Risk of Disposal Facility Sample Clauses

Risk of Disposal Facility. Subject to this Agreement, the Contractor: 5.2.1 assumes the risk of all delay, increased costs and any Loss it suffers or incurs in relation to the conditions and characteristics of the Disposal Facility; 5.2.2 acknowledges and agrees that: (a) access to any land or facility including the Disposal Facility which is required for the purposes of carrying out the Services and other obligations under this Agreement is at the sole risk, cost and responsibility of the Contractor; (b) the Contractor may not Claim, and Council has no liability in respect of, any delay, additional costs or other effects on the Services related to: (i) the ability of the Contractor or its contractors or any other person to obtain access to any land or facility including the Disposal Facility; or (ii) the condition or suitability of any land or facility including the Disposal Facility; and (c) Council is not required to obtain, construct or provide to any person formal or informal access to any land or facility (including the Disposal Facility); 5.2.3 acknowledges and agrees that: (a) the Contractor must at the Contractor's cost make arrangements for access to and use of the Disposal Facility and obtain and comply with all necessary Approvals to use the Disposal Facility; (b) the Contractor must ensure that there is insurance in place covering the operation of the Disposal Facility at least at the same level as required by clause 18; and (c) if following the Services Commencement Date a Disposal Facility is not available and operational to perform the Services to the standard required by this Agreement, then: (i) the Contractor must nominate an Alternative Facility and obtain Council's written consent to use that Alternative Facility under clause 5.4; (ii) subject to clause 5.4.7, indemnify Council in relation to all costs, Claims, charges or expenses in relation to the use of an Alternative Facility (including any increased or additional storage or transportation costs over and above transport to the Disposal Facility), over and above the amount that would have been required to be paid under this Agreement by Council to the Contractor had the Disposal Facility been used to perform the Services rather than the Alternative Facility; and (iii) for any Delivered Material, Council is not required to pay the Contractor a Fee for the Services in respect of that Delivered Material until the Services are performed in accordance with this Agreement in relation to that Delivered Material, pro...
Sample 1
AutoNDA by SimpleDocs

Related to Risk of Disposal Facility

  • Schedule of Disposition Data shall be disposed of by the following date: As soon as commercially practicable. By

  • Solvent Financial Condition Each of Borrower and its Subsidiaries is now and, after giving effect to the Loans to be made hereunder, at all times will be, Solvent.

  • Proceeds of Dispositions; Expenses The Debtor shall pay to the Secured Party on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Secured Party in protecting, preserving or enforcing the Secured Party's rights and remedies under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale or other disposition of the Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Secured Party may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Sections 9-608(a)(1)(C) or 9-615(a)(3) of the Uniform Commercial Code of the State, any excess shall be returned to the Debtor. In the absence of final payment and satisfaction in full of all of the Obligations, the Debtor shall remain liable for any deficiency.

  • Extent of Disposition Disposition is partial. The categories of data to be disposed of are set forth below or are found in an attachment to this Directive: Disposition is Complete. Disposition extends to all categories of data.

  • Timing of Disposition Data shall be disposed of by the following date:

  • Nature of Disposition Disposition shall be by destruction or deletion of data. Disposition shall be by a transfer of data. The data shall be transferred to the following site as follows:

  • Rolling Stock The Recipient agrees that any procurement for rolling stock will comply with 49 U.S.C. § 5325 (Contract Requirements), 49 U.S.C. § 5323(j) (Buy America Requirements), 49 U.S.C. § 5323(m) (Pre-Award and Post Delivery Requirements), and 49 U.S.C. § 5318(e) (Bus Testing Requirements), and their implementing regulations.

  • Notice of Disposition To the extent that this Option is designated as an Incentive Option, if Shares of Common Stock acquired upon exercise of the Option are disposed of within two years following the date of grant or one year following the transfer of such Shares to the Participant upon exercise, the Participant shall, promptly following such disposition, notify the Corporation in writing of the date and terms of such disposition and provide such other information regarding the disposition as the Administrator may reasonably require.

  • If there is a permitted secondary offering (1) If the Issuer is an emerging issuer and you have sold in a permitted secondary offering 10% or more of your escrow securities, your escrow securities will be released as follows: For delivery to complete the IPO All escrow securities sold by you in the permitted secondary offering 6 months after the listing date 1/6 of your remaining escrow securities 12 months after the listing date 1/5 of your remaining escrow securities 18 months after the listing date 1/4 of your remaining escrow securities 24 months after the listing date 1/3 of your remaining escrow securities 30 months after the listing date 1/2 of your remaining escrow securities 36 months after the listing date your remaining escrow securities *In the simplest case, where there are no changes to the remaining escrow securities upon completion of the permitted secondary offering and no additional escrow securities, the release schedule outlined above results in the remaining escrow securities being released in equal tranches of 16 2/3%. (2) If the Issuer is an emerging issuer and you have sold in a permitted secondary offering less than 10% of your escrow securities, your escrow securities will be released as follows: For delivery to complete the IPO All escrow securities sold by you in the permitted secondary offering On the listing date 1/10 of your original number of escrow securities less the escrow securities sold by you in the permitted secondary offering 6 months after the listing date 1/6 of your remaining escrow securities 12 months after the listing date 1/5 of your remaining escrow securities 18 months after the listing date 1/4 of your remaining escrow securities 24 months after the listing date 1/3 of your remaining escrow securities 30 months after the listing date 1/2 of your remaining escrow securities 36 months after the listing date your remaining escrow securities *In the simplest case, where there are no changes to the remaining escrow securities upon completion of the permitted secondary offering and no additional escrow securities, the release schedule outlined above results in the remaining escrow securities being released in equal tranches of 16 2/3% after completion of the release on the listing date.

  • Absence of Defaults and Conflicts Resulting from Transaction The execution, delivery and performance of this Agreement, and the sale of the Securities, will not result in a breach or violation of any of the terms and provisions of, or constitute a default or a Debt Repayment Triggering Event (as defined below) under, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, (A) the charter, by-laws or similar organizational documents of the Company or any of its subsidiaries, (B) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its subsidiaries or any of their properties, or (C) any agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the properties of the Company or any of its subsidiaries is subject except, in the case of clauses (B) and (C) above, any breach, violation, default, lien, charge or encumbrance that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; a “Debt Repayment Triggering Event” means any event or condition that gives, or with the giving of notice or lapse of time would give, the holder of any note, debenture, or other evidence of indebtedness (or any person acting on such holder’s behalf) the right to require the repurchase, redemption or repayment of all or a portion of such indebtedness by the Company or any of its subsidiaries.

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