Responsibilities of Hirer Sample Clauses

Responsibilities of Hirer. 5.1. The Hirer must:- (a) Prior to entering into this agreement determine, using the Hirer’s sole judgment, the condition, suitability and fitness of the Plant for the purpose for which the Hirer requires the Plant; (b) Use the Plant in a skilful and proper manner and only for the purpose and within the capacity for which it was designed; (c) Ensure that the Plant is operated by a suitably qualified and (where necessary) licensed operator and used within its rated capacity; (d) Comply at its own expense, with all industrial and occupational health and safety laws, both state and commonwealth, which may apply to the Plant; (e) Prior to entering into this agreement , take out at its own cost and maintain for the Term policies of insurance for third party and public liability, indemnity cover of not less than the full new replacement cost of the Plant, and any other policies which may be directed by AG & Earth from time to time; (f) Provide all operators of the Plant with appropriate and prudent safety clothing and equipment and all manuals and instructions (written and oral) for the safe operation of the Plant; (g) At its own expense, clean, fuel, lubricate, check water and oil and keep the Plant in good condition; (h) Not undertake any repair, servicing, alteration, modification or tampering with the Plant without the prior written consent of AG & Earth. (i) Not alter or make any additions to the Plant, including, without limitation, alter, make any additions to, deface or erase any identifying mark, plate or number or any clock, or meter. (j) Acknowledge that pre-arranged major servicing may be carried out by AG & Earth during normal working hours during the Hire Period; (k) Replace all flat and/or damaged tyres or tracks; (l) Store the Plant safely and securely and protected from theft, damage, seizure or loss; (m) In the event that any repair or servicing appears necessary to the Plant the Hirer shall: (i) Immediately cease using the Plant; (ii) Take all steps necessary to prevent injury occurring to any persons or property as well as to the Plant; (iii) Advise AG & Earth immediately, initially by telephone and forthwith thereafter in writing (by facsimile transmission or by email); and not repair or attempt to repair the Plant. (n) Accept full responsibility for, and indemnify AG & Earth against all claims in respect of death or injury to persons, and/or loss or damage to property, arising out of the delivery, use, servicing, storage or possession of th...
Sample 1See All (4)
AutoNDA by SimpleDocs
Responsibilities of Hirer. 8.1 The Hirer shall: (a) Arrange all site connections and disconnections for power, communication, water, waste and other utilities as required. (b) Take all reasonably practicable steps to ensure that the installation site is safe at the time of delivery, relocation and/or removal (as applicable), at all times in compliance with the Health and Safety at Work Act 2015. (c) At its own expense clean and keep the Goods in good and substantial repair and condition, provided that the Hirer shall not undertake any repair or servicing and if any repair or servicing appears desirable shall advise the Owner immediately. (d) Clean the Goods properly and thoroughly upon completion of the hire, or if the Owner has agreed to take responsibility for the cleaning, pay the cleaning cost to the Owner as indicated on the cover sheet. (e) Accept full responsibility for the safekeeping of the Goods and (to the extent permitted by law and subject only to the exceptions as specified hereafter) indemnify the Owner for all loss, theft or damage to the Goods however caused, and for any other losses or damage suffered by the Owner in respect of hire of the Goods to the Hirer, whether or not such loss, theft or damage to the Goods or other losses or damages are attributable to any negligence, failure or omission of the Hirer. (f) Accept full responsibility for, and (to the extent permitted by law) indemnify the Owner against, all claims in respect of any injury to persons or damage to property, arising out of the use of the Goods during the hire period however arising, whether from negligence of the Hirer or any other person including, but without limitation, where the Goods are being operated for any reason by the Owner its servants or agents. (g) Not alter or make any additions to the Goods including, but without limitation, altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Goods or in any other manner interfere with the Goods. (h) Immediately on request by the Owner, advise the Owner of the whereabouts of the Goods and allow the Owner, its agents or servants reasonable time and access to inspect the Goods.
Sample 1
