Common use of Shareholders' Obligations Clause in Contracts

Shareholders' Obligations. 7.1 The Shareholder shall: (a) be responsible for any costs incurred by the Company in the repair of any damage to the Scheme Infrastructure running through the Property to the extent that such damage was caused by the Shareholder (or its servants or agents) through any act or omission, including, without limitation, damage caused by stock, machinery, posts or otherwise; (b) ensure that its on farm infrastructure is protected from over pressure through the installation and maintenance of appropriate equipment that complies with the requirements notified by the Company from time to time; (c) control or eliminate any noxious weeds growing alongside or over the top of the Scheme Infrastructure running through the Property; (d) not plant trees within 4 metres (or such additional set back where required for pumps, valves and other structures) from the centreline of the Water Pipes or the Scheme Infrastructure and promptly remove all trees presently growing beside or on top of the Scheme Infrastructure which may be identified by the Company as having the potential to limit the efficient maintenance, flow and operation of the Scheme Infrastructure. The Company shall, in relation to existing trees, use its reasonable endeavours to build any new Scheme Infrastructure outside the 4 metres from the Water Pipe centreline; (e) not interfere with or attempt to alter any Scheme Infrastructure without the prior written consent of the Company and then only upon and subject to the terms and conditions stipulated by the Company; (f) maintain any drainage works on the Property carrying surplus irrigation or flood water to such a standard as will permit the proper functioning of the Scheme Infrastructure; (g) not permit the discharge of run off, chemicals, effluent, debris, dead stock or other toxic matter into or around any Scheme Infrastructure; (h) allow the Company ready access at all times to the Scheme Infrastructure for operation, inspection, repair and maintenance; (i) observe and comply with the obligations contained in the Company Constitution, Consents, Consent Licences and farming and irrigation practices and procedures as determined from time to time by the Company; (j) ensure that any lessee, occupier or contractor of the Property complies in all respects with the terms of this Agreement; (k) prepare and maintain a FMP for the Property in accordance with the requirements of the Consent and the Company which shall: (i) be in accordance with a template approved by the Company; (ii) cover the whole Property (including areas not using water supplied by the Company); and (iii) provide details of the practices and procedures to be put in place to manage the environmental risks to water quality and water quantity from farming activities on the property in order to ensure compliance with the Consent Conditions and to minimise the potential for adverse effects on the environment arising from the exercise of the Consents; (l) keep accurate records at all times and supply them to the Company upon request; (m) ensure the FMP is prepared and updated from time to time by the farm manager, who is responsible for implementing and maintaining the requirements of the FMP; (n) prepare a revised FMP if there is a change in the effective management of the Property (including in respect of areas not using water supplied by the Company but covered by the FMP). (o) submit the FMP to the Company annually; (p) meet all the costs of preparing and/or revising the FMP; (q) comply with the provisions of the FMP at all times (including in respect of areas not using water supplied by the Company but covered by the FMP); and (r) ensure, if the Shareholder uses the on-farm irrigation infrastructure system to distribute diluted effluent, fertiliser or added contaminants that: (i) an effective Backflow Prevention Device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; (ii) the Backflow Prevention Device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with the Canterbury Regional Council approved test methods for the device used; and (iii) provide a test report to the Company within ten Workings Days of each inspection for onward submission to the Canterbury Regional Council within ten Working Days of each inspection. 7.2 The Shareholder shall at the Company’s request allow the Company or the Company’s contractors/employees to attend to any of the repairs and/or work set out in clause 7.1 above with the cost of such work being recovered from the Shareholder through the Water User Charges set out in clause 5. 7.3 Where the Shareholder is not the owner of the Property, the Shareholder shall use its best endeavours to ensure that the Property Owner complies with the obligations applicable under this Agreement to the Property Owner and in the event that the Property Owner does not so comply with the obligations, the Shareholder indemnifies and holds the Company harmless for any loss, damage or cost that arises as a result of such non-compliance. To the intent (and without limiting the generality of the foregoing), the Property Owner must comply with clause 7 (Shareholder’s Obligations), clause 11 (Sale, Subdivision or Lease) and clause 13 (Company’s Right to Convey Water and Maintenance).

