The Agent will. 8.3.1 Issue the appropriate Occupancy Agreements specified by the RP and set out in Schedule 8. It will not vary the terms of this Agreement without the written consent of the RP.
8.3.2 Not allow anyone into possession of a Unit until they have signed the Occupancy Agreement, subject to 8.3.4
8.3.3 Ensure that all conditions of the Occupancy Agreement are explained to the Occupant in clear and understandable terms, inform Occupants of their rights and obligations under this Agreement and their more general rights and obligations as set out in any regulations or guidance applicable to the RP.
The Agent will. 9.3.1 Comply with the RP’s and its own published procedures and guidance on legal proceedings relevant to the type of Occupancy Agreement in use which are in force at the time.
9.3.2 Either obtain the RP’s written permission or notify the RP in writing before taking legal proceedings against an Occupant as set out in the stages below. Where permission is required, such permission is not to be unreasonably withheld or delayed. Note that this listing of stages for RP approval does not constitute a guide to the action which may be required in any particular case. [Delete permission or notification as agreed] a) Issuing of any notice to terminate or seeking possession of an Occupancy Agreement –permission/notification b) Action following expiry of the notice – permission/notification c) Applying to Court – permission/notification d) Court dates – notification e) Court decisions – notification f) Issuing of Bailiff’s warrant for eviction – permission/notification g) Date of Property repossession – notification
9.3.3 Provide the RP with all supporting information requested to enable it to comply with requests for permission and to monitor action taken.
9.3.4 For all but the exceptional cases referred to in 9.2 where an alternative responsibility has been agreed, bear the cost of all proceedings for possession and claims/defences from occupants in relation to possession (including Human Rights Act challenges), including the employment of a solicitor and barrister, and indemnify the RP from and against all costs associated with any such action taken whether with or without the permission of the RP. Any costs ordered to be paid by the Occupant will belong to the Agent.
The Agent will. 10.4.1 Provide to the RP on request copies of all its policies and procedures relevant to its responsibilities and duties carried out under this Contