Rights and Responsibilities. The responsibilities of the Company are as follows: To do and execute all acts with respect to executing the Musharakah Agreement and to negotiate with the Issuer on behalf of the Investor in relation thereto, in line with the clauses mentioned in this Wakalah Agreement; To receive the capital and profit (if any) upon maturity of the Project from the Issuer; To disburse the capital and profit (if any) received from the Issuer to the Investor; To negotiate in good faith and in the best interests of the Investor Group, in a situation where the planned negotiations related to this Project do not meet expectations of returns or the Project Tenure. To monitor the Project and provide periodic reports, upon the request of the Investor, on the progress in relation to the Project Milestones as defined in Section 7 of the Appendix, based on information provided to the Company by the Issuer. To facilitate and process contracts with the Investor Group and provide other services related to managing the investment process and attending to the investor needs. The Company shall not be obliged to extend services except for the responsibilities specified above. As such, the Company will not be liable for any loss of capital or profit in any circumstances, including in the event the project delays or fails. The Investor shall not be obliged to agree to any request from the Company if the Investor believes that the request is in contravention of any law, policy, rules or regulations. Except for the specific purposes of this appointment and as expressed in the Agreement, this appointment shall not create or be deemed to create any other form of partnership or joint venture between the Investor and the Company. No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 6 contracts
Samples: Wakalah Agreement, Wakalah Agreement, Wakalah Agreement
Rights and Responsibilities. 3.1. The responsibilities of the Company are as follows: :
3.1.1. To do and execute all acts with respect to executing the Musharakah Agreement purchase of the Assets from the Developer through purchase agreements, certificates and other instruments and to negotiate with the Issuer Developer on behalf of the Investor in relation thereto, in line with the clauses mentioned in this Wakalah Agreement; ;
3.1.2. To facilitate the Sale of Assets and rights to ownership (including all related legal documents) on behalf of the Investor Group;
3.1.3. To receive the capital and profit Sale Price from the Bank via the Project Account; and
3.1.4. To distribute the Profit from the sale (including compensation, if any) upon maturity of the Project from the Issuer; To disburse the capital and profit (if any) received from the Issuer to the Investor; .
3.1.5. To negotiate in good faith and in the best interests of the Investor Group, in a situation where the planned sale or negotiations related to this Project do not meet expectations of returns or the Project Projected Tenure.
3.1.6. To monitor the Project and provide periodic reports, upon the request of the Investor, on the progress in relation to the Project Milestones as defined in Section 7 of the Appendix, based on information provided to the Company by the IssuerDeveloper.
3.1.7. To facilitate and process contracts with the Investor Group and provide other services related to managing the investment process and attending to the investor needs.
3.2. The Company shall not be obliged to extend services except for the responsibilities specified above. As such, the Company will not be liable for any loss of capital or profit in any circumstances, including in the event the project delays or fails.
3.3. The Investor shall not be obliged to agree to any request from the Company if the Investor believes that the request is in contravention of any law, policy, rules or regulations.
3.4. Except for the specific purposes of this appointment and as expressed in the Agreement, this appointment shall not create or be deemed to create any other form of partnership or joint venture between the Investor and the Company.
3.5. No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Samples: Wakalah Agreement, Wakalah Agreement, Wakalah Agreement
Rights and Responsibilities. 3.1. The responsibilities of the Company are as follows: :
3.1.1. To do and execute all acts with respect to executing the Musharakah Agreement purchase of the Assets from the Developer through purchase agreements, certificates and other instruments and to negotiate with the Issuer Developer on behalf of the Investor in relation thereto, in line with the clauses mentioned in this Wakalah Agreement; ;
3.1.2. To facilitate the Sale of Assets and rights to ownership (including all related legal documents) on behalf of the Investor Group;
3.1.3. To receive the capital and profit Sale Price from the Bank via the Project Account ; and
3.1.4. To distribute the Profit from the sale (including compensation, if any) upon maturity of the Project from the Issuer; To disburse the capital and profit (if any) received from the Issuer to the Investor; .
3.1.5. To negotiate in good faith and in the best interests of the Investor Group, in a situation where the planned sale or negotiations related to this Project do not meet expectations of returns or the Project Projected Tenure.
3.1.6. To monitor the Project and provide periodic reports, upon the request of the Investor, on the progress in relation to the Project Milestones as defined in Section 7 of the Appendix, based on information provided to the Company by the IssuerDeveloper.
3.1.7. To facilitate and process contracts with the Investor Group and provide other services related to managing the investment process and attending to the investor needs.
3.2. The Company shall not be obliged to extend services except for the responsibilities specified above. As such, the Company will not be liable for any loss of capital or profit in any circumstances, circumstances including in the event the project delays or fails.
3.3. The Investor shall not be obliged to agree to any request from the Company if the Investor believes that the request is in contravention of any law, policy, rules or regulations.
3.4. Except for the specific purposes of this appointment and as expressed in the Agreement, this appointment shall not create or be deemed to create any other form of partnership or joint venture between the Investor and the Company.
3.5. No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Wakalah Agreement, Wakalah Agreement
Rights and Responsibilities. 3.1. The responsibilities of the Company are as follows: :
3.1.1. To do and execute all acts with respect to executing the Musharakah Agreement and to negotiate with the Issuer on behalf of the Investor in relation thereto, in line with the clauses mentioned in this Wakalah Agreement; ;
3.1.2. To receive the capital and profit (if any) upon maturity of the Project from the Issuer; ;
3.1.3. To disburse the capital and profit (if any) received from the Issuer to the Investor; ;
3.1.4. To negotiate in good faith and in the best interests of the Investor Group, in a situation where the planned negotiations related to this Project do not meet expectations of returns or the Project Tenure.
3.1.5. To monitor the Project and provide periodic reports, upon the request of the Investor, on the progress in relation to the Project Milestones as defined in Section 7 of the Appendix, based on information provided to the Company by the Issuer.
3.1.6. To facilitate and process contracts with the Investor Group and provide other services related to managing the investment process and attending to the investor needs.
3.2. The Company shall not be obliged to extend services except for the responsibilities specified above. As such, the Company will not be liable for any loss of capital or profit in any circumstances, including in the event the project delays or fails.
3.3. The Investor shall not be obliged to agree to any request from the Company if the Investor believes that the request is in contravention of any law, policy, rules or regulations.
3.4. Except for the specific purposes of this appointment and as expressed in the Agreement, this appointment shall not create or be deemed to create any other form of partnership or joint venture between the Investor and the Company.
3.5. No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Wakalah Agreement, Wakalah Agreement
Rights and Responsibilities. 3.1. The responsibilities of the Company are as follows: :
3.1.1. To do and execute all acts with respect to executing the Musharakah Agreement purchase of the Assets from the Developer through purchase agreements, certificates and other instruments and to negotiate with the Issuer Developer on behalf of the Investor in relation thereto, in line with the clauses mentioned in this Wakalah Agreement; ;
3.1.2. To facilitate the Sale of Assets and rights to ownership (including all related legal documents) on behalf of the Investor Group;
3.1.3. To receive the capital and profit Sale Price from the Bank via the Project Account ; and
3.1.4. To distribute the Profit from the sale (including compensation, if any) upon maturity of the Project from the Issuer; To disburse the capital and profit (if any) received from the Issuer to the Investor; .
3.1.5. To negotiate in good faith and in the best interests of the Investor Group, in a situation where the planned sale or negotiations related to this Project do not meet expectations of returns or the Project Projected Tenure.
3.1.6. To monitor the Project and provide periodic reports, upon the request of the Investor, on the progress in relation to the Project Milestones as defined in Section 7 6 of the Appendix, based on information provided to the Company by the IssuerDeveloper.
3.1.7. To facilitate and process contracts with the Investor Group and provide other services related to managing the investment process and attending to the investor needs.
3.2. The Company shall not be obliged to extend services except for the responsibilities specified above. As such, the Company will not be liable for any loss of capital or profit in any circumstances, circumstances including in the event the project delays or fails.
3.3. The Investor shall not be obliged to agree to any request from the Company if the Investor believes that the request is in contravention of any law, policy, rules or regulations.
3.4. Except for the specific purposes of this appointment and as expressed in the Agreement, this appointment shall not create or be deemed to create any other form of partnership or joint venture between the Investor and the Company.
3.5. No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Wakalah Agreement