Shareholders' Obligations. 7.1 The Shareholder shall: (a) be responsible for any costs incurred by the Company in the repair of any damage to the Scheme Infrastructure running through the Property to the extent that such damage was caused by the Shareholder (or its servants or agents) through any act or omission, including, without limitation, damage caused by stock, machinery, posts or otherwise; (b) ensure that its on farm infrastructure is protected from over pressure through the installation and maintenance of appropriate equipment that complies with the requirements notified by the Company from time to time; (c) control or eliminate any noxious weeds growing alongside or over the top of the Scheme Infrastructure running through the Property; (d) not plant trees within 4 10 metres (or such additional set back where required for pumps, valves and other structures) from the centreline of the Water Pipes or the Scheme Infrastructure and promptly remove all trees presently growing beside or on top of the Scheme Infrastructure which may be identified by the Company as having the potential to limit the efficient maintenance, flow and operation of the Scheme Infrastructure. The Company shall, in relation to existing trees, use its reasonable endeavours to build any new Scheme Infrastructure outside the 4 within 10 metres from the Water Pipe centreline; (e) not interfere with or attempt to alter any Scheme Infrastructure without the prior written consent of the Company and then only upon and subject to the terms and conditions stipulated by the Company; (f) maintain any drainage works on the Property carrying surplus irrigation or flood water to such a standard as will permit the proper functioning of the Scheme Infrastructure; (g) not permit the discharge of run off, chemicals, effluent, debris, dead stock or other toxic matter into or around any Scheme Infrastructure; (h) allow the Company ready access at all times to the Scheme Infrastructure for operation, inspection, repair and maintenance; (i) observe and comply with the obligations contained in the Company Constitution, Consents, Consent Licences and farming and irrigation practices and procedures as determined from time to time by the Company; (j) ensure that any lessee, occupier or contractor of the Property complies in all respects with the terms of this Agreement; (k) prepare and maintain a FMP for the Property in accordance with the requirements of the Consent and the Company which shall: (i) be in accordance with a template approved by the Company; (ii) cover the whole Property (including areas not using water supplied by the Company); and (iii) provide details of the practices and procedures to be put in place to manage the environmental risks to water quality and water quantity from farming activities on the property in order to ensure compliance with the Consent Conditions and to minimise the potential for adverse effects on the environment arising from the exercise of the Consents; (l) keep accurate records at all times and supply them to the Company upon request; (m) ensure the FMP is prepared and updated from time to time by the farm manager, who is responsible for implementing and maintaining the requirements of the FMP; (n) prepare a revised FMP if there is a change in the effective management of the Property (including in respect of areas not using water supplied by the Company but covered by the FMP). (o) submit the FMP to the Company annually; (p) meet all the costs of preparing and/or revising the FMP; (q) comply with the provisions of the FMP at all times (including in respect of areas not using water supplied by the Company but covered by the FMP); and (r) ensure, if the Shareholder uses the on-farm irrigation infrastructure system to distribute diluted effluent, fertiliser or added contaminants that: (i) an effective Backflow Prevention Device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; (ii) the Backflow Prevention Device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with the Canterbury Regional Council approved test methods for the device used; and (iii) provide a test report to the Company within ten Workings Days of each inspection for onward submission to the Canterbury Regional Council within ten Working Days of each inspection. 7.2 The Shareholder shall at the Company’s request allow the Company or the Company’s contractors/employees to attend to any of the repairs and/or work set out in clause 7.1 above with the cost of such work being recovered from the Shareholder through the Water User Charges set out in clause 5. 7.3 Where the Shareholder is not the owner of the Property, the Shareholder shall use its best endeavours to ensure that the Property Owner complies with the obligations applicable under this Agreement to the Property Owner (including those referred to below) and in the event that the Property Owner does not so comply with the obligations, the Shareholder indemnifies and holds the Company harmless for any loss, damage or cost that arises as a result of such non-compliance. To the intent (and without Without limiting the generality of the foregoing), the Property Owner must comply with clause 7 (Shareholder’s Obligations), clause 10 (Metering), clause 11 (Sale, Subdivision or Lease) and ), clause 12 (Restriction on Transfer of Existing Groundwater Consents), clause 13 (Company’s Right to Convey Water and Maintenance) and clause 16 (Remedies), as if the Property Owner were the Shareholder.

