Powers and Obligations. Except as expressly provided otherwise in this Agreement, the Management Committee is empowered to make all strategic and planning decisions regarding the Joint Venture. Accordingly, the Management Committee is responsible for revising, as deemed appropriate, Programs submitted by the Operator, for approving all Programs and for evaluating the results of all Programs.
Powers and Obligations. Minister: The Minister is responsible for deciding which outputs to purchase from the Department of Conservation. The output mix within an output class is then tabled in Parliament as part of the annual Estimates of Appropriation. While these outputs can be changed at the discretion of the Minister of Conservation in discussion with the Director-General, reporting on performance against the original targets tabled in Parliament is a requirement of the Public Finance Act.
Powers and Obligations. In accordance with the Arrangement, the Chief Police Officer for the ACT, subject to the authority of the Commissioner of the AFP, will be responsible to the ACT Minister for the achievement of the policing outcome and delivery of outputs set out in the Purchase Agreement and the general management and control of AFP personnel and resources deployed for the purposes of the Arrangement.
Powers and Obligations. 28.4.1 The Agent shall be entitled as follows:
(a) to assume, unless having received any notice to the contrary from any other party to this Agreement in its condition as Agent, that:
(i) any formal representations made by the Borrower or the Guarantor in connection with this Agreement, any of the other Finance Documents or the securities provided hereunder are true;
(ii) no Event of Default has occurred pursuant to the provisions of Clause 20.1 herein above; and
(iii) no right or power conferred under this Agreement upon all or upon the Majority Lenders, as the case may be, or upon each of them or upon any other person or group of persons has been exercised, unless it has received, in its capacity as Agent to the Lenders, notification to the contrary from any other party to the Agreement;
(b) to exercise on behalfof the Lenders the appropriate judicial or extrajudicial actions and claims in relation to the guarantees provided at all times by the Lenders and/or the Guarantor in favour of the Lenders in accordance with the provisions of this Agreement. The Lenders may grant to the Agent such powers of attorney as may be necessary for this purpose whenever possible. Likewise, any enforcing Lender to which the above granting is not possible, undertakes to exercise jointly with the Agent and/or with the other enforcing Lender as applicable—and in the same procedure—the aforementioned actions and claims in question;
(c) to engage and pay for the advice or services of lawyers, accountants, or other experts whose advice or services may appear to it to be necessary, desirable or desirable, and rely on the advice thus obtained. However, in the event that the fees may be relevant, the Agent, prior to the hiring of such services: (a) request three (3) estimates from among the most prestigious experts in the sector, choosing the cheapest of them and (b) inform the Lenders in case any of them has any objection in this respect;
(d) to rely on any communication or document that it considers to be authentic;
(e) to refrain from exercising any right or power corresponding to it in its capacity as Agent by virtue of this Agreement and/or the security granted under it, unless and until it receives from a Majority Lenders or from all of the Lenders, as the case may be, instructions as to whether or not it should exercise such right or power and, if it ought to do so, how it should exercise that right or power; and
Powers and Obligations. (a) Where obligations are imposed on You, You must ensure that any officer, employee, agent or any other party associated with You, complies with such obligations and any failure to comply by such other party will constitute a breach of this Consent by You.
(b) This Consent will not operate to limit or xxxxxx in any way, any power, right or discretion we have arising under the Act, Regulation or any other law.
