Service and Supply Contracts Sample Clauses

Service and Supply Contracts. (a) Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $5,000, or (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), or (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved budget, other than for utilities or an expense deferred for one month, to be exceeded shall require the prior written consent of Owner. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation. (b) In connection with its selection and supervision of contractors, suppliers and other entities pursuant to this Section, Manager, among its other duties, will (i) use its reasonable best efforts in selecting parties to perform work or to provide labor, goods, utilities or services to or at the Property so as to employ only such parties having the expertise and reputation of being fully capable and reliable in efficiently and fully performing their respective obligations under any contract with Manager, and fully performing consistent with the obligations set forth in this Section; (ii) subject to the emergency provisions of Section 2.4 hereof, negotiate and, when approved by Owner or consistent with the approved Budget, enter into agreements relating to the operation, repair, maintenance, service and/or promotion of the Property; (iii) directly supervise and inspect the performance under all contracts and agreements, including without limitation, the supervision, inspection and observation of all servicing, cleaning, security, maintenan...
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Service and Supply Contracts. (a) Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the development, operation, repair, maintenance, servicing and promotion of, and sale of lots from, the Project, including but not limited to those necessary for (i) the development and construction of new Sections, (ii) the supplying of goods and services related to the operation of FLCA and FLCC, and (iii) the supplying of electricity, gas, water, telephone, cable television, telecommunication services, cleaning, fuel, oil, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Project. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $100,000.00, (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved Budget, other than for utilities or an expense deferred, to be exceeded by more than (1) twenty percent (20%) for each line item of Fifty Thousand Dollars ($50,000.00) or less, or (2) ten percent (10%) for each line item greater than Fifty Thousand Dollars ($50,000.00), shall, unless expressly contemplated by the approved Budget, require the prior written consent of Owner, which consent shall not be unreasonably delayed, withheld or conditioned. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation, if any. (b) In connection with its selection and supervision of contractors, suppliers and other entities pursuant to this Section, Manager, among its other duties, will (i) subject to the emergency provisions of Section 2.4 hereof, negotiate and, when approved by Owner or when consistent with or contemplated by the approved Budget, enter into agreements relating to the development, operation, repair, maintenance, service and/or promotion of the Project, and (ii) directly supervise and inspect the performance under all contra...
Sample 1
Service and Supply Contracts. Negotiate and enter into contracts for the provision of services to the Managed Outlet similar to the contracts of other Daily Grill restaurant locations;
Sample 1
Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the “Service and Supply Contracts”). Seller shall make available to Purchaser true and correct copies of the Service and Supply Contracts within five (5) days from the date hereof. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect; and to Seller’s knowledge Seller has received no written notice of any defaults, disputes, claims or rights of set-off under the Service and Supply Contracts.
Sample 1
Service and Supply Contracts. Manager has informed Seller that Exhibit C attached hereto is a list of all contracts or agreements (including all amendments and modifications thereto) to which Seller and/or Manager is a party for the providing of services or supplies to or management of the Project or otherwise with respect to the operation or maintenance of the Project (other than the Property Agreements, Tenant Leases, Equipment Leases and Loan Documents), including, without limitation, any franchise agreements, employment agreements and union contracts to which Seller and/or Manager is a party (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof (other than any tenant leases or equipments leases) pursuant to Section 5 below, are herein referred to collectively as the “Service and Supply Contracts”); and, to Seller’s actual knowledge, such Exhibit C is accurate in all material respects. To Seller’s actual knowledge, Manager has provided Purchaser with access to true, correct and complete copies of the Service and Supply Contracts. Except as set forth on such Exhibit C, to Seller’s actual knowledge, (a) all of the Service and Supply Contracts are in full force and effect and free from material default and (b) there is no existing condition that, with notice or the passage of time or both, would constitute a material default under any of the Service and Supply Contracts.
Sample 1
Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into by Seller with respect to the Project after the date hereof in accordance with the terms of this Agreement, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from material default by Seller and, to Seller's Knowledge, free from material default by the other party or parties thereto and there is no existing event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by Seller and, to Seller's Knowledge, there is no event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by the other party or parties thereto, and, to Seller's Knowledge, there are no disputes, claims or rights of set-off under the Service and Supply Contracts. All charges under the Service and Supply Contracts have been paid through the dates shown on Exhibit C.
Sample 1
Service and Supply Contracts. Attached hereto as Schedule 3.1(l) is a list of all contracts or agreements to which the Company (acting on its own) or, to the Knowledge of the Transferors, the Operator or the Company (where the Operator has acted as agent for the Company), is a party for the providing of services or supplies solely to, or management solely of, the Project, including all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of the Partnership pursuant to Article 6 below, are herein referred to collectively as the “Service and Supply Contracts”). The Transferors have delivered to the Partnership true and correct copies of the Service and Supply Contracts. Except as may be shown in Schedule 3.1(l), all of the Service and Supply Contracts are, to the Knowledge of the Transferors, in full force and effect and, to the Knowledge of the Transferors, there is no default under any of the Service and Supply Contracts which could reasonably be expected to have a Project Material Adverse Effect.
Sample 1
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Service and Supply Contracts. Attached hereto as Exhibit E is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from default and there is no existing event which, with the passage of time or giving of notice, or both, could become a default under the Service and Supply Contracts, and there are no disputes, claims or rights of set-off under the Service and Supply Contracts.
Sample 1
Service and Supply Contracts. (a) Manager shall directly select, supervise, and engage in Owner’s name in its capacity as agent of Owner, all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any purchase order or contract evidencing such engagement that (i) requires total annual payment(s) in excess of $10,000 and which expense is not included at all in the Approved Budget, copies of which are attached hereto as Exhibit A;
Sample 1

