Common use of Positive Obligations Clause in Contracts

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, document or thing supplied in conjunction with the Hire Equipment) is returned in the same condition as it was in at the commencement of the Hire Period (fair wear and tear excepted).

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, document or thing supplied in conjunction with the Hire Equipment) is returned in the same condition as it was in at the commencement of the Hire Period (fair wear and tear excepted).

Positive Obligations. During the Hire Period, the Customer The Tenant must: (a) only use the Premises for the Permitted Use and not for any other use without the prior written consent of the Landlord; (b) unless prohibited by Law, keep the Premises open and conduct the Permitted Use during the standard trading hours of the Building (as set by the Landlord from time to time); (c) keep the Premises fully stocked and operate the Tenant's business during the Term with due diligence, efficiency and in a reputable manner; (d) keep the design and presentation of the Premises (including the frontage and window displays) to a high standard and in keeping with the standard of the Building; (e) at its cost, obtain and continue to hold all approvals, consents, licences and other authorisations that are required by any relevant Authority or Law to enable the Tenant to use the Premises for the Permitted Use; (f) comply with each order, requisition or requirement of any Authority, the Landlord's insurer(s) and every Law (whether imposed on the Landlord or the Tenant) which arises or applies because of or in connection with: (i) the Tenant’s use of the Premises or the nature of its business; (ii) the persons who are permitted to enter the Premises; (iii) any works undertaken by the Tenant or at the Tenant’s request; (iv) the Tenant’s Property; or (v) any deliberate or negligent act or omission by the Tenant or the Tenant's Associates; (g) comply with the reasonable requirements of TEN relating to the Hire Equipment; (b) only use fuel, oil, lubricating oils Landlord and grease, cleaning the manufacturer in respect of any plant and other consumables approved by TEN; (c) carry out the Pre-Start Checklist provided by TEN at the intervals and equipment installed 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 usedPremises; (h) provide comply with all drills in respect of fire or emergency, whether or not such information, instruction, training and supervision as may be necessary to ensure that drills involve the Hire Equipment is operated, used and maintained without hazards or risks to health and safety, and provide evidence to TEN evacuation of same upon requestthe Premises; (i) provide any information in respect of use the use of Service Facilities only for the Hire Equipment, including without limitation daily logs and condition monitoring information to TEN upon requestpurpose for which they were designed; (j) comply with use all laws reasonable endeavours to keep the Premises free of infectious diseases and regulations relating to the Hire Equipment and the use, operation or possession of itcarry out regular preventative maintenance for such purposes by properly qualified persons; (k) use if the Tenant believes (or keep reasonably suspects) that there is any notifiable infectious disease in the Hire Equipment only at Premises, the Hire Site or at such other place as TEN approves;Tenant must promptly notify the Landlord and comply with the requirements of the Landlord; and (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 Tenant and the Tenant’s Associates only operated park their vehicles in the areas set aside by approved Competent Personnel and the Landlord for the purpose and within the capacity for which it was designed to be used; purposes of parking vehicles (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, document or thing supplied in conjunction with the Hire Equipment) is returned in the same condition as it was in at the commencement of the Hire Period (fair wear and tear exceptedif any).