Common use of Recipient's Obligations Clause in Contracts

Recipient's Obligations. 3.1 The Recipient will: (a) undertake the Project in accordance with this Agreement, including, if applicable, at the Site; (b) take full responsibility for the completion of the Milestones as part of the Project and will take all reasonable steps to ensure that the Milestones are completed by the relevant Completion Date; (c) manage the implementation of the Project in accordance with good operational and health and safety practices; (d) implement and manage the Project with all due diligence, care and skill and to a professional standard commensurate with the nature of the Project, including ensuring that the Project is carried out by appropriately trained, qualified, experienced and supervised persons; (e) notify EECA promptly of any matter that could impact or delay the Milestones or Project Reports or any other aspect of the Project; (f) attend regular meetings, including an initial meeting, with EECA to discuss progress with the Project; (g) promptly notify EECA if the Recipient becomes aware of any matter that constitutes a Conflict of Interest, providing full details of the matter; (h) not knowingly do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA or the New Zealand Government more generally. The Recipient will keep EECA informed of any matter known to the Recipient which could reasonably be expected to have such an effect; (i) comply with the project conditions detailed in Schedule 2 and Schedule 3 (if applicable); (j) be liable for all acts or omissions of any relevant sub-contractor if the Recipient sub-contracts with any third parties any aspect of its performance under this Agreement and any such sub-contracting will not release the Recipient from liability for the performance of any of its obligations under this Agreement; (k) receive and manage all EECA Funding in accordance with good financial management and accounting practices and to a high standard that demonstrates appropriate use of public funds; (l) run a procurement process pursuant to which contracts for material components of the Project will be awarded to suppliers in accordance with good industry practice for procurement, and the Recipient must provide evidence that it has complied with this obligation if requested by EECA; and (m) ensure that the Project is fully commissioned and operational (as evidenced by a practical completion certificate or similar, as acceptable to EECA) by the due date of the relevant Milestone in Schedule 1. 3.2 The Recipient warrants that, as at the date of this Agreement: (a) it has full power and authority to enter into and perform its obligations under this Agreement which, when executed, will constitute binding obligations on it in accordance with its terms; (b) all information and representations disclosed or made to EECA by the Recipient in connection with this Agreement are true and correct, do not omit any material matter, and are not likely to mislead or deceive EECA as to any material matter; (c) it has disclosed any and all Conflicts of Interest to EECA; (d) it has disclosed to EECA all matters known to the Recipient, relating to the Project, that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA; (e) it will obtain all necessary certificates, licences, permits, approvals and other authorisations necessary for the Project in accordance with all applicable laws and the terms of this agreement; and (f) it is not aware of any material information that has not been disclosed to EECA which may, if disclosed, materially adversely affect the decision of EECA whether to provide the EECA Funding. 3.3 The Recipient acknowledges that EECA has entered into this Agreement in reliance on these warranties.

Recipient's Obligations. 3.1 The Recipient will: (a) undertake covenants and agrees to complete the Project in accordance with the terms and conditions of this Agreement. Without limiting the generality of the foregoing, the Recipient shall: a) commence the Project on or before the Project Start Date; b) carry out the activities set out in Schedule A in a diligent, timely and professional manner and in general compliance with the Project Budget; c) on completion of the Project, make available and maintain Broadband Service for a minimum of five (5) years from the Project Completion Date, that meets the requirements set out in Annex A-2, section 5 of Schedule A; d) complete the Project no later than the Project Completion Date; e) subject to the Province’s commitment in subsection 6.1 to pay a contribution toward certain Eligible Costs, be responsible for all Project Costs, including costs incurred in excess of the Project Costs specified in the Project Budget, if any; f) ensure that all goods and services, the cost of which are being contributed to by the Province under this Agreement, including, if applicable, shall be purchased or acquired at the Sitecompetitive prices that are no greater than Fair Market Value after deducting all trade discounts and similar items; (bg) take assume full responsibility at all times for the Project and all matters arising therefrom, as per appropriate standards and, without limiting the foregoing, oversee, manage and assume full responsibility for the completion of the Milestones as part of the Project goods and will take all reasonable steps to ensure that the Milestones are completed services provided by the relevant Completion Date; (c) manage the implementation of the Project in accordance with good operational any Third Parties and health and safety practices; (d) implement and manage the Project with all due diligence, care and skill and to a professional standard commensurate their compliance with the nature of the Project, including ensuring that the Project is carried out by appropriately trained, qualified, experienced and supervised persons; (e) notify EECA promptly of any matter that could impact or delay the Milestones or Project Reports or any other aspect