Other Obligations. The Customer Sample Clauses

Other Obligations. The Customer. 4.6.1. Without a prior written consent of the Bank: 4.6.1.1. The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; 4.6.1.2. Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; 4.6.1.3. Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; 4.6.1.4. Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; 4.6.1.5. Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; 4.6.1.6. The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; 4.6.2. Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; 4.6.3. Shall use only the Bank products and/or services, including, shall have/make 100 (one hundred) % of money turnovers and balance on bank accounts only through the Bank. For avoidance of any doubts, the Customer may carry out a currency conversion transaction with other banks or relevant financial institutions in such a way as to have/make 100 (one hundred) % of money turnovers and balance on bank accounts only through the Bank, including, the Customer may carry out such transaction on the Bloomberg Bmatch Platform. 4.6.4. Shall ensure observance of the obligations a...
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Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, shall have/make 100 (one hundred) per cent of money turnovers and balance on bank account(s) only through the Bank; Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the ...
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Related to Other Obligations. The Customer

  • Obligations of the Customer 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

  • Obligations of the Contractor (i) Subject to and on the terms and conditions of this Agreement, the Contractor shall undertake the survey, investigation, design, engineering, procurement, construction, and maintenance of the Project Highway and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. (ii) The Contractor shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. (iii) Subject to the provisions of Clauses 4.1 (i) and 4.1 (ii), the Contractor shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. (iv) The Contractor shall remedy any and all loss, defects, or damage to the Project Highway from the Appointed Date until the end of the Construction Period at the Contractor’s cost, save and except to the extent that any such loss, defect, or damage shall have arisen from any wilful default or neglect of the Authority. (v) The Contractor shall remedy any and all loss, defect or damage to the Project Highway during the Defects Liability Period at the Contractor’s cost to the extent that such loss, defect or damage shall have arisen out of the reasons specified in Clause 17.3. (vi) The Contractor shall remedy any and all loss or damage to the Project Highway during the Maintenance Period at the Contractor’s cost, including those stated in Clause 14.1 (ii), save and except to the extent that any such loss or damage shall have arisen on account of any wilful default or neglect of the Authority or on account of a Force Majeure Event. (vii) The Contractor 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 set forth in Schedule-F and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for Materials, methods, processes and systems used or incorporated into the Project Highway; (c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed byit or its Sub-contractors in connection with the performance of its obligations under this Agreement; (d) ensure and procure that its Sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Contractor’s obligations under this Agreement; (e) not do or omit to do any act, deed or thing which may in any manner violate any provisions of this Agreement; (f) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (g) ensure that the Contractor and its Sub-contractors comply with the safety and welfare measures for labour in accordance with the Applicable Laws and Good Industry Practice; (h) keep, on Site, a copy of this Agreement, publications named in this Agreement, the Drawings, Documents relating to the Project, and Change of Scope orders and other communications given under this Agreement. The Authority’s Engineer and its authorised personnel shall have the right of access to all these documents at all reasonable times; (i) cooperate with other contractors employed by the Authority and personnel of any public authority; and (j) not interfere unnecessarily or improperly with the convenience of the public, or the access to and use and occupation of all roads and footpaths, irrespective of whether they are public or in the possession of the Authority or of others. (viii) The Contractor shall undertake all necessary superintendence to plan, arrange, direct, manage, inspect and test the Works. The Contractor shall provide all necessary superintendence of the Works for the proper fulfilling of the Contractor's obligations under the Agreement. Such superintendence shall be given by competent person having adequate knowledge of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents) for the satisfactory and safe execution of the Works. (ix) The Contractor shall obtain and maintain a project related bank account operational at site where all transactions related to the payment of work will be done. The Contractor shall submit a monthly account statement and a detailed report on utilization of funds transferred to this project related bank account to Authority’s Engineer. Notwithstanding anything contrary to this agreement, the authority, in the interest and to ensure timely completion of the work, reserves the right to audit such bank accounts to ensure that there is no diversion of funds from this project specific account to any other project being implemented by the Contractor. (x) The Contractor shall provide the documents of the Contractor specified in the Agreement, and all Contractors' personnel; Goods, consumables and other things and services, whether of a temporary or permanent nature, required in and for the execution, completion of Works and remedying defects. (xi) The Contractor shall perform the Works in conformity with the Project requirements and other requirements and standards prescribed under or pursuant to the Agreement. (xii) The Contractor shall carry out such work incidental and contingent to the original Scope of the Project to comply with Good Industry Practices. (xiii) The Contractor shall maintain required staff and necessary Contractor’s equipment and materials within the reach of the Site during the Defects Liability Period so that any defects arising are promptly attended.

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