Positive Obligations. 17.1 If the Agreed Services are Government-Employer Co-investment Funded each of the Training Provider and the Employer undertakes with the other that it shall in accordance with the ESFA rules:
17.1.1 enter into a written Apprenticeship Agreement and Commitment Statement in relation to each Apprentice at the start of and for the entire length of the Apprenticeship;
17.1.2 in relation to the Apprenticeship Grant for Employers, complete and sign the declaration before the 13 week period is reached;
17.1.3 agree when the Apprentice has obtained sufficient skills, knowledge and behaviours to sit their end-point assessment and for this purpose the Employer shall agree a time proposed by the Training Provider within 14 days of the Training Provider requiring it to do so and if the Employer shall fail to do so the Training Provider is hereby authorised in the name and on behalf of the Employer and the Training Provider to decide that time as the Training Provider thinks fit;
17.1.4 take the costs of the end-point assessment and any re-takes into account when agreeing the Charges;
17.1.5 include the contact details and website for the Training Provider on the written agreement with the Apprentice and on the Commitment Statement; and
17.1.6 if the Apprenticeship is achieved and the Apprentice does not stay with the Employer cooperate with the other to support the Apprentice and seek alternative opportunities.
Positive Obligations. 14.1 If the Agreed Services are Levy Funded each of the Training Provider and the Employer undertakes with the other that it shall in accordance with the ESFA rules:
14.1.1 enter into a written Apprenticeship Agreement and Commitment Statement in relation to each Apprentice at the start of and for the entire length of the Apprenticeship (including end-point assessment if applicable) except where the Apprentice is completing an Alternative Apprenticeship ;
14.1.2 agree the time when the Apprentice has obtained sufficient , knowledge, skills and behaviours to successfully complete the apprenticeship and for this purpose the Employer shall within 14 days of the Training Provider requiring it to do so agree such a time as proposed by the Training Provider and if the Employer shall fail to do so the Training Provider is hereby authorised in the name and on behalf of the Employer and the Training Provider to decide that time as the Training Provider thinks fit;
14.1.3 take the costs of the end-point assessment and any re-takes into account when agreeing the Charges;
14.1.4 take the Apprentice's prior learning into account when agreeing the Charges;
14.1.5 include the contact details and website for the Training Provider on the written agreement with the Apprentice and on the Commitment Statement; and
14.1.6 if the Apprenticeship is achieved and the Apprentice does not stay with the Employer cooperate with the other to support the Apprentice and seek alternative opportunities.
Positive Obligations. 17.1 If the Agreed Services are Levy Funded each of the Training Provider and the Employer undertakes with the other that it shall in accordance with the ESFA rules:
17.1.1 enter into a written Apprenticeship Agreement and Commitment Statement in relation to each Apprentice at the start of and for the entire length of the Apprenticeship (including end-point assessment if applicable);
17.1.2 agree when the Apprentice has obtained sufficient skills, knowledge and behaviours to sit their end-point assessment and for this purpose the Employer shall agree a time proposed by the Training Provider within 14 days of the Training Provider requiring it to do so and if the Employer shall fail to do so the Training Provider is hereby authorised in the name and on behalf of the Employer and the Training Provider to decide that time as the Training Provider thinks fit;
17.1.3 take the costs of the end-point assessment and any re-takes into account when agreeing the Charges;
17.1.4 include the contact details and website for the Training Provider on the written agreement with the Apprentice and on the Commitment Statement; and
17.1.5 if the Apprenticeship is achieved and the Apprentice does not stay with the Employer cooperate with the other to support the Apprentice and seek alternative opportunities.