of the Project; (f) attend regular meetings, including an initial meeting, with EECA to discuss progress with the Project; (g) promptly notify EECA if the Recipient becomes aware of any matter that constitutes a Conflict of Interest, providing full details of the matter; (h) not knowingly do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA or the New Zealand Government more generally. The Recipient will keep EECA informed of any matter known to the Recipient which could reasonably be expected to have such an effect; (i) comply with the project conditions detailed in Schedule 2 and Schedule 3 (if applicable); (j) be liable for all acts or omissions of any relevant sub-contractor if the Recipient sub-contracts with any third parties any aspect of its performance under this Agreement and any such sub-contracting will not release the Recipient from liability for the performance of any of its Recipient’s obligations under this Agreement; (kh) receive not alter the scope of the Project without the prior written consent of the Province; i) when awarding contracts or hiring personnel for the Project, use a fair and manage all EECA Funding competitive or otherwise justifiable and generally accepted sound business process that results in competent and qualified contractors and/or personnel working on the Project; j) provide open access to the resulting broadband network to other service providers in a fair, transparent, timely and non-discriminatory manner in accordance with good financial management section 5 of Schedule A and accounting practices and to a high standard that demonstrates appropriate use of public funds; (l) run a procurement process pursuant to no later than the time at which contracts for material components of the Recipient's Broadband Service is available. Any access provided on or before the Project will be awarded to suppliers Completion Date shall not reduce the minimum five (5) years requirements set out in accordance with good industry practice for procurementsection 8, and the Recipient must provide evidence that it has complied with this obligation if requested by EECA; and (mparagraph c) ensure that the Project is fully commissioned and operational (as evidenced by a practical completion certificate or similar, as acceptable to EECA) by the due date of the relevant Milestone in Schedule 1. 3.2 The Recipient warrants that, as at the date of this Agreement:; (ak) it has full power and authority if applicable, if the Project assets are to be owned in whole or in part by a Third Party, enter into a Third Party Contract with such Third Party that is consistent with the provisions of this Agreement and perform its include any clauses necessary to ensure the fulfilment of the Recipient’s obligations under this Agreement whichAgreement, when executedincluding the obligations set out in section 8, will constitute binding obligations on it in accordance with its terms; (bparagraphs c) all information and representations disclosed or made to EECA by the Recipient in connection with this Agreement are true j) and correctsubsections 12.1, do not omit any material matter12.2, 12.3, 15.1, 15.2, and are not likely to mislead or deceive EECA as to any material matter; (c) it has disclosed any and all Conflicts of Interest to EECA; (d) it has disclosed to EECA all matters known to the Recipient, relating to the Project, that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA; (e) it will obtain all necessary certificates, licences, permits, approvals and other authorisations necessary for the Project in accordance with all applicable laws and the terms of this agreement; and (f) it is not aware of any material information that has not been disclosed to EECA which may, if disclosed, materially adversely affect the decision of EECA whether to provide the EECA Funding19. 3.3 The Recipient acknowledges that EECA has entered into this Agreement in reliance on these warranties.

Recipient's Obligations. 3.1 The Recipient will: (a) undertake the Project in accordance with this Agreement, including, if applicable, at the Site; (b) take full responsibility for the completion of the Milestones as part of the Project and will take all reasonable steps to ensure that the Milestones are completed by the relevant Completion Date; (c) manage the implementation of the Project in accordance with good operational and health and safety practices; (d) implement and manage the Project with all due diligence, care and skill and to a professional standard commensurate with the nature of the Project, including ensuring that the Project is carried out by appropriately trained, qualified, experienced and supervised persons; (e) notify EECA promptly of any matter that could impact or delay the Milestones or Project Reports or any other aspect of the Project; (f) attend schedule regular meetings, including an initial meeting, with EECA to discuss progress with the Project; (g) promptly notify EECA if the Recipient becomes aware of any matter that constitutes a Conflict of Interest, providing full details of the matter; (h) not knowingly at any time do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA or the New Zealand Government more generally. The Recipient will keep EECA informed of any matter known to the Recipient which could reasonably be expected to have such an effect; (i) comply with the project specific conditions detailed in Schedule 2 and Schedule 3 (if applicable)2; (j) be liable for all acts or omissions of any relevant sub-contractor if the Recipient sub-contracts with any third parties any aspect of its performance under this Agreement and any such sub-contracting will not release the Recipient from liability for the performance of any of its obligations under this Agreement; (k) receive and manage all EECA Funding in accordance with good financial management and accounting practices and to a high standard that demonstrates appropriate use of public funds; (l) run a an open arm’s length procurement process pursuant to which contracts for material components of the Project will be awarded to suppliers in accordance with good industry practice for procurement, and the Recipient must provide evidence that it has complied with this obligation if requested by EECA; (m) within six months following the date of this Agreement, deliver to EECA a plan (completed to EECA’s satisfaction) that sets out the Recipient’s pathway to decarbonisation of the Recipient’s business as a whole; and (mn) ensure that the Project is fully commissioned and operational (as evidenced by a practical completion certificate or similar, as acceptable to EECA) by the due date of the relevant Milestone in Schedule 131 October 2023. 