Shareholders' Obligations. 7.1 The Shareholder shall: (a) be responsible for any costs incurred by the Company in the repair of any damage to the Scheme Sheffield Infrastructure running through the Property to the extent that such damage was caused by the Shareholder (or its servants or agents) through any act or omission, including, without limitation, damage caused by stock, machinery, posts or otherwise; (b) ensure that its on farm infrastructure is protected from over pressure through the installation and maintenance of appropriate equipment that complies with the requirements notified by the Company from time to time; (c) control or eliminate any noxious weeds growing alongside or over the top of the Scheme Sheffield Infrastructure running through the Property; (d) not plant trees within 4 10 metres (or such additional set back where required for pumps, valves and other structures) from the centreline of the Water Pipes or the Scheme Sheffield Infrastructure and promptly remove all trees presently growing beside or on top of the Scheme Sheffield Infrastructure which may be identified by the Company as having the potential to limit the efficient maintenance, flow and operation of the Scheme Sheffield Infrastructure. The Company shall, in relation to existing trees, use its reasonable endeavours to build any new Scheme Sheffield Infrastructure outside within the 4 10 metres from the Water Pipe centreline; (e) not interfere with or attempt to alter any Scheme Sheffield Infrastructure without the prior written consent of the Company and then only upon and subject to the terms and conditions stipulated by the Company; (f) maintain any drainage works on the Property carrying surplus irrigation or flood water to such a standard as will permit the proper functioning of the Scheme Sheffield Infrastructure; (g) not permit the discharge of run off, chemicals, effluent, debris, dead stock or other toxic matter into or around any Scheme Sheffield Infrastructure; (h) allow the Company ready access at all times to the Scheme Sheffield Infrastructure for operation, inspection, repair and maintenance; (i) observe and comply with the obligations contained in the Company Constitution, Consents, Consent Licences and farming and irrigation practices and procedures as determined from time to time by the Company; (j) ensure that any lessee, occupier or contractor of the Property complies in all respects with the terms of this Agreement; (k) prepare and maintain a FMP for the Property in accordance with the requirements of the Consent and the Company which shall: (i) be in accordance with a template approved by the Company; (ii) cover the whole Property (including areas not using water supplied by the Company); and (iii) provide details of the practices and procedures to be put in place to manage the environmental risks to water quality and water quantity from farming activities on the property Property in order to ensure compliance with the Consent Conditions and to minimise the potential for adverse effects on the environment arising from the exercise of the Consents; (l) keep accurate records at all times and supply them to the Company upon request; (m) ensure the FMP is prepared and updated from time to time by the farm manager, who is responsible for implementing and maintaining the requirements of the FMP; (n) prepare a revised FMP if there is a change in the effective management of the Property (including in respect of areas not using water supplied by the Company but covered by the FMP).; (o) submit the FMP to the Company annually; (p) meet all the costs of preparing and/or revising the FMP; (q) comply with the provisions of the FMP at all times (including in respect of areas not using water supplied by the Company but covered by the FMP); and (r) ensure, if the Shareholder uses the on-farm irrigation infrastructure system to distribute diluted effluent, fertiliser or added contaminants that: (i) an effective Backflow Prevention Device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; (ii) the Backflow Prevention Device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with the Canterbury Regional Council approved test methods for the device used; and (iii) provide a test report to the Company within ten Workings Days of each inspection for onward submission to the Canterbury Regional Council within ten Working Days of each inspection. 7.2 The Shareholder shall at the Company’s request allow the Company or the Company’s contractors/employees to attend to any of the repairs and/or work set out in clause 7.1 above with the cost of such work being recovered from the Shareholder through the Water User Charges set out in clause 5. 7.3 Where the Shareholder is not the owner of the Property, the Shareholder shall use its best endeavours to ensure that the Property Owner complies with the obligations applicable under this Agreement to the Property Owner (including those referred to below) and in the event that the Property Owner does not so comply with the obligations, the Shareholder indemnifies against and holds the Company harmless for any loss, damage or cost that arises as a result of such non-non- compliance. To the intent (and without Without limiting the generality of the foregoing), the Property Owner must comply with clause 7 (Shareholder’s Obligations), 10 (Metering), clause 11 (Sale, Subdivision or Lease) and ), clause 12 (Restriction on Transfer of Existing Groundwater Consents), clause 13 (Company’s Right to Convey Water and Maintenance) and clause 16 (Remedies), as if the Property Owner were the Shareholder.