Positive Obligations. During the Hire Period, the Customer must:
(a) comply with the reasonable requirements of TEN relating to the Hire Equipment;
(b) only use fuel, oil, lubricating oils and grease, cleaning and other consumables approved by TEN;
(c) carry out the Pre-Start Checklist provided by TEN at the intervals and in the manner notified by TEN;
(d) retain possession and control of the Hire Equipment and not sell, assign, pledge, mortgage, charge, lease, let on hire, part with possession of or otherwise dispose of or deal with the Hire Equipment or any part of it;
(e) operate the Hire Equipment only in a proper and skilful manner and using Competent Personnel, and in accordance with any operating manual/s provided by TEN;
(f) make all reasonable attempts to ensure that the use of the Hire Equipment complies with all work health and safety requirements in accordance with the laws of the state or territory in which the work is carried out;
(g) ensure that any equipment or facilities of the Customer used in conjunction with the Hire Equipment are safe and without risks to health and safety when properly used;
(h) provide such information, instruction, training and supervision as may be necessary to ensure that the Hire Equipment is operated, used and maintained without hazards or risks to health and safety, and provide evidence to TEN of same upon request;
(i) provide any information in respect of the use of the Hire Equipment, including without limitation daily logs and condition monitoring information to TEN upon request;
(j) comply with all laws and regulations relating to the Hire Equipment and the use, operation or possession of it;
(k) use or keep the Hire Equipment only at the Hire Site or at such other place as TEN approves;
(l) notify TEN immediately if any Hire Equipment is lost, stolen or otherwise Damaged;
(m) be responsible for any Damage to the Hire Equipment if such Damage is caused by the Customer or any persons under the Customer’s control;
(n) at all times exercise due care to ensure that the Hire Equipment is only operated by approved Competent Personnel and for the purpose and within the capacity for which it was designed to be used;
(o) take all reasonable precautions to prevent bodily injury or Damage to property and to comply with all statutory Obligations and by-laws and regulations imposed by any Government Body for the safety of persons and property as though the Customer was TEN; and
(p) ensure that the Hire Equipment (including any item, article,...
Positive Obligations. The Chargor must:
(a) carry on its business in a proper and efficient way and obtain, renew and maintain all material licences, consents and approvals advisable in connection with the Chargor's business; and
(b) maintain proper and adequate books and records in accordance with applicable accounting standards; and
(c) pay when due the Taxes assessed, levied or imposed on the Chargor (other than those being contested in good faith, provided sufficient reserves have been set aside to meet the potential liability), the Charged Property or the Financier in connection with the Charged Property; and
(d) comply with each term of each material lease and material contract to which it is a party unless the term is the subject of a bona fide dispute or is legally unenforceable; and
(e) ensure that each of its Subsidiaries complies with clauses 4.1(a), (b), (c) and (d) for its own business and property; and
(f) ensure that each of its Subsidiaries has granted and registered or promptly grants and registers a charge to the Financier over all of its property, assets and rights in form and substance satisfactory to the Financier;
(g) comply with all laws and with the mandatory requirements of any Public Authority and promptly carry out work required by a Public Authority concerning the Charged Property except where the requirement to do so is being contested in good faith; and
(h) do everything necessary to ensure no Event of Default occurs; and
(i) prosecute and defend (at the Chargor's expense) all legal proceedings which are advisable, or which the Financier advises the Chargor that it considers advisable, to avoid a material adverse effect on the Charged Property; and
(j) protect the Charged Property, keep it in good repair and good working condition and, if requested by the Financier, replace any part of the Charged Property which, in the Financier's opinion, needs replacement; and
(k) give the Financier the certificates of title and other documents evidencing title to that part of the Charged Property over which the Charge is a fixed charge as soon as they are available to the Chargor or its agents; and
(l) promptly give the Financier the Security Interests (and documents in connection with the Security Interests) in favour of the Chargor which secure the performance of any obligation or the payment of any money owed to the Chargor; and
(m) take whatever action the Financier reasonably requires in connection with environmentally hazardous substances.
Positive Obligations. The Chargor must:
(a) maintain, with underwriters and on terms reasonably acceptable to the Financier:
(i) insurance over the Charged Property for its full insurable value (or such other amount as the Financier specifies) against loss, damage or destruction resulting from theft, fire, storm and the other risks usually covered by insurance, and the risks the Financier specifies; and
(ii) worker's compensation, public risk, business interruption, loss of rent insurance and the other insurance which a prudent person would have if involved in a business similar to the Chargor's; and
(iii) the other insurance which the Financier reasonably specifies;
(b) ensure that this insurance:
(i) has the interest of the Financier as chargee or mortgagee endorsed on the policy; or
(ii) if the Financier directs, is in both the names of the Chargor and the Financier for their respective rights and interests; and
(c) deliver to the Financier:
(i) the insurance policies relating to this insurance ("INSURANCE POLICIES"); and
(ii) all alterations and additions to the Insurance Policies, immediately after they are issued; and
(d) on request, give the Financier certificates of currency for the Insurance Policies; and
(e) punctually pay the sums (including stamp duty) necessary to maintain every Insurance Policy and give the Financier promptly on request the receipt for the premium sum paid; and
(f) notify the Financier immediately after becoming aware of anything which might give rise to a claim or right to claim under an Insurance Policy which claim might or will exceed $1,000,000.00.
