Permits; Safety. Customer has obtained and will maintain during the Term, at its cost and expense, any necessary electrical, building or other permits, licenses, certificates or inspections required under Applicable Laws for the execution and performance of the Services. Customer will provide safe work surroundings for Signify and its Subcontractors and shall take all measures prescribed by law or otherwise necessary for the prevention of accidents at Site and to ensure the health and safety of the personnel of Signify and its Subcontractors at the Site. Customer shall inform Signify in writing of all safety rules and precautions applicable to the Site prior to Signify commencing any on-Site Services. Signify will not be responsible for the supervision or health and safety precautions for any other parties, including Customer, Customer’s contractors, subcontractors, or anyone else performing work at the Site.
Permits; Safety. (a) The Company and its Subsidiaries possess all Permits required to operate their business in all material respects as presently or previously conducted, such Permits are in full force and effect, no Proceeding is pending or, to the Sellers’ Knowledge, threatened which could result in the revocation, reclassification or limitation of any Permit. Neither the Company nor any of its Subsidiaries has received any written notice of or, to the Sellers’ Knowledge, any other communication regarding (i) any actual or possible violation of any Permit or any failure to comply with any term or requirement of any Permit, or (ii) any actual or possible revocation, withdrawal, suspension, cancellation, termination, or modification of any Permit. Except as set forth on Schedule 2.27, none of the Permits held by the Company or any of its Subsidiaries will be terminated or impaired or become terminable as a result of the Transactions. Neither the Company nor any of its Subsidiaries has an unsatisfactory or conditional safety and fitness rating from the Federal Motor Carrier Safety Commission (“FMCSA”), or its predecessor the Federal Highway Administration (“FHWA”), as a result of a compliance review by the FMCSA or FHWA, and there is no compliance review or related proceeding currently pending. Neither the Company nor any of its Subsidiaries, as applicable, maintains Compliance, Safety and Accountability scores (“CSA Scores”) above the “alert” threshold in each of the seven categories assessed by the FMCSA in connection therewith, and to Sellers’ Knowledge no issues, deficiencies or violations exist which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect upon such CSA Scores resulting in any one or more of the CSA Scores increasing above “alert” threshold.
(b) Attached hereto as Schedule 2.27(b) is a true and accurate copy of the Carrier Selection Guidelines of the Company and its Subsidiaries describing the minimum qualifications applicable to all motor carriers which the Company and its Subsidiaries currently contracts with for brokered transportation of freight and the procedures employed by the Company and its Subsidiaries to confirm each such motor carriers continuing compliance with such requirements (the “Carrier Selection Requirements”). All motor carriers which the Company and its Subsidiaries currently contracts with for brokered transportation of freight comply in all material respects with the Carrier Selection Re...
Permits; Safety. (a) Schedule 2.29(a) is a true, correct, and complete listing of all Permits held by the Companies. The Companies possess all material Permits required to operate their business as presently or previously conducted, such Permits are in full force and effect, no Proceeding is pending or, to the Sellers’ Knowledge, threatened which could result in the revocation, reclassification or limitation of any Permit. None of the Companies has received any written notice of or, to the Sellers’ Knowledge, any other communication regarding (i) any actual or possible violation of any material Permit or any failure to comply with any term or requirement of any material Permit, or (ii) any actual or threatened revocation, withdrawal, suspension, cancellation, termination, or modification of any material Permit. Except as set forth on Schedule 2.29(a), none of the material Permits held by any of the Companies will be terminated or impaired or become terminable as a result of the Transactions.
(b) Firebird has not received an unsatisfactory or conditional safety and fitness rating from the Federal Motor Carrier Safety Commission (“FMCSA”), or its predecessor the Federal Highway Administration (“FHWA”), as a result of a compliance review for any of the factors that are considered by the FMCSA or FHWA, and there is no proceeding pending that could result in an unsatisfactory or conditional safety and fitness rating. Firebird maintains Compliance, Safety and Accountability scores (“CSA Scores”) below the “alert” threshold in each of the seven categories assessed by the FMCSA in connection therewith, and to the Sellers’ Knowledge no issues, deficiencies or violations exist which could reasonably be expected to adversely affect such CSA Scores.
(c) Firebird has contracted for brokered transportation of freight only with reputable motor carriers in the reasonable judgment of Firebird.
Permits; Safety. 10.1 Purchaser shall be responsible for (i) all permissions, consents and permits in connection with the Site, and with owning, erecting, testing, commissioning, operating and maintaining the Scope of Supply and any related equipment, plant, facilities or utilities, and for the performance of the Site Services (if applicable); (ii) maintaining the Site in a safe working condition and as a safe place of work for all personnel at the Site at any time, providing safe means of access to the Scope of Supply at all times, conducting all activities on the Site in a safe manner and as prescribed by applicable directives, laws, rules, regulations, codes and standards and as set forth in the operating and maintenance manuals and instruction sheets furnished by Contractor; (iii) not removing or modifying any safety device, guard or warning sign provided as part of the Scope of Supply. If the Purchaser fails to strictly observe any of the obligations in this Clause, Purchaser shall indemnify, defend and hold Contractor harmless from any resulting claims and liability arising out of loss or damage to any property or out of personal injury or death, save to the extent directly caused by the negligence of Contractor.
