of processing the Personal Information as per Agreement / Addendum;
4.1.3 treat the Personal Information as confidential and only disclose, transfer and/or hand over Personal Information to those persons who are employed by it, and who need to process the Personal Information in accordance with the mandate to process as an Operator and/or in terms of the Agreement / Addendum under strict undertakings of confidentiality;
4.1.4 in addition to the provisions of clause 4.1.3, treat the Personal Information as confidential and only disclose, transfer and handover the Personal Information to third parties where under any specific instructions as issued by the Company in writing or where required by law. The disclosure, transfer or handover of Personal Information should only be done after the Operator has provided the Company with adequate warning of this requirement and the related details thereof. Details provided to the Company should include the identity of the person or legal entity who is to receive the Personal Information, the reason for the disclosure and confirmation that the person or legal entity to whom the Personal Information is to be disclosed to, has signed the POPIA onwards transmission notice attached hereto marked “Annexure A”;
4.1.5 ensure that it has and will continue to have in place, appropriate technical and organisational measures to protect and safeguard the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access. This should include Industry Best Practices that provide a level of security appropriate to the risk represented by the processing and the nature of the Personal Information to be protected. The safeguards must comply with the requirements set out under POPIA and be in line with the requirements described under the attached “Annexure B”;
4.1.6 process Personal Information strictly in accordance with POPIA and the POPIA processing conditions;
4.1.7 not use the Personal Information for any direct marketing or advertising, research or statistical purposes, unless expressly authorised to do so as per its mandate. When conducting such activity, the Operator ...
OBLIGATIONS OF THE OPERATOR. 4.1. The Operator shall, at its own costs and expenses, receive the Subscribed Channel(s) from designated satellites using the Equipment and retransmit the Subscribed Channel(s) to the Subscribers through the Operator’s Platform in the course of its own business..
4.2. The Operator shall raise monthly invoices on the Subscribers towards subscription of the channels (including the Subscribed Channel(s)) and the Operator shall collect such invoiced monthly fee from the Subscribers. Irrespective of the Operator’s failure to issue an invoice or collection of the invoiced monthly amounts from the Subscribers, the Operator shall be liable to pay the Monthly Subscription Fee to the Broadcaster as per the terms of this Agreement.
4.3. The Operator shall ensure retransmission of high quality encrypted signal of the Subscribed Channel(s) to the Subscribers.
4.4. The Operator shall not retransmit the Subscribed Channel(s) via any medium other than the Operator’s Platform and shall take all necessary action to prevent unauthorized access of the Subscribed Channel(s) through the Operator’s Platform and shall regularly provide to the Broadcaster with updated Piracy reports.
4.5. The Operator shall maintain accurate and complete records of the Subscribers and provide accurate and complete Reports including pursuant to Clause 12 of this Agreement. The Operator shall pay Monthly Subscription Fee, together with applicable Taxes within Due Date in accordance with this Agreement, failing which the Operator shall be liable to pay interest as per the Default Interest Rate along with the due payment.
4.6. The Operator shall not: (a) offer any Pay channel(s) from amongst the Subscribed Channel(s) as FTA channel to the Subscribers; and (b) distribute the Subscribed Channel(s) to any Commercial Subscribers in respect of which separate agreement(s) shall be executed between the Parties.
4.7. The Operator shall ensure that no activations or deactivations shall be performed or initiated directly in CAS but all such actions must be routed through SMS only. The Operator shall always encourage and shall not act in a manner that would discourage the Subscribers to subscribe to and/or avail of and view all the Subscribed Channel(s).
4.8. The Operator shall ensure that no Subscribed Channel(s) shall be disadvantaged or otherwise treated less favourably by Operator with respect to competing channels on a genre basis.