Related to Service and Supply Contracts

  • Customer Contracts 6.2.1 The Redistributor should ensure that its contracts with its Customers give it all necessary rights to control and monitor Data use. 6.2.2 The Redistributor is obliged to make the contents of this Schedule available to its customers.

  • Project Contracts Prior to the delivery of this Lease, the Company may have entered into a contract or contracts with respect to the acquisition and/or construction of the Improvements. Those contracts, and any such contracts entered into by the Company after delivery of this Lease are hereinafter referred to as the “Project Contracts.” Prior to the delivery hereof, certain work has been or may have been performed on the Improvements pursuant to said Project Contracts or otherwise. Subject to the Lender’s rights in the Project Contracts, the Company hereby conveys, transfers and assigns to the Issuer all of the Company’s rights in, but not its obligations under the Project Contracts and the Issuer hereby designates the Company as Issuer’s agent for the purpose of executing and performing the Project Contracts. After the execution hereof, the Company shall cause the Project Contracts to be fully performed by the contractor(s), subcontractor(s) and supplier(s) thereunder in accordance with the terms thereof, and the Company covenants to cause the Improvements to be acquired, constructed and/or completed in accordance with the Project Contracts. Any and all amounts received by the Issuer, the Trustee or the Company from any of the contractors or other suppliers by way of breach of contract, refunds or adjustments shall become a part of and be deposited in the Project Fund.

  • Vendor Contracts (a) THIRD-PARTY ASO CONTRACTS. (i) ATI shall use its Reasonable Efforts to amend each administrative services only contract with a third-party administrator that relates to any of the ATI Health and Welfare Plans (an "ASO Contract") in existence as of the date of this Agreement to permit Water Pik to participate in the terms and conditions of such ASO Contract from Immediately After the Distribution Date until December 31, 2000. ATI shall use its Reasonable Efforts to cause all ASO Contracts into which ATI enters after the date of this Agreement but before the Close of the Distribution Date to allow Water Pik to participate in the terms and conditions thereof effective Immediately After the Distribution Date on the same basis as ATI. (ii) ATI shall have the right to determine, and shall promptly notify Water Pik of, the manner in which Water Pik's participation in the terms and conditions of ASO Contracts as set forth above shall be effectuated. The permissible ways in which Water Pik's participation may be effectuated include automatically making Water Pik a party to the ASO Contracts or obligating the third party to enter into a separate ASO Contract with Water Pik providing for the same terms and conditions as are contained in the ASO Contracts to which ATI is a party (or such other arrangement as to which ATI and Water Pik shall mutually agree). Such terms and conditions shall include the financial and termination provisions, performance standards, methodology, auditing policies, quality measures, reporting requirements and target claims. Water Pik hereby authorizes ATI to act on its behalf to extend to Water Pik the terms and conditions of the ASO Contracts. Water Pik shall fully cooperate with ATI in such efforts, and Water Pik shall not perform any act, including discussing any alternative arrangements with any third party, that would prejudice ATI's efforts.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • Covered Contracts and Contractors If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minnesota Statute § 363A.36 and Minnesota Rule Parts 5000.3400-5000.3600. A Contractor covered by Minnesota Statute § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.

