Rights and Liabilities. The guarantee and right to require purchase will be directly en- forceable by Holder notwithstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guar- xxxxx by Xxxxxx. Nothing contained herein shall constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse FmHA or its successor agency under Public Law 103– 354 for any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, FmHA or its successor agency under Public Law 103–354 would not be required to make. The Holder(s) upon written notice to the Lender may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder. An endorse- ment may be added to the Form FmHA or its successor agency under Public Law 103–354 1980–70 to effectuate the transfer. Lender: Address: By llllllllllllllllllllll Title lllllllllllllllllllll Attest: lllllllllllllllllll (SEAL) Holder: Address: By llllllllllllllllllllll Title lllllllllllllllllllll Attest: lllllllllllllllllll (SEAL) United States of America Farmers Home Administration or its suc- cessor agency under Public Law 103–354 Address: lllllllllllllllllll By llllllllllllllllllllll Title lllllllllllllllllllll [54 FR 5, Jan. 3, 1989, as amended at 54 FR 14792, Apr. 13, 1989; 54 FR 26946, June 27, 1989] APPENDIX J TO SUBPART E OF PART 1980 [RESERVED] APPENDIX K TO SUBPART E OF PART 1980—REGULATIONS FOR LOAN GUAR- ANTEES FOR DISASTER ASSISTANCE FOR RURAL BUSINESS ENTERPRISES
A. In general
(1) Form FmHA or its successor agency under Public Law 103–354 1980–71, ‘‘Lender’s Agreement—Disaster Assistance for Rural Business Enterprise Guaranteed Loans,’’ will be used instead of Form FmHA or its suc- cessor agency under Public Law 103–354 449– 35, ‘‘Lender’s Agreement.’’
(2) Form FmHA or its successor agency under Public Law 103–354 1980–72, ‘‘Loan Note Guarantee—Disaster Assistance for Rural Business Enterprise Guaranteed Loans,’’ will be used instead of Form FmHA or its suc- cessor agency under Public Law 103–354 449– 34, ‘‘Loan Note Guarantee.’’
(3) Form FmHA or its successor agency under Public Law 103–354 1980–73, ‘‘Assign- ment Guarantee Agreement—Disaster As- sistance for Rural Business Enterprise Guar- anteed Loans,’’ will be used instead of Form FmHA or its successor agency under Public...
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder not withstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guarantee by Xxxxxx. Nothing contained herein shall constitute any waiver by USDA of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse USDA for any payment made by USDA to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, USDA would not be required to make. The Holder upon written notice to the Lender and USDA may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder. 7. Repurchase by the Lender (Defaults). The Lender has the option to repurchase the unpaid guaranteed portion of the loan from the Holder within 30 days of written demand by the Holder when: (a) the Borrower is in default not less than 60 days on principal or interest due on the loan or (b) the Lender has failed to remit to the Holder its pro rata share of any payment made by the Borrower or any loan subsidy within 30 days of its receipt thereof. The repurchase by the Lender will be for an amount equal to the unpaid guaranteed portion of principal and accrued interest, less the Lender’s servicing fee. The loan note guarantee will not cover the note interest to the Holder on the guaranteed loan accruing after 90 days from the date of the demand letter to the lender requesting the repurchase. Holder will concurrently send a copy of demand to USDA. The Lender will accept an assignment without recourse from the Holder upon repurchase. The Lender is encouraged to repurchase the loan to facilitate the accounting for funds, resolve the problem, and to permit the borrower to cure the default, where reasonable. The Lender will notify the Holder and USDA of its decision.
Rights and Liabilities. 2.1 THE PRESIDENT hereby grants to the Working Interest Owners the Petroleum concessions and other rights more particularly described in this Agreement, including but not limited to conducting or causing to be conducted Petroleum exploration, prospecting, development and production operations hereunder including the transportation (whether by pipeline or otherwise), storage, terminalling, export and sale of Petroleum, subject to the provisions of this Agreement.
2.2 In respect of Joint Operations conducted under the authority of this Agreement, the Licence or any Lease(s) granted over any part of the Area:
a) [XYZ/ ABC] shall be the Operator, subject to the provisions of the Joint Operating Agreement and no change in operatorship will take place without the consent of the DGPC.
b) The Joint Operations shall be conducted diligently, with due regard to Good International Oilfield Practices and in conformity with the requirements of the Rules and all applicable laws and regulations.
c) Every important agreement and contract relating to Joint Operations shall be consistent with the provisions of this Agreement and the Rules.