Responsibilities of Hirer. 6.1 The Hirer must:-‌ (a) prior to entering into this agreement determine, using the Hirer’s sole judgment, the condition, suitability and fitness of the Plant for the purpose for which the Hirer requires the Plant; (b) use the Plant in a skilful and proper manner and only for the purpose and within the capacity for which it was designed; (c) ensure that the Plant is operated by a suitably qualified and (where necessary) licensed operator and used within its rated capacity; SITEX – 30 Day Credit Account App + MHA FORM ID: AR002 Issue Date: July 2023 Version: 1 Page 7 of 12 (d) comply at its own expense, with all industrial and workplace health and safety laws, both state and commonwealth, which may apply to the Plant or its use;‌ (e) prior to entering into this agreement , take out at its own cost and maintain for the Term policies of insurance for third party and public liability, indemnity cover of not less than the full new replacement cost of the Plant, and any other policies which may be directed by Xxxxx from time to time; (f) provide all operators of the Plant with appropriate and prudent safety clothing and equipment and all manuals and instructions (written and oral) for the safe operation of the Plant; (g) at its own expense, clean, fuel, lubricate, check water and oil and keep the Plant in good condition; (h) not undertake any repair, servicing, alteration, modification or tampering with the Plant without the prior written consent of Sitex. (i) not alter or make any additions to the Plant, including, without limitation, alter, make any additions to, deface or erase any identifying mark, plate or number or any clock, or meter. (j) acknowledge that pre-arranged major servicing may be carried out by Sitex during normal working hours during the Hire Period; (k) replace all flat and/or damaged tyres or tracks; (l) store the Plant safely and securely and protected from theft damage seizure or loss; (m) in the event that any repair or servicing appears necessary to the Plant the Hirer must: (i) immediately cease using the Plant; (ii) take all steps necessary to prevent injury occurring to any persons or property as well as to the Plant; (iii) advise Sitex immediately, initially by telephone and forthwith thereafter in writing (by facsimile transmission or by email); and (iv) not repair or attempt to repair the Plant.‌‌ (n) indemnify Sitex against all liability, claims, loss, costs and expenses (including without limitation legal fees, costs and disburs...
Sample 1
Responsibilities of Hirer. The Hirer shall: (a) Determine the condition & suitability of the Plant hired for the purpose required. (b) Use the Plant in a proper manner & only for the purpose & within the capacity for which it was designed. (c) At his own expense maintain the Plant in good order & substantial repair & condition. (d) Accept full responsibility for the safekeeping of the Plant. It is the Hirers responsibility for the security & protection of the plant until collected by Encee, whatever the time frame. The Hirer is liable for: The cost of repairing any damage to leads, plugs, outlets & all other components of the Plant while on hire. The replacement cost of any Plant stolen while on hire. (e) Accept full responsibility for, & indemnify Encee against all claims in respect of injury to persons, or damage to property, arising out of the use of the plant during the hire period. (f) Not be entitled to place a lien over the Plant, nor without Xxxxx’s prior written consent part with possession of the Plant or assign the benefit of the hire agreement nor remove the Plant or allow it to be removed from the State. (g) Not alter, make any additions, deface the Plant or in any other manner interfere with the Plant. (h) Pay to Encee all hire & related charges & other costs.
Sample 1
Responsibilities of Hirer. 3.1 The Hirer shall determine the condition & suitability of the Mast Gantry for the purpose required. 3.2 The Hirer shall ensure that the Mast Gantry Safe Working Load (SWL 300 kg) is not exceeded at any time. To maintain maximum Safe Working Load SWL300kg, the hoist rope (hook) must not be lowered below jetty deck level in order to maintain minimum of 5 wraps on hoist drum. 3.3 The Hirer agrees that the Marina’s duly appointed staff shall be the sole judge in determining that the weather is suitable for Mast Stepping to be carried out. The Hirer agrees to cease work if requested to do so by any of the Marina’s appointed staff. 3.4 Mast Rigging must not be stored on the Mast Gantry Pier or footpath. Clear access must be maintained to the area at all times. Storage of rigs may be arranged with the Marina office short term or Doyle Sails long term. 3.5 The Hirer agrees to remove all associated debris associated with the Mast Gantry Hire from the area and place in the receptacles provided. 3.6 Absolutely NO PAINTING permitted on the Mast Gantry Pier. 3.7 Only Safe Working practices to be employed whilst using the Mast Gantry. Personnel hoisted aloft must use a bosun’s chair. 3.8 NO CHILDREN permitted on vessel or Pier whilst stepping masts. 3.9 The Hirer shall accept full responsibility for the safe use of the Mast Gantry & indemnify the Owner for all loss, theft or damage resulting from the use of, however caused & without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission of the Hirer.
Sample 1
Responsibilities of Hirer. 9.1 The Hirer acknowledges that by signing the Contract it has been instructed and understands how to safely operate the Equipment. The Hirer undertakes to ensure no one else uses the Equipment who is not properly instructed and shall not allow the Equipment to be used in any way other than in accordance with the instructions of the Owner and any applicable manual.
Sample 1
Responsibilities of Hirer 
Sample 1
AutoNDA by SimpleDocs