Positive Obligations. The Tenant must:
8.3.1 (Tenant’s Business) conduct the Tenant’s Business at all times in a proper, orderly and businesslike manner;
8.3.2 (keep clean) keep the Premises and everything in them clean and free of vermin and comply with the Landlord’s reasonable directions in that regard;
8.3.3 (comply with laws) comply on time with all laws and the requirements of all relevant governmental agencies in connection with the Tenant’s Business, the Tenant’s Property and the Tenant’s use or occupation of the Premises (including obtaining all permits);
Positive Obligations. 14.1 If the Agreed Services are ESFA funded, each of UCQ and the Employer undertakes with the other that it shall in accordance with the ESFA Rules:
14.1.1 enter into a written Apprenticeship Agreement and Commitment Statement in relation to each Apprentice at the start of and for the entire length of the Apprenticeship;
14.1.2 in relation to the Apprenticeship Grant for Employers, complete and sign the required declaration before the 13 week period is reached;
14.1.3 agree when the Apprentice has obtained sufficient skills, knowledge and behaviours to sit their End- Point Assessment and for this purpose the Employer shall agree a time proposed by UCQ within 14 days of UCQ requiring it to do so and if the Employer shall fail to do so UCQ is hereby authorised in the name and on behalf of the Employer and UCQ to decide that time as UCQ thinks fit;
14.1.4 take the costs of the End-Point Assessment and any re-takes into account when agreeing the Charges;
14.1.5 include the contact details and website for UCQ in the Apprenticeship Agreement and on the Commitment Statement; and
14.1.6 cooperate with each other to support the Apprentice and seek alternative opportunities if the Apprenticeship is successfully completed and the Apprentice does not stay with the Employer.
Positive Obligations. 15.1 East Surrey College and the Employer undertakes with the other that it shall in accordance with the ESFA rules: 15.
1.1 enter into a Commitment Statement in relation to each Apprentice before the start of and for the entire length of the Apprenticeship which is signed, dated and provided to the relevant Apprentice; 15.
1.2 agree when the Apprentice has obtained sufficient skills, knowledge and behaviours to sit their end-point assessment and for this purpose the Employer shall agree a time proposed by East Surrey College within 14 days of East Surrey College requiring it to do so and if the Employer shall fail to do so East Surrey College is hereby authorised in the name and on behalf of the Employer and East Surrey College to decide that time as East Surrey College thinks fit; 15.
1.3 take the costs of the end-point assessment and any re-takes into account when agreeing the Charges; 15.
1.4 include the contact details and website address for East Surrey College in the Apprenticeship Agreement and in the Commitment Statement; and 15.
1.5 if the Apprenticeship is achieved and the Apprentice does not stay with the Employer cooperate with the other to support the Apprentice in seeking alternative opportunities. 16 Negati ve Obligations
16.1 Each of East Surrey College and the Employer undertakes to the other that in accordance with the ESFA Rules it shall not: 16.
1.1 use funds in the Employer’s Digital Account or government-employer co-investment for any of the following: (a) enrolment, induction, prior assessment, initial diagnostic testing or similar activity; (b) travel costs for Apprentices under any circumstances; (c) Apprentice wages; (d) personal protective clothing and safety equipment required by the Apprentice to carry out their day-to-day work; (e) off-the-job training delivered only by distance learning, not including online and other blended learning activities; or (f) any training or optional modules in excess of those required, educational trips or trips to professional events not specified in the Apprenticeship Standard or needed to achieve the Apprenticeship Framework; (g) registration and examination (including certification) costs associated with a licence to practise; (h) registration and examination (including certification) costs for non- mandatory qualifications (qualifications that are not specifically listed in the Apprenticeship Standard or Apprenticeship Framework);
(i) end-point assessment costs incurred by East Surrey Colleg...
Positive Obligations. Corporate Matters