3.2 The Recipient warrants that, as at the date of this Agreement: (a) it has full power and authority to enter into and perform its obligations under this Agreement which, when executed, will constitute binding obligations on it in accordance with its terms; (b) all information and representations disclosed or made to EECA by the Recipient in connection with this Agreement are true and correct, do not omit any material matter, and are not likely to mislead or deceive EECA as to any material matter; (c) it has disclosed any and all Conflicts of Interest to EECA; (d) it has disclosed to EECA all matters known to the Recipient, relating to the Project, that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA; (e) it will obtain has obtained all necessary certificates, licences, permits, approvals and other authorisations necessary for the Project in accordance with all applicable laws and the terms of this agreement; and; (f) it is not aware of any material information that has not been disclosed to EECA which may, if disclosed, materially adversely affect the decision of EECA whether to provide the EECA Funding. 3.3 The Recipient acknowledges that EECA has entered into this Agreement in reliance on these warranties.

Recipient's Obligations. 3.1 ‌ The Recipient will: (a) undertake covenants and agrees to complete the Project in accordance with the terms and conditions of this Agreement. Without limiting the generality of the foregoing, the Recipient shall: a) commence the Project on or before the Project Start Date; b) carry out the activities set out in Schedule A in a diligent, timely and professional manner and in general compliance with the Project Budget; c) on completion of the Project, make available and maintain Broadband Service for a minimum of five (5) years from the Project Completion Date, that meets the requirements set out in Annex A-2, section 5 of Schedule A; d) complete the Project no later than the Project Completion Date; e) subject to the Province’s commitment in subsection 6.1 to pay a contribution toward certain Eligible Costs, be responsible for all Project Costs, including costs incurred in excess of the Project Costs specified in the Project Budget, if any; f) ensure that all goods and services, the cost of which are being contributed to by the Province under this Agreement, including, if applicable, shall be purchased or acquired at the Sitecompetitive prices that are no greater than Fair Market Value after deducting all trade discounts and similar items; (bg) take assume full responsibility at all times for the Project and all matters arising therefrom, as per appropriate standards and, without limiting the foregoing, oversee, manage and assume full responsibility for the completion of the Milestones as part of the Project goods and will take all reasonable steps to ensure that the Milestones are completed services provided by the relevant Completion Date; (c) manage the implementation of the Project in accordance with good operational any Third Parties and health and safety practices; (d) implement and manage the Project with all due diligence, care and skill and to a professional standard commensurate their compliance with the nature of the Project, including ensuring that the Project is carried out by appropriately trained, qualified, experienced and supervised persons; (e) notify EECA promptly of any matter that could impact or delay the Milestones or Project Reports or any other aspect of the Project; (f) attend regular meetings, including an initial meeting, with EECA to discuss progress with the Project; (g) promptly notify EECA if the Recipient becomes aware of any matter that constitutes a Conflict of Interest, providing full details of the matter; (h) not knowingly do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA or the New Zealand Government more generally. The Recipient will keep EECA informed of any matter known to the Recipient which could reasonably be expected to have such an effect; (i) comply with the project conditions detailed in Schedule 2 and Schedule 3 (if applicable); (j) be liable for all acts or omissions of any relevant sub-contractor if the Recipient sub-contracts with any third parties any aspect of its performance under this Agreement and any such sub-contracting will not release the Recipient from liability for the performance of any of its Recipient’s obligations under this Agreement; (kh) receive not alter the scope of the Project without the prior written consent of the Province; i) when awarding contracts or hiring personnel for the Project, use a fair and manage all EECA Funding competitive or otherwise justifiable and generally accepted sound business process that results in competent and qualified contractors and/or personnel working on the Project; j) provide open access to the resulting broadband network to other service providers in a fair, transparent, timely and non-discriminatory manner in accordance with good financial management section 5 of Schedule A and accounting practices and to a high standard that demonstrates appropriate use of public funds; (l) run a procurement process pursuant to no later than the time at which contracts for material components of the Recipient's Broadband Service is available. Any access provided on or before the Project will be awarded to suppliers Completion Date shall not reduce the minimum five (5) years requirements set out in accordance with good industry practice for procurement, and the Recipient must provide evidence that it has complied with this obligation if requested by EECA; and paragraph 8 (mc) ensure that the Project is fully commissioned and operational (as evidenced by a practical completion certificate or similar, as acceptable to EECA) by the due date of the relevant Milestone in Schedule 1. 