OTHER BENEFICIARIES. 9.1 The Parties agree that:
9.1.1 each Other Beneficiary shall:
(a) be entitled to benefit from the performance of the Supplier's obligations under this Contract to the same extent as the Authority is entitled to do so under the terms of this Contract (as if a Party) provided that, subject to Clause 9.1.3, each Other Beneficiary shall not itself be entitled to enforce any rights it has under this Contract nor bring any Claim against the Supplier; and
(b) be a third party beneficiary for the purposes of the Contracts (Rights of Third Parties) Act 1999;
9.1.2 the Authority shall use reasonable endeavours to procure that any Claim that any Other Beneficiary has under this Contract against the Supplier is assigned by that Other Beneficiary to the Authority and managed by the Authority. The Supplier agrees:
(a) that such Claims may be so assigned and managed; and
(b) in the circumstances contemplated under Clause 9.1.2(a), the Authority shall (subject to Clause 57) be entitled to recover Losses suffered by any Other Beneficiary to the same extent that such Losses would be recoverable from the Supplier under this Contract had they been suffered by the Authority, notwithstanding that such Losses may not have been suffered by the Authority;
9.1.3 to the extent that the Authority is unable to procure assignment of a Claim in accordance with Clause 9.1.2 (having complied with Clause 9.1.2), the relevant Other Beneficiary shall be entitled to bring such Claim under this Contract directly against the Supplier, as if that Other Beneficiary was the Authority (and the Authority shall provide reasonable notice to the Supplier to the extent it is aware of the intention of the Other Beneficiary to bring such Claim);
9.1.4 subject to Clauses 9.1.2 and 9.1.3, the Authority shall be entitled to enforce the terms of this Contract against the Supplier in relation to the performance or non performance of the Supplier's obligations set out in this Contract to an Other Beneficiary; and
9.1.5 an Other Beneficiary shall have no authority to agree changes to, or to waive any breach of, this Contract.
OTHER BENEFICIARIES. Buyer shall cause the Buyer Indemnitees, and Seller shall cause the Seller Indemnitees, to comply with the provisions and to abide by the limitations set forth in this Article 11.
OTHER BENEFICIARIES. The representations and warranties contained in the Loan Documents shall inure to the benefit of any purchaser at a foreclosure sale or other grantee named in a deed delivered in respect of the Mortgaged Property.
OTHER BENEFICIARIES. Peer mentoring programs Students: .......................... Teachers: .......... Parents: ........................
OTHER BENEFICIARIES. If the beneficiary is not the account owner’s surviving spouse, the HSA will cease to be an HSA as of the date of death. If the beneficiary is the account owner’s estate, the fair market value of the account as of the date of death is taxable on the account owner’s final return. For other beneficiaries, the fair market value of the account is taxable to that person in the tax year that includes such date.
OTHER BENEFICIARIES. (a) Without affecting the rights of the parties under this Agreement, where an indemnity in this Agreement is expressed to be given by the Contractor in favour of a person other than the Principal, this Agreement shall operate as a deed poll by the Contractor for the benefit of that person. Such person may rely on, and enforce, each indemnity as a deed made in the person's favour by the Contractor.
(b) If for any reason a person is unable to rely on, or enforce, an indemnity as contemplated by clause 33.4(a), the Contractor agrees to execute such documents as may be reasonably necessary to give full benefit of the indemnities to the person as contemplated by the indemnities.
OTHER BENEFICIARIES. Please state the number of programs and projects your school has been involved in in the past 3 years: Please state how you find the following statements: Totally agree Largely agree Slightly agree Barely agree Not applicable Please state to what extent the following activities are carried out in the school: To a very large extent To a large extent To a small extent To a very small extent/ not at all
OTHER BENEFICIARIES. (a) Without affecting the rights of the parties under this Deed, where an indemnity in this Deed is expressed to be given by the Customer in favour of a person other than Hunter Water, this Deed operates as a deed poll by the Customer for the benefit of that person and such person may rely on, and enforce, each indemnity as a deed xxxx made in the person's favour by the Customer.
(b) If for any reason a person is unable to rely on, or enforce, an indemnity as contemplated by clause 11.2(a), the Customer must execute all documents needed to give full benefit of the indemnities to the person as contemplated by the indemnities.
OTHER BENEFICIARIES. The reimbursement and indemnity obligations of the EOTT Parties under this Article 7 shall be in addition to any liability which the EOTT Parties may otherwise have and shall be binding upon and inure to the benefit of any successors, assigns, heirs and personal representatives of the EOTT Parties and their employees, officers, directors, agents and representatives.