Powers and Obligations. Subject to the approval of each Program by the Management Committee and to funds being advanced by the Parties who have elected to contribute to such Program, the powers and obligations of the Operator shall be as follows:
(a) to manage the Joint Venture and conduct, or cause to be conducted, all work performed under a Program in a good and workmanlike manner in accordance with good exploration, engineering, mining and accounting practice and in accordance with the terms of this Agreement;
(b) to submit each Program to the Management Committee for approval by delivering the Program to the Representatives at least 30 days in advance of the meeting of the Management Committee at which such Program is to be considered;
(c) subject to Section 3.8 of this Schedule “B”, to keep the Property in good standing and to pay all applicable payments, fees and taxes, and other similar governmental charges lawfully levied or assessed in respect of the Property, except that the Operator shall not be obliged, however, to make any such payment as long as such payment is being contested in good faith and the non-payment thereof does not adversely affect the Property;
(d) subject to Sections 6, 7 and 8 of this Schedule “B”, to provide, purchase, lease or rent all plant, buildings, machinery, equipment, tools, appliances, materials, supplies and services required for a Program and to dispose of the same when no longer required or useful for the purposes of the Property and the Joint Venture;
(e) to maintain and keep the Joint Venture Assets, or to cause the Joint Venture Assets to be maintained and kept, in good operating condition and repair in accordance with good exploration and mining practice;
(f) to comply with all applicable statutes, regulations, by-laws, laws, orders and judgements and all directives, rules, consents, permits, orders, guidelines, approvals and policies of any applicable governmental authority affecting the Joint Venture;
(g) to obtain and maintain such types and levels of property and liability insurance with respect to the Joint Venture as the Operator shall consider necessary from time to time, such coverage to include the non-Operator as a named insured to the extent of the non-Operator’s undivided interest in the Joint Venture from time to time;
(h) to require the Operator’s contractors and subcontractors to take out and maintain such types and levels of property and liability insurance as the Operator shall consider necessary or advisable from tim...
Powers and Obligations. Subject to the approval of each Program by the Management Committee, the powers and obligations of the Operator shall be as follows:
(a) to manage the Joint Venture and conduct, or cause to be conducted, all Mining Operations performed under a Program in a good and workmanlike manner in accordance with good engineering and mining practice and in accordance with the terms of this Agreement;
(b) to submit each Program to the Management Committee for approval by delivering the Program to the Representatives at least 30 days in advance of the meeting of the Management Committee at which such Program is to be considered;
(c) subject to section 3.8 of this Schedule C, to keep the Property in good standing and to pay all applicable payments, fees and taxes, and other similar governmental charges lawfully levied or assessed in respect of the Property, except that the Operator shall not be obliged, however, to make any such payment as long as such payment is being contested in good faith and the non-payment thereof does not adversely affect the Property;
Powers and Obligations. Legislative Provision Is this a delegable power? If delegable, list the relevant instruments of delegation Legislation Reference (e.g. section) Provision
Powers and Obligations. Except as limited by this Agreement, the Trustee shall have all powers granted by law and shall be responsible for and may take such actions as are required to assure the effective day-to-day operation of the Trust. However, except as otherwise expressly permitted hereunder, the Trustee shall not have the right or power to (i) exchange, distribute, assign, sell, transfer, convey or renounce the Trust Assets, (ii) terminate the Trust Assets' registration, or (iii) enter into a license for, grant an option on, or encumber the Trust Assets in a manner that is not in compliance with the provisions of this Agreement. The Trustee hereby acknowledges and covenants with the Trustor that he takes possession of the share capital of Trust on his own name but for and on behalf of the Trustor. Trustee forfeits the right to remove or depose the Trustor by signing this Trust Agreement. Except as otherwise provided in this Agreement all decisions of the Trustee must be approved by the Trustor. Trustee shall have no power to act or bind the Trust unless specifically so authorized in accordance with the immediately preceding sentence. The Trustee shall have the authority to delegate certain duties and responsibilities of administering the Trust to other individuals or entities who shall remain under the supervision, direction and control of the Trustee. The Trust shall have the authority to contract with third parties to carry out any actions necessary to acquire, hold, maintain and license Trust Assets subject to the limitations of this Agreement. No such delegation or third party shall permit any other person to take any action that would not be permitted to be taken by the Trustee hereunder. The Trustee hereby admits that, consequently, all rights and interests deriving from the share capital belong to Trustor as the real owner, and therefore, it accepts to make use of those rights and interests, and specially the right of vote in the company’s decision making forums, by strictly following the instructions given to it by the Trustor. The Trustee shall give an Irrevocable Unconditional General and Special Power of Attorney to the Trustor for all and every powers and rights granted to, by and according to this Agreement. The Trustee hereby commits itself to immediately transfer part or all of the share capital of Trust currently held by it to Trustor or to any Third Party as it may direct, whenever required by Trustor for any reason whatsoever. The Trustee shall be respons...
Powers and Obligations. Xx accordance with the Arrangement, the Chief Police Officer, subject to the authority of the AFP Commissioner, will be responsible to the Police Minister for the delivery of outputs to achieve the outcomes as set out in Schedule 1 of this Agreement, and the general management and control of AFP personnel and resources deployed for the purposes of the Arrangement.