4.9. The Operator shall not indulge in any negative publicity or marketing ...
OBLIGATIONS OF THE OPERATOR. Subject to and on the terms and conditions of this Contract, the Operator shall, at its own cost and expense, observe, fulfil, comply with and perform all its obligations set out in this Contract or arising hereunder including the following obligations:
OBLIGATIONS OF THE OPERATOR. 3.1. The Operator shall be responsible for the scheduling of Routine Maintenance and inspections on the Vehicle at the intervals and in the manner prescribed by the Company or its Agent or at such intervals as may be required by regulations made under any Act of Parliament existing at the date hereof or which come into effect.
3.2. The Operator will notify the Company of any changes in its inspection interval and should the number of inspections during the contract period increase, the Operator shall bear the consequential costs. The Operator shall ensure that Routine Maintenance and inspections are arranged with and carried out by the Agent. Failure to present the vehicle for Routine Maintenance could result in termination of the Agreement.
3.3. The Operator shall make the Vehicle available to the Agent immediately once the need for Repairs or adjustments has been identified during daily checks, inspections or Routine Maintenance, or whilst the Vehicle is being used, or after a defect has been reported.
3.4. Should any Repairs be necessary to rectify a defect which may, if not rectified, cause consequential damage to the Vehicle or its Ancillary Equipment, the Vehicle must not be used until those Repairs are completed. If the Vehicle or its Ancillary Equipment are used when Repairs are necessary and consequential damage caused which necessitates further Repairs, the cost of repairing that consequential damage will be the responsibility of the Operator.
3.5. The Operator shall ensure that any Work is effected only by the Agent unless the Company shall have previously otherwise agreed in writing.
3.6. The Operator shall comply with any reasonable defect-reporting procedure which may be introduced either by the Company or by any change in legislation or regulations.
3.7. The Operator shall carry out all manufacturer-required daily Operator/driver checks, lubrication and adjustments to the Vehicle and any fitted Ancillary Equipment.
3.8. The Operator shall not make any alterations or modifications to the Vehicle and shall not use the Vehicle in any other way than that for which it was originally designed. The Operator shall take proper care of the Vehicle and shall use all reasonable endeavours to keep the Vehicle in good condition.
3.9. The Operator shall use the Vehicle in accordance with the manufacturer's recommendations and as is specified in the Schedule. The Operator shall notify the Company of any change of operation such as off- road use, changes in ...
OBLIGATIONS OF THE OPERATOR. 5.1.1 The Operator shall procure the Buses as per the Procurement Schedule provided in Schedule- G hereto for providing the services in accordance with the Deployment Plan and in accordance with the terms and conditions of this Agreement.
5.1.2 The Operator shall procure at its cost and expense, all Applicable Permits from Government Instrumentalities including but not limited to the certificate of registration, certification of fitness from the relevant Regional Transport Office (RTO) having jurisdiction over the Project and shall operate and maintain the Buses in accordance with the terms and conditions of this Agreement.
5.1.3 Subject to and on the terms and conditions of this Agreement, the Operator shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction and operation of the Maintenance Depots for the maintenance of Buses and shall observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.4 The Operator shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
5.1.5 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Operator shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice.
5.1.6 The Operator shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the Buses and Maintenance Depots;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement;
(e) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Operat...
OBLIGATIONS OF THE OPERATOR. 4.1. The Operator covenants and agrees with the City:
4.1. a. that a business license is required;
OBLIGATIONS OF THE OPERATOR. 6.1.1. Subject to and on the terms and conditions of this Agreement, the Operator shall at its cost and expense procure finance for and undertake the Project scope of work as mentioned in Article 2 and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2. The Operator shall comply with all Applicable Laws in the performance of its obligations under this Agreement.