Shareholders' Obligations. 7.1 The Shareholder shall: (a) be responsible for any costs incurred by the Company in the repair of any damage to the Scheme Infrastructure running through the Property to the extent that such damage was caused by the Shareholder (or its servants or agents) through any act or omission, including, without limitation, damage caused by stock, machinery, posts or otherwise; (b) ensure that its on farm infrastructure is protected from over pressure through the installation and maintenance of appropriate equipment that complies with the requirements notified by the Company from time to time; (c) control or eliminate any noxious weeds growing alongside or over the top of the Scheme Infrastructure running through the Property; (d) not plant trees within 4 10 metres (or such additional set back where required for pumps, valves and other structures) from the centreline of the Water Pipes or the Scheme Infrastructure and promptly remove all trees presently growing beside or on top of the Scheme Infrastructure which may be identified by the Company as having the potential to limit the efficient maintenance, flow and operation of the Scheme Infrastructure. The Company shall, in relation to existing trees, use its reasonable endeavours to build any new Scheme Infrastructure outside within the 4 10 metres from the Water Pipe centreline; (e) not interfere with or attempt to alter any Scheme Infrastructure without the prior written consent of the Company and then only upon and subject to the terms and conditions stipulated by the Company; (f) maintain any drainage works on the Property carrying surplus irrigation or flood water to such a standard as will permit the proper functioning of the Scheme Infrastructure; (g) not permit the discharge of run off, chemicals, effluent, debris, dead stock or other toxic matter into or around any Scheme Infrastructure; (h) allow the Company ready access at all times to the Scheme Infrastructure for operation, inspection, repair and maintenance; (i) observe and comply with the obligations contained in the Company Constitution, Consents, Consent Licences and farming and irrigation practices and procedures as determined from time to time by the Company; (j) ensure that any lessee, occupier or contractor of the Property complies in all respects with the terms of this the Agreement; (k) prepare and maintain a FMP for the Property in accordance with the requirements of the Consent and the Company which shall: (i) be in accordance with a template approved by the Company; (ii) cover the whole Property (including areas not using water supplied by the Company); and (iii) provide details of the practices and procedures to be put in place to manage the environmental risks to water quality and water quantity from farming activities on the property in order to ensure compliance with the Consent Conditions and to minimise the potential for adverse effects on the environment arising from the exercise of the Consents; (l) keep accurate records at all times and supply them to the Company upon request; (m) ensure the FMP is prepared and updated from time to time by the farm manager, who is responsible for implementing and maintaining the requirements of the FMP; (n) prepare a revised FMP if there is a change in the effective management of the Property (including in respect of areas not using water supplied by the Company but covered by the FMP). (o) submit the FMP to the Company annually; (p) meet all the costs of preparing and/or revising the FMP; (q) comply with the provisions of the FMP at all times (including in respect of areas not using water supplied by the Company but covered by the FMP); and (r) ensure, if the Shareholder uses the on-farm irrigation infrastructure system to distribute diluted effluent, fertiliser or added contaminants that: (i) an effective Backflow Prevention Device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; (ii) the Backflow Prevention Device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with the Canterbury Regional Council approved test methods for the device used; and (iii) provide a test report to the Company within ten Workings Days of each inspection for onward submission to the Canterbury Regional Council within ten Working Days of each inspection. 7.2 The Shareholder shall at the Company’s request allow the Company or the Company’s contractors/employees to attend to any of the repairs and/or work set out in clause 7.1 above with the cost of such work being recovered from the Shareholder through the Water User Charges set out in clause 5. 7.3 Where the Shareholder is not the owner of the Property, the Shareholder shall use its best endeavours to ensure that the Property Owner complies with the obligations applicable under this the Agreement to the Property Owner (including those referred to below) and in the event that the Property Owner does not so comply with the obligations, the Shareholder indemnifies and holds the Company harmless for any loss, damage or cost that arises as a result of such non-compliance. To the intent (and without Without limiting the generality of the foregoing), the Property Owner must comply with clause 7 (Shareholder’s Obligations), clause 10 (Metering), clause 11 (Sale, Subdivision or Lease) and ), clause 12 (Restriction on Transfer of Existing Groundwater Consents), clause 13 (Company’s Right to Convey Water and Maintenance) and clause 16 (Remedies), as if the Property Owner were the Shareholder.