  • SUB-CONTRACTS (a) The Administrator may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, provided that (but subject to Clause 3.2(b) herein): (i) the prior written consent of the Mortgages Trustee and Funding to the proposed arrangement (including, if Funding considers it necessary after consulting with the Security Trustee, approving any contract which sets out the terms on which such arrangements are to be made) has been obtained, the Security Trustee has been consulted and notification has been given to each of the Rating Agencies; (ii) where the arrangements involve the custody or control of any Mortgage Loan Files and/or Title Deeds relating to the Mortgage Portfolio for the purpose of performing any delegated Services, the sub-contractor or delegate has executed an acknowledgement in writing acceptable to Funding and the Security Trustee to the effect that any such Mortgage Loan Files and/or Title Deeds are and will be held to the order of the Mortgages Trustee (as trustee for the Beneficiaries); (iii) where the arrangements involve or may involve the receipt by the sub-contractor or delegate of monies belonging to the Beneficiaries which, in accordance with this Agreement, are to be paid into the relevant Collection Account, the sub-contractor or delegate has executed a declaration in writing acceptable to the Beneficiaries that any such monies held by it or to its order are held on trust for the Beneficiaries and will be paid forthwith into the relevant Collection Account in accordance with the terms of the Mortgages Trust Deed; (iv) any such sub-contractor or delegate has executed a written waiver of any Security Interest arising in connection with such delegated Services (to the extent that such Security Interest relates to the Mortgage Portfolio or any amount referred to in (iii) above); and (v) neither the Mortgages Trustee, the Security Trustee nor the Beneficiaries shall have any liability for any costs, charges or expenses payable to or incurred by such sub-contractor or delegate or arising from the entering into, the continuance or the termination of any such arrangement. (b) The provisos to Clause 3.2(a) (i), (ii) and (iii) herein shall not apply: (i) to the engagement by the Administrator of: (1) any receiver, solicitor, insurance broker, valuer, surveyor, accountant, estate agent, insolvency practitioner, auctioneer, bailiff, debt counsellor, tracing agent, property management agent, licensed or qualified conveyancer or other professional adviser acting as such; or (2) any locksmith, builder or other contractor acting as such in relation to a Mortgaged Property, in any such case being a person or persons whom the Administrator would be willing to appoint in respect of its own mortgages in connection with the performance by the Administrator of any of its obligations or functions or in connection with the exercise of its powers under this Agreement; or (ii) to any delegation to any wholly-owned subsidiary of the Seller from time to time. (c) The Mortgages Trustee and/or Funding and the Security Trustee may require the Administrator to assign to the Mortgages Trustee any rights which the Administrator may have against any sub-contractor or delegate arising from the performance of services by such person in association with any matter contemplated by this Agreement and the Administrator acknowledges that such rights assigned to the Mortgages Trustee will be exercised by the Mortgages Trustee as trustee for the Beneficiaries subject to the terms of the Mortgages Trust Deed. (d) Notwithstanding any sub-contracting or delegation of the performance of the Administrator's obligations under this Agreement: (i) the Administrator shall not thereby be released or discharged from any liability hereunder; (ii) the Administrator shall remain responsible for the performance of the obligations of the Administrator under this Agreement; (iii) the performance or non-performance or the manner of performance of any sub-contractor or delegate of any of the Services shall not affect the Administrator's obligations under this Agreement; (iv) any breach in the performance of the Services by any sub-contractor or delegate shall, subject to the Administrator being entitled for a period of twenty (20) Business Days from receipt of notice of the breach to remedy such breach by any sub-contractor or delegate, be treated as a breach of this Agreement by the Administrator; and (v) the Security Trustee shall have no liability for any act or omission of the sub-contractor or delegate and shall have no responsibility for monitoring or investigating the suitability of any such sub-contractor or delegate.

  • Third Party Contracts From the Effective Date through and including the Closing Date, Seller agrees to enter into only those third-party contracts which are necessary to carry out its obligations under Section 5.2, which shall be on market terms and cancellable on thirty (30) days written notice or less, without payment of any fee or penalty. Copies of all such contracts so entered into by Seller shall be promptly provided by Seller to Purchaser.

  • Service Agreements Manager shall negotiate and execute on behalf of Owner such agreements which Manager deems necessary or advisable for the furnishing of utilities, services, concessions and supplies, for the maintenance, repair and operation of the Property and such other agreements which may benefit the Property or be incidental to the matters for which Manager is responsible hereunder.

  • TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.

  • Service Level Agreements If a Service or a Plan includes a Service Level Agreement (‘SLA’): (a) we are liable for any remedy or rebate allowed to you under the SLA; and (b) subject to clauses 34 to 38, and to the express terms of the SLA, our liability for breach of the SLA is limited to such remedy or rebate.

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