Owner’s Obligations. 5.1 The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement.
5.2 Where the Managers are providing Technical Management in accordance with sub-clause 3.2, the Owners shall:
(i) procure that all officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95;
(ii) instruct such officers and ratings to obey all reasonable orders of the Managers in connection with the operation of the Managers’ safety management system.
5.3 Where the Managers are not providing Technical Management in accordance with sub-clause 3.2, the Owners shall procure that the requirements of the law of the flag of the Vessel are satisfied and that they, or such other entity as may be appointed by them and identified to the Managers, shall be deemed to be the “Company” as defined by the ISM Code assuming the responsibility for the operation of the Vessel and taking over the duties and responsibilities imposed by the ISM Code when applicable.
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for ...
Owner’s Obligations. Owner hereby covenants and warrants that Owner and its employees and agents shall not (without in each instance obtaining Contractor’s prior written consent) disclose, make commercial or other use of, or give or sell to any Person any of the following information: (i) any estimating, technical or pricing methodologies, techniques, know-how or information relating to the business, products, services, research or development of Contractor conspicuously marked and identified in writing as confidential by Contractor; or (ii) any Intellectual Property or Contractor’s Existing Intellectual Property Assets which is conspicuously marked and identified in writing as confidential (hereinafter individually or collectively, “Contractor’s Confidential Information”). The Parties agree that (y) notwithstanding the foregoing, Owner shall not be restricted from the use or disclosure of Work Product except as expressly set forth in Article 10; and (z) Owner shall be entitled to disclose that portion of the Intellectual Property and Contractor’s Existing Intellectual Property Assets for which Owner has a license in, and which is to be used by Owner for the purpose for which such license is granted pursuant to Section 10.1, provided that, with respect to such Intellectual Property and Contractor’s Existing Intellectual Property Assets, Owner binds such disclosee to the confidentiality obligations contained in this Section 19.2.
Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13.
(b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall:
(i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes;
(ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and
(iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system.
(c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall:
(i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5;
(ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization;
(iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and
(iv) unless otherwise agreed, arrange for the supply of provisions at their own expense.
(d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall:
(i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area
Owner’s Obligations. During the Term, Owner shall have the obligations set forth below:
Owner’s Obligations. 5.1 The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement.
Owner’s Obligations. 4.1 During the Term or any automatic renewal thereof, the Owner shall give the Agent the authority to perform all property management services as set out in sub paragraph 3.1 hereof, that may be exercised in the name of the Owner and the expense thereof assumed by the Owner.
4.2 In addition to all expenses incurred by the Agent on behalf of the Owner as aforesaid, during the Term or any automatic renewal thereof, the Owner agrees to pay the Agent, in respect of the Premises, the sum of USD $_50.00 per month for management services provided to the Owner as set out above. Any such payments related to services provided in any particular month shall be payable not later than the 15th day of the following month.
4.3 In the event that the Agent advances monies on behalf of the Owner, or the Owner is indebted to the Agent for any reason arising out of this Agreement, the Owner agrees to promptly pay, upon demand such indebtedness to the Agent. Any such indebtedness not paid within twenty days after notice shall be subject to interest at the maximum rate permitted by law and shall constitute lien rights upon the Premises for services, materials or management fees.
4.4 During the Term and any automatic renewal thereof, the Owner agrees to carry insurance in respect of the Premises, at the Owner's expense, according to the recommended guidelines of the insurance industry, including but without limitation, liability insurance in sufficient amounts to cover both the Owner and the Agent.
4.5 During the Term and any automatic renewal thereof, the Owner agrees to fully comply with all Federal, Provincial, Municipal or other legislation, provisions, standards and rules in respect of owning and operating revenue properties. Notwithstanding paragraph 12.0 hereof, where any such statute, provision or rule is breached, the Agent, upon giving notice to the Owner, may terminate this Agreement within seven days.
4.6 The Owner shall be solely responsible for maintaining the Premises in a good state of repair and clean-up. BANGLA PROPERTY MANAGEMENT, INC. (A Development Stage Company)
Owner’s Obligations. The Owner agrees that the Software, whether or not modified, will be treated as proprietary to the Vendor, its Subcontrac- tors or its suppliers, as appropriate and the Owner will:
(a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-System; provided that the Vendor acknowledges that the Software will be integrated across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendors;
(b) Ensure that all copies of the Software will, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and
(c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-System with systems and software of other suppliers and customers including, but not limited to, the Other Vendors; provided that such Persons agree, or are otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract.
(d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software.
Owner’s Obligations. Owner hereby covenants and agrees as follows:
Owner’s Obligations. The owner shall supply the vehicle in a safe and roadworthy condition.
