RESPECTIVE OBLIGATIONS. The respective obligations of each Purchaser under this Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance of the obligations of any other Purchaser under this Agreement. The failure or waiver of performance under this Agreement by any Purchaser, or on its behalf, does not excuse performance by any other Purchaser. Nothing contained herein or in any other Basic Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by any Basic Document. Except as otherwise provided in this Agreement or the other Basic Documents, each Purchaser shall be entitled to independently protect and enforce its rights, including the rights arising out of this Agreement or out of the other Basic Documents, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.
RESPECTIVE OBLIGATIONS. 3.1. Subject to the Client fulfilling the obligations under this Agreement and the Įegal Documents, the Company shall provide the Client with the ability to make operations prescribed by the ca- pabilities of Website Portal and the Įegal Documents.
3.2. The Company shall execute all Client transactions on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute Client transactions even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and the Įegal Documents, to monitor or advise the Client on the status of any Client transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifi- cally agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favourable than those offered through the trading platform.
3.3. The Client shall not be entitled to demand the Company to provide investment or trading advice, or any information intended to encourage the Client to make any particular transaction.
3.4. If the Company does provide advice, information or recommendations to the Client, the Com- pany shall not be held responsible for the consequences or result received from using these recommendations or advice. The Client acknowledges that the Company shall not, in the absence of fraud, intentional failure to carry out its responsibilities or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mis- take in any information given to the Client including, but not limited to, information regarding any Client transactions. Though the Company has the right to void or close any transaction in the specific circumstances set out in this Agreement or corresponding Įegal Documents, any trans- action the Client carries out following such an inaccuracy or mistake shall nonetheless remain valid and binding in all respects both on the side of the Company and of the Client.
3.5. The Company shall not affect physical delivery of currency in the settlement of any trading operation. Profit or loss in the deposit currency is deposited to/withdrawn from the Client’s trad- ing account immediately after a position is closed.
3.6. The Company and/or any related party of the Company or other affiliated parties may have material interest, a legal relationship or arrangement concerning a specifi...
RESPECTIVE OBLIGATIONS. Seller’s obligations:
1. The seller shall deliver the goods to the buyer at the customer-designated place in time pursuant to the provisions hereof.
2. The seller shall supervise the buyer’s legal and regulatory compliance in performance of this contract. Party B’s obligations:
1. The buyer shall perform its obligations hereunder as required by the seller.
2. The buyer shall subject itself to the supervision and management of the seller.
3. The buyer shall comply with the seller’s principles of exclusive sale and may not offer for sale or sell any of the seller’s products in conjunction with any other products in any manner.
4. The buyer shall comply with the national laws and regulations (including with respect to fire protection and security and etc.), any and all rules regarding distributors published by the seller, the Code of Conduct for Marketing Personnel, the Ten Prohibitions for Marketing Personnel, the Rules and Regulations for Marketing Business and the operational rules published by the seller. In addition, the rules and regulations of the seller for business representatives shall all apply to the distributors.
5. The buyer may not conduct any activities detrimental to the corporate image and reputation or conduct any business activities unrelated to the seller’s products at any place approved according to Section 4 hereof.
RESPECTIVE OBLIGATIONS. General The following principles shall apply in respect of responsibility for the environmental condition of the Lands:
(a) The Vendor and the Purchaser agree that the AMEC Current Environmental Report is the best available evidence describing the environmental condition of the Lands as at the date of this Agreement;
(b) The Vendor’s responsibility for remediating or otherwise addressing any matters identified in the AMEC Current Environmental Report is strictly limited to the removal of certain hydrocarbons identified in said report, in the manner and to the extent described in the Relocation / Demolition Scope of Work; and
(c) Subject only to the Vendor’s responsibility: (i) to address Remaining Material Site Conditions as set out in section 11.2(c); and (ii) for the Lands’ compliance with Environmental Laws at the Closing Date; the Vendor shall not be obligated to remediate the Lands or otherwise address: (1) the soil, groundwater or other environmental conditions of the Lands as at the Closing Date; or (2) any future conditions that may arise or result from any such conditions that exist as at the Closing Date.
RESPECTIVE OBLIGATIONS. 4.1 Tussell will provide the Services with all reasonable skill and care and in accordance with Good Industry Practice.
4.2 Tussell warrants that (a) it has the right to grant the licences expressly granted by it under this Agreement and that the Customer will not infringe any third party Intellectual Property Rights by using the Services and (b) it shall comply with all applicable laws and regulations in gathering and providing the Dashboard. The Dashboard contains public sector information (a) licensed for use by the UK Government under the Open Government Licence v3.0 and/or (b) from the EU Tenders Electronic Daily website licenced for re-use by the European Commission.
4.3 The Customer shall (and shall procure that Customer personnel shall) only use the Services for lawful purposes and shall comply with all applicable laws and regulations when using the Services.
4.4 The Customer will in accordance the terms of this Agreement promptly provide Tussell with all reasonable co-operation, access, information and input required by Tussell to perform its obligations under this Agreement.
4.5 The Customer will be responsible for ensuring it has compatible browser and functioning internet connections and for the hardware, operating system and related software required to access the Services.
4.6 The Customer will be solely responsible for the security, and for the back-up, of its own data and Tussell will have no liability for any loss or corruption of any such data.
4.7 Tussell will, during the term of a Subscription, provide the Customer with telephone and online support in accordance with its support policy from time to time.