OBLIGATIONS OF THE OPERATOR. 9.1 During the term of this Agreement the Operator shall:
(a) maintain in good standing, those prospecting permits comprising the Property by the doing and filing of assessment work or the making of payments in lieu thereof and the performance of all other actions which may be necessary in that regard and in order to keep such permits free and clear of all liens and other charges arising from the Operator’s activities thereon except those at the time contested in good faith by the Operator;
(b) indemnify the non-operating party or parties against and save such party or parties harmless from all costs, claims, liabilities and expenses that the non-operators may incur or suffer as a result of any injury (including injury causing death) to any director, officer, employee, agent or designated consultant of the parties hereto arising out of or attributable to the gross negligence or wilful misconduct of the Operator while such director, officer, employee or designated consultant is on the Property;
(c) permit the parties hereto, at their own expense, reasonable access to the results of the work done on the Property during each completed calendar year;
(d) keep the Property free and clear of all liens, charges and encumbrances of every character arising from its operation hereunder (except for liens for taxes not then due, other inchoate liens and liens contested in good faith by the Operator), and proceed with all reasonable diligence to contest or discharge any lien that is filed;
(e) pay, when due and payable, all wages or salaries for services rendered in connection with the Property and all accounts for materials supplied on or in respect of any work or operation performed on the Property;
(f) keep in force at least the following minimum insurance coverage, naming BHPB and CRL as additional insured parties, until all Operations have been completed:
(i) statutory workers’ compensations insurance for all of the Operator’s personnel required under the applicable worker’s compensation law;
(ii) employer’s liability insurance with a limit on liability of not less than $5,000,000 for each accident;
(i) comprehensive commercial general liability insurance with a limit on liability of not less than $5,000,000, combined single limit, per occurrence, for bodily injury and property damage, arising out of Operations performed under this Agreement by the Operator; and;
(ii) comprehensive automobile liability insurance covering all vehicles, hired, owned and non-owned, w...
OBLIGATIONS OF THE OPERATOR.
5.1 Obligations of the Operator
5.1.1 Subject to and on the terms and conditions of this Agreement, the Operator shall, at its own cost and expense, procure finance for and undertake the operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations in compliance with CIDCO Lease Agreement (Schedule N), Applicable Laws and Regulations, this Agreement, or arising hereunder.
5.1.2 The Operator shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement as prescribed in Schedule C.
5.1.3 The Operator shall use the Project facilities in accordance with Schedule N and local laws/ byelaws of CIDCO/ State of Maharashtra /electric distribution company/water supply company or any other authority or body ("Local Authority”) as may be applicable to the premises and locality in addition to the Guidelines of Government of India.
5.1.4 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Operator shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times.
5.1.5 The Operator shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(a) shall at all times strictly comply with the provisions of the Customs Regulations and all directions, advice and decision of the Customs Authorities in respect of the Operation and Maintenance of the Project facilities;
(b) shall be solely responsible for payment of all fines, penalties, interest & charges that may be imposed by the Customs Authorities under the Customs Regulations;
(c) shall not use Project facility for any other purpose other than Permitted Activities in accordance with Article 3.1.3;
(d) The Operator shall be liable and responsible to pay fines, damages, penalties, etc. which may be imposed by any Local Authority for misuse of the Project facilities during the term of the Agreement.
(e) shall be solely responsible for obtaining the prior approval of CIDCO as well as the Authority for any alteration or modification to the existing buildings to suit the future business plans provided that any such deconstruction and subsequent reconstruction work undertaken should only be completed in the currency of this Agreement;
(f) make, or cause to be made, necessary applications to the relevant Government Instru...
OBLIGATIONS OF THE OPERATOR. 3.1 The Operator undertakes and warrants to AKORN that it shall:
3.1.1 ensure that its obligations under these Conditions shall be performed by competent persons with appropriate levels of qualification and experience and with reasonable diligence, skill and care;
3.1.2 not at any time do, authorise or permit any act or omission which in any way shall alter, harm, misuse or bring into disrepute, impair or adversely affect the intellectual property rights of AKORN;
3.1.3 not perform its obligations under these Conditions in any manner which is inconsistent with these Conditions and which in the reasonable opinion of AKORN is prejudicial to the reputation of AKORN;
3.1.4 comply with all relevant laws, regulations and any requirements of any regulatory, governmental or quasi- governmental body or agency.