Related to Responsibilities of Hirer

  • RESPONSIBILITIES OF PARTIES A. BST will include billing number information associated with resold exchange lines or SPNP arrangements in its LIDB. The Local Exchange Company will request any toll billing exceptions via the Local Service Request (LSR) form used to order resold exchange lines, or the SPNP service request form used to order SPNP arrangements. B. Under normal operating conditions, BST shall include the billing number information in its LIDB upon completion of the service order establishing either the resold local exchange service or the SPNP arrangement, provided that BST shall not be held responsible for any delay or failure in performance to the extent such delay or failure is caused by circumstances or conditions beyond BST’s reasonable control. BST will store in its LIDB an unlimited volume of the working telephone numbers associated with either the resold local exchange lines or the SPNP arrangements. For resold local exchange lines or for SPNP arrangements, BST will issue line-based calling cards only in the name of Local Exchange Company. BST will not issue line- based calling cards in the name of Local Exchange Company’s individual end users. In the event that Local Exchange Company wants to include calling card numbers assigned by the Local Exchange Company in the BST LIDB, a separate agreement is required. C. BST will provide responses to on-line, call-by-call queries to the stored information for the specific purposes listed in the next paragraph. D. BST is authorized to use the billing number information to perform the following functions for authorized users on an on-line basis: 1. Validate a 14 digit Calling Card number where the first 10 digits are a line number or special billing number assigned by BST, and where the last four digits (PIN) are a security code assigned by BST. 2. Determine whether the Local Exchange Company has identified the billing number as one which should not be billed for collect or third number calls, or both.

  • Responsibilities of the Contractor The Contractor shall provide all technical and professional expertise, knowledge, management, and other resources required for accomplishing all aspects of the tasks and associated activities identified in the Scope of Work. In the event that the need arises for the Contractor to perform services beyond those stated in the Scope of Work, the Contractor and the City shall negotiate mutually agreeable terms and compensation for completing the additional services.

  • Responsibilities of Contractor A. The Contractor shall perform all work on the described project as required by the Contract documents. The work to be performed includes the labor and services necessary to produce such replacement, and all materials, supplies, tools, transportation, equipment, and machinery required for replacement. B. This project bid includes all materials, labor and equipment to complete the reconstruction and resurfacing of streets as outlined in the Project Manual for WWREYN - XXXXXXXX SANITARY SEWER - PHASE 1 dated March 25th, 2021 as outlined in Attachment A.

  • Responsibilities of Client a. Client shall exclusively retain the services of Consultant to perform the Scope of Work, in accordance with, and subject to, the other provisions of this Agreement. b. Client shall provide access for Consultant and its subcontractors to the Site, and shall enter into access agreements with other third party property owners, as necessary for Consultant to complete the performance of the Scope of Work. c. Client shall, as necessary to complete the Scope of Work: (i) cooperate and assist Consultant with the preparation and submittal, to PADEP, PAUSTIF, local governing authorities and others, of all information and documents including, without limitation, correspondence, notices, reports, data submittals, restrictive covenants, engineering and institutional controls, and the like; and (ii) implement and maintain any engineering or institutional controls. d. Client shall transmit to Consultant copies of all documentation, correspondence, reports, and the like, sent or received by Client, regarding the Scope of Work at the Site. e. Client shall make a good faith effort to minimize any and all interference with the progress of the Scope of Work if the Site is remodeled or otherwise modified. Client shall also make a good faith effort to place this condition on third parties that are not a party to this Agreement including, but not limited to, current owners, future owners, current operators, future operators, current lessees and future lessees.

  • Responsibilities of the Company 3.3.1 The Company shall provide participants of CopyTrade with a complete package of services according to the Customer Agreement. The Company is liable for proper performance of technological solutions according to the Customer Agreement. 3.3.2 The Company bears no liability to participants of CopyTrade for lost profit or losses, which may directly or indirectly occur as a result of trading operations performed or not performed by an Investor or a Trader. 3.3.3 The Company bears no liability to participants of CopyTrade for lost profit or losses, which may be directly or indirectly occur as a result of their ignorance of regulatory documents or cooperation scheme. 3.3.4 The Company doesn’t evaluate Traders’ professional skills and suitability not on a single stage of their activity and bears no responsibility to Investors for any losses or lost profit they may incur. 3.3.5 The Company is not liable for:

  • RESPONSIBILITIES OF CITY City or its representative shall issue all communications to Contractor. City has the authority to request changes in the work in accordance with the terms of this Agreement and with the terms in Exhibit A – Scope of Work. City has the authority to stop work or to suspend any work.