4.8 Except as expressly provided in this Agreement, no other warranties, undertakings, conditions or terms of any kind, whether express or implied, statutory or otherwise will apply, and all warranties, conditions, terms or other undertakings implied at law or by custom as to the condition, quality, performance, satisfactory quality or fitness for purpose of the Services or any part thereof are excluded. In particular:
(a) you assume sole responsibility for results obtained from the use of the Dashboard and for conclusions drawn from such use;
(b) no condition, warranty, representation or other term is given or entered into to the effect that that use of the Services will be uninterrupted or error-free or that they will perform to or operate in accordance with any particular standard.
RESPECTIVE OBLIGATIONS. Each of the Parties hereto and their respective representatives will hold in confidence any data and information obtained with respect to any other Party, or the business of any other Party, from any representative, officer, director or employee of such Party, or from any books or records of such Party in connection with this Agreement or the transactions contemplated by this Agreement, and shall not use such data and information except for the reasonable due diligence purposes of such Party exclusively related to the transactions contemplated hereby. No Party receiving such confidential information shall disclose such information to any person except for such Party's officers, directors, independent accountants, legal counsel or other representatives (collectively, ""Agents'') with a need to know such information for the purpose of evaluating the transactions contemplated hereby. The Parties will inform their respective agents that by receiving any such confidential information, they are agreeing to be bound by the terms of this Section
9.1. Confidential information shall not include information in the public domain, information published or disseminated by the Party generating such information without restriction to other persons, information which is independently developed by the other Party, information identified in writing by the furnishing Party as not being confidential or information which is required by any applicable law or regulation to be disclosed.
RESPECTIVE OBLIGATIONS. In addition to any obligations found elsewhere in this Agreement, the City and the Developer shall comply with the following to-wit:
Section 4.1 Verification of Project Parcel Ownership. Attached hereto and marked as Exhibit D and incorporated herein, is The City’s Approval of the Project Parcel Ownership. The Developer shall, prior to funding, provide American Land Title Association (ALTA) title insurance policy to the City, verifying the LVH Real Estate, LLC, is the fee simple title holder of the Parcel. The Developer shall also provide to the City written confirmation of Lodi Veterinary Hospital, S.C and LVH Real Estate, LLC are in good standing with the Wisconsin Department of Financial Institutions, by providing a current Certificate of Status, provide the City with certified copies of its Articles of Incorporation and Bylaws and provide an Affidavit of the identity of all members holding ownership interest in Lodi Veterinary Hospital, S.C. and LVH Real Estate, LLC. In addition the Developer shall provide written verification of a corporate resolution approving the acceptance of the terms and conditions of the Tax Incremental Financing Developer’s Performance Agreement, and entry into the Construction Project Building Contract.
RESPECTIVE OBLIGATIONS. 6.1 We shall, communicate to you primarily using an internet-based mobile software application, which we agree to license to you and for which you agree to pay for a user licence, information as to available services which you will undertake as principal.
6.2 With the exception of services where you have agreed to act as our agent, such as the aforementioned account work, you shall at your sole discretion accept a service and perform your service for the client therein.
6.3 Subject to clause 6.2 above, you agree to perform and complete a minimum of 15 individual service jobs per calendar month.
6.4 You acknowledge and accept when acting in the capacity of our agent you will be held liable for any act or omission attributable to you that results in our loss of any account.
6.5 You agree that any queries regarding an account job you have performed as an agent must be raised, using the firms’ website portal and prescribed form alone, within 5 calendar days of the jobs completion. We reserve the right to reject any query not complying with this clause.
RESPECTIVE OBLIGATIONS. A. Tenant agrees that this is a triple net lease, and that Tenant accordingly shall be responsible for all obligations which are normally imposed on the owner of real estate with respect to the Premises which may accrue during the Term including, without limitation, responsibility to pay the rent, monthly sales tax, annual real estate taxes, and for all utilities, including gas, heat, electric, water, and other public utilities furnished it or consumed by it, in or upon the demised premises during the term hereof. Tenant will keep the interior of the demised premises and appurtenances, including plate glass, electrical wiring, plumbing, heating and air conditioning installations, and any other system or equipment upon the Premises in good order and repair (excepting reasonable wear and tear), and in a clean, safe and healthy condition (excepting however, all repairs made necessary by reason of the happening of fire and other unavoidable casualty normally covered by insurance) at its own cost and expense. Tenant shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and: See Additional provisions paragraph 36 for further respective obligations.
B. The Landlord shall, at its own cost and expense, maintain the exterior of the building, the roof and structural members of the building of which the demised premises form a part. Landlord shall keep the improvements on the Premises free from water and sewage back-up or overflow with the exception of damage by fire, casualty, war, or acts of God. However, if any of the aforementioned repairs are made necessary by reason of Tenant's use and occupancy of the demised premises in a manner inconsistent with the reasonable use and occupancy thereof, or the negligence of the Tenant, its agents, servants, employees and invites, or by reason of alterations made by the Tenant, then and in any of said events, such repairs shall be made by the Tenant at its own cost and expense. See Additional provisions paragraph 36 for further respective obligations.
RESPECTIVE OBLIGATIONS. Except as otherwise provided herein to the contrary, each party shall be solely responsible for the payment of his or her respective attorneys’ fees and costs incurred in this proceeding, and each party shall indemnify and hold the other party harmless with respect thereto.