2.3 This Agreement contemplates Joint Operations which may require the construction and operation of temporary or permanent exploration and production facilities (including pipelines) both within and outside the Area. THE PRESIDENT, subject to relevant rules, laws and policies, agrees to assist the Working Interest Owners in the carrying out of all Joint Operations contemplated hereunder including the construction and operation of such facilities and in obtaining for the Operator and its contractors and subcontractors such communication permits (radio, telex, telefax, telephone, PABX, etc.) or other clearances, permits and authorizations as shall be necessary or convenient in this regard including the approval required for opening a branch office in Pakistan.
2.4 This Agreement does not create a partnership or any taxable entity but is solely a joint operating arrangement among the Parties.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder notwithstanding any fraud or misrepresentation by Lender or any unenforceability of the Loan Note Guarantee by Lender. Nothing contained herein shall constitute any waiver by USDA of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse USDA for any payment made by USDA to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, USDA would not be required to make. The Holder upon written notice to the Lender and USDA may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder.
Rights and Liabilities. The guarantee and right to require pur- chase will be directly enforceable by Holder notwithstanding any fraud or misrepresenta- tion by Lender or any unenforceability of this Loan Note Guarantee—DARBE by Lend- er. Nothing contained herein will constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it pos- sesses against the Lender. Lender will be lia- ble for and will promptly pay to FmHA or its successor agency under Public Law 103–354 any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which if such Lender had held the xxxxxx- xxxx portion of the loan, FmHA or its suc- cessor agency under Public Law 103–354 would not be required to make.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder notwithstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guar- xxxxx—XXXXX by Xxxxxx. Nothing con- tained herein shall constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it possesses against the Lender, and the Lender agrees that Lender will be liable and will promptly xxxx- xxxxx FmHA or its successor agency under Public Law 103–354 for any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which, if such Lender had held the guaranteed portion of the loan, FmHA or its successor agency under Public Law 103–354 would not be required to make. The Holder(s) upon written notice to the Lender may resell the unpaid balance of the guaranteed portion of the loan assigned here- under. An endorsement may be added to the Form FmHA or its successor agency under Public Law 103–354 1980–73 to effectuate the transfer.
Rights and Liabilities. The Parties are authorized to discuss and agree on their respective rights; fair and reasonable allocation of liabilities among the Parties; apportionment of damages; satisfaction of claims; procurement of insurance and management of claims thereunder; and indemnities for activities under this Agreement; matters pertaining to cargo loss or damage, damage or loss to containers or other equipment; schedule or delivery delays; loss or damage to a vessel; accidents; hazardous, dangerous, breakbulk, or oversized cargo; loss or damage caused by cargo; damage to persons or property; failure to perform; force majeure; and any other liability among the Parties or to third parties.
Rights and Liabilities. At the Effective Time:
8.1 All the rights, privileges, and powers of the Company and all property and all debts due to the Company, as well as all other things and causes of action belonging to the Company, shall remain vested in the Corporation and shall be the property of the Corporation.
8.2 All actions and resolutions of the manager and the member, as applicable, taken or adopted from the inception of the Company prior to the Effective Time shall continue in full force and effect as if the Corporation’s board of directors and the stockholders, respectively, had taken such actions and adopted such resolutions.
8.3 All rights of creditors and all liens upon any property of the Company shall be preserved unimpaired, and all debts, liabilities, and duties of the Company shall remain attached to the Corporation and may be enforced against the Corporation to the same extent as if said debts, liabilities, and duties had originally been incurred or contracted by the Corporation in its capacity as a Delaware corporation.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder not withstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guarantee by Xxxxxx. Nothing contained herein shall constitute any waiver by Government of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable
Rights and Liabilities. End User agrees to protect the Software from access, use, display, reproduction or distribution except as expressly authorized herein. Any other access, use, application, display, reproduction or distribution and any transfer, sublicense or assignment is prohibited except with the prior express written consent of ACOM Health. Without limiting the generality of the foregoing provisions, the Software shall be used by End User solely for its internal purposes and End User shall not use the Software to perform functions, whether on a subcontract basis or otherwise, for other persons or entities. End User further agrees that the Software, the supporting documentation, and all input and information related thereto is confidential and proprietary to ACOM Health and agrees to take all reasonable steps to protect the Software and related documentation, input and information from dissemination to any third party, including, without limitation, any agents, parent or affiliated individual or organization of End User. End User shall be responsible, at its expense, for the proper configuration of the hardware and/or operating system and/or communication software or equipment in accordance with ACOM Health’s specifications. Any costs for changes in computer equipment, operating systems and/or accessories required in connection with any software change shall be the responsibility of the End User.