3.2 The Recipient warrants that, as at the date of this Agreement:; (ak) it has full power and authority if applicable, if the Project assets are to be owned in whole or in part by a Third Party, enter into a contract with the Third Party that is consistent with the provisions of this Agreement and perform its include any clauses necessary to ensure the fulfilment of the Recipient’s obligations under this Agreement whichAgreement, when executedincluding the obligations set out in section 8, will constitute binding obligations on it in accordance with its terms; (b) all information and representations disclosed or made to EECA by the Recipient in connection with this Agreement are true and correct, do not omit any material matter, and are not likely to mislead or deceive EECA as to any material matter; paragraphs (c) it has disclosed any and all Conflicts of Interest to EECA; (d) it has disclosed to EECA all matters known to the Recipientj), relating to the Projectand subsections 12.1, that could reasonably be expected to have an adverse effect on the reputation12.2, good standing or goodwill of EECA; (e) it will obtain all necessary certificates12.3, licences15.1, permits15.2, approvals and other authorisations necessary for the Project in accordance with all applicable laws and the terms of this agreement; and (f) it is not aware of any material information that has not been disclosed to EECA which may, if disclosed, materially adversely affect the decision of EECA whether to provide the EECA Funding19. 3.3 The Recipient acknowledges that EECA has entered into this Agreement in reliance on these warranties.

Recipient's Obligations. 3.1 The Recipient will: (a) undertake the Project in accordance with this Agreement, including, if applicable, at the Site; (b) take full responsibility for the completion of the Milestones as part of the Project and will take all reasonable steps to ensure that the Milestones are completed by the relevant Completion Date; (c) manage the implementation of the Project in accordance with good operational and health and safety practices; (d) implement and manage the Project with all due diligence, care and skill and to a professional standard commensurate with the nature of the Project, including ensuring that the Project is carried out by appropriately trained, qualified, experienced and supervised persons; (e) notify EECA promptly of any matter that could impact or delay the Milestones or Project Reports or any other aspect of the Project; (f) attend schedule regular meetings, including an initial meeting, with EECA to discuss progress with the Project; (g) promptly notify EECA if the Recipient becomes aware of any matter that constitutes a Conflict of Interest, providing full details of the matter; (h) not knowingly at any time do anything that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA or the New Zealand Government more generally. The Recipient will keep EECA informed of any matter known to the Recipient which could reasonably be expected to have such an effect; (i) comply with the project specific conditions detailed in Schedule 2 and Schedule 3 (if applicable)2; (j) be liable for all acts or omissions of any relevant sub-contractor if the Recipient sub-contracts with any third parties any aspect of its performance under this Agreement and any such sub-contracting will not release the Recipient from liability for the performance of any of its obligations under this Agreement; (k) receive and manage all EECA Funding in accordance with good financial management and accounting practices and to a high standard that demonstrates appropriate use of public funds;; and (l) run a an open arm’s length procurement process pursuant to which contracts for material components of the Project will be awarded to suppliers in accordance with good industry practice for procurement, and the Recipient must provide evidence that it has complied with this obligation if requested by EECA; and (m) ensure that the Project is fully commissioned and operational (as evidenced by a practical completion certificate or similar, as acceptable to EECA) by the due date of the relevant Milestone in Schedule 1. 3.2 The Recipient warrants that, as at the date of this Agreement: (a) it has full power and authority to enter into and perform its obligations under this Agreement which, when executed, will constitute binding obligations on it in accordance with its terms; (b) all information and representations disclosed or made to EECA by the Recipient in connection with this Agreement are true and correct, do not omit any material matter, and are not likely to mislead or deceive EECA as to any material matter; (c) it has disclosed any and all Conflicts of Interest to EECA; (d) it has disclosed to EECA all matters known to the Recipient, relating to the Project, that could reasonably be expected to have an adverse effect on the reputation, good standing or goodwill of EECA; (e) it will obtain has obtained all necessary certificates, licences, permits, approvals and other authorisations necessary for the Project in accordance with all applicable laws and the terms of this agreement; and; (f) it is not aware of any material information that has not been disclosed to EECA which may, if disclosed, materially adversely affect the decision of EECA whether to provide the EECA Funding. 3.3 The Recipient acknowledges that EECA has entered into this Agreement in reliance on these warranties.