  • Responsibilities of Seller Anything herein to the contrary notwithstanding, the exercise by Agent, the Purchaser Agents and the Purchasers of their rights hereunder shall not release Servicer, any Originator or Seller from any of their duties or obligations with respect to any Receivables or under the related Contracts. The Purchasers shall have no obligation or liability with respect to any Receivables or related Contracts, nor shall any of them be obligated to perform the obligations of Seller.

  • Responsibilities of Consultant a. Consultant, as an independent contractor to Client, shall perform the Scope of Work (Exhibit A) in accordance with, and subject to, the other provisions of this Agreement. b. The Scope of Work shall be performed in accordance with all applicable federal, state, and local rules and regulations including, but not limited to, the requirements of the Storage Tank and Spill Prevention Act (Act 32 of 1989, as amended) and Pa. Code, Title 25, Chapter 245, established under the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995) and Pa. Code, Chapter 250 (Administration of Land Recycling Program). c. Consultant shall perform the Scope of Work for an amount not to exceed the Base Contract Price (“BCP”) of $[insert BCP] plus any Cost Adders, Optional Milestones and/or Unit Costs, subject to all other provisions of this Agreement. d. Consultant shall participate in periodic site meetings with the Client and PAUSTIF for site status updates. Consultant will be provided no less than ten (10) days written notice of the date, time, and location of the meeting by the Client/PAUSTIF through their third party administrator.

  • RESPONSIBILITIES OF THE OWNER The Owner agrees to: Provide all documentation, records, and disclosures as required by law or required by the Agent to manage and operate the Property, and immediately notify the Agent if the Owner becomes aware of any change in such documentation, records or disclosures, or any matter affecting the habitability of the Property; Indemnify, defend, and hold harmless the Agent, and all persons in the Agent's firm, regardless of responsibility, from all costs, expenses suits, liabilities, damages, attorneys fees, and claims of every type, including, but not limited to, those arising out of injury or death of any person, or damage to any real or personal property of any person, including the Owner, for: Any repairs performed by the Owner or by others hired directly by the Owner; or Those relating to the management, leasing, rental, security deposit, or operation of the Property by the Agent, or any person in the Agent's company, or the performance or exercise of any of the duties, powers, or authorities granted to the Agent; This sub-section, and all rights to the Agent’s indemnification, shall be considered void if the Agent exemplifies any willful acts of gross negligence; Maintain the Property in a condition fit for human habitation as required by applicable State and local laws; Pay all interest on Tenants’ security deposits if required by applicable laws; Carry and pay for: Public and premises liability insurance in an amount of no less than one-million dollars ($1,000,000.00); and Property damage and worker’s compensation insurance adequate to protect the interests of the Owner and the Agent. The Agent shall be, and the Owner authorizes Agent to be, named as an additional insured party on the Owner’s policies; and Pay any late charges, penalties and/or interest imposed by lenders or other parties for failure to make payment only if the failure is due to insufficient funds in the Agent’s trust account available for such payment. In addition, the Owner agrees to replace any funds required if there are insufficient funds in the Agent’s trust account to cover such responsibilities of the Owner.

  • Responsibilities of Customer 5.1 To the extent that the Supplier requires access to the Customer Site to perform the Services, the Customer shall provide such access during Normal Business Hours and to provide a suitable work environment to enable the Supplier to perform such Services subject to the Supplier complying with such internal policies and procedures of the Customer (including those relating to security and health and safety) as may be notified to the Supplier in writing from time to time. 5.2 The Customer shall co-operate with the Supplier in all matters relating to the Services and shall appoint a Representative (“Customer Representative”), who shall have authority to commit the Customer on all matters relating to the relevant Service. 5.3 The Customer agrees and acknowledges the terms of the applicable Licence Agreements, Customer Agreement and that such terms shall form part of this Agreement. For the avoidance of doubt, in the event the applicable Licence Agreements and/or Customer Agreement is not applicable to the Services being received or delivered by the Supplier to the Customer under this Agreement, such agreements shall not apply. 5.4 Customer shall; (a) adhere to the Acceptable Use Policy; (b) be a bona fide licenced user of all Third-Party Software used in the provision of the Services; (c) co-operate with the Supplier in all matters relating to the Services as reasonably requested by the Supplier; (d) adhere to the dates scheduled for provision of Services by the Supplier to the Customer as stated in the applicable Statement of Work or otherwise agreed between the Parties in writing. In the event the Customer wishes to reschedule or cancel the dates for the provision of Services, liquidated damages (“Liquidated Damages”) will become payable from the Customer to Supplier on the following basis: (i) If dates are changed or cancelled at the Customer’s request more than 14 days before the scheduled start date no Liquidated Damages are payable. (ii) If dates are changed or cancelled between 7 days and 14 days before the scheduled start date Liquidated Damages equivalent to 50% of the Fees for the Services to be provided at that time will be payable. (iii) If dates are changed or cancelled less than 7 days before the scheduled start date Liquidated Damages equivalent to 100% of the Fees for the Services to be provided at that time will be payable. (e) inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Customer’s premises; (f) in respect of any Microsoft funded services, sign and deliver the Microsoft Proof of Execution (XXX) within 7 days of the date of issue by Microsoft. In the event that the Customer does not return the XXX within the 7 days’ notice period, the Supplier may be entitled to charge the Customer the amounts directly and the Customer shall follow the payment terms in this Agreement.; (g) maintain continuous global admin access to the Customer’s relevant Microsoft (h) Where a Microsoft Cloud service is deployed / utilised within the project the Customer shall assign the Supplier to be the Digital Partner of Record for a minimum of twelve (12) months from project completion date; (i) provide appropriate hardware interface, software and access authorisation to enable remote diagnosis, should such capability be required; (j) provide all information and make available all resources as reasonably requested by Supplier in the execution of its obligations under this Agreement; (k) use all reasonable efforts to follow the reasonable instructions of Supplier support personnel with respect to the resolution of defects; (l) gather all relevant information prior to requesting assistance in respect of any defects including detailed defect description, and procedures required to replicate a problem if possible. Any additional information which may help in the diagnosis of a defect should be included such as network configuration details; (m) agree that if, in the course of performing the Services, it is reasonably necessary for the Supplier’s performance of its obligations under a Statement of Work for Supplier to access or use any equipment, software or data of the Customer (or which is in the possession of the Customer) then it shall where it is able to do so grant to Supplier a non-exclusive, royalty free, terminable licence to use the same solely for the purpose of delivering the Services only for as long as is strictly necessary to deliver such Services; and (n) provide network and user access between Customer’s and Supplier’s data centres. 5.5 To the extent that the Supplier requires access to the Customer’s Operating Environment to perform the Dedicated Support, the Customer shall use reasonable endeavours to provide such access during Normal Business Hours and to provide a suitable work environment to enable the Supplier to perform such Dedicated Support subject to the Supplier complying with such internal policies and procedures of the Customer (including those relating to security and health and safety) as may be notified to the Supplier in writing from time to time. 5.6 The Customer shall (unless otherwise specified in the Statement of Work or as otherwise set out in this Agreement): (a) use the Services only for lawful purposes and in accordance with this Agreement; (b) keep secure from third parties any passwords issued to the Customer by the Supplier; (c) install or, permit the Supplier to install, the current version of software required to provide the Dedicated Support from time to time when upgrades or fixes occur and to provide a reasonable level of assistance in implementation and testing; (d) provide notice of intention to change applicable Customer-side Equipment or Customer Operating Environment or data-feeds that will directly impact the Dedicated Support; (e) comply with all applicable laws and regulations with respect to its activities under this Agreement, including those set out in Clause 20; (f) carry out all other Customer responsibilities set out in this Agreement and the Statement of Work in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the Parties, the Supplier may adjust any timetable or delivery schedule set out in this Agreement as reasonably necessary; (g) use the Third-Party Software and/or Software correctly in accordance with its operating instructions; (h) notify Supplier promptly of any problems with the Third-Party Software and/or Software; and (i) use only versions of the Third-Party Software and/or Software covered by Microsoft in mainstream or extended support unless otherwise agreed in writing. 5.7 In the event that the Customer is in breach of its obligations under the Agreement (excluding payment obligations) then the Supplier shall provide written notice of such breach, specifying in detail the nature of the breach and providing thirty (30) Business Days’ notice to remedy such breach if capable of remedy. If the Customer fails to remedy such breach the Supplier shall be entitled to terminate or suspend the Services without prejudice to any pre-existing rights and obligations of either Party. The Supplier shall have no liability or responsibility should the Services fail to comply with the Statement of Work and/or Service Level Agreements as a direct result of the Customer (including without limitation any of its employees, subcontractors or any of its staff) being in breach of the Agreement. 5.8 In the event that the Customer is in breach of its payment obligations under the Agreement then the Supplier shall provide written notice of such breach, specifying in detail the nature of the breach and providing thirty (30) days notice to remedy such breach if capable of remedy. If the Customer fails to remedy such breach the Supplier shall be entitled to terminate or suspend the Services without prejudice to any pre- existing rights and obligations of either Party. The Supplier shall have no liability or responsibility should the Services fail to comply with the Statement of Work and/or Service Level Agreements as a direct result of the Customer (including without limitation any of its employees, subcontractors or any of its staff) being in breach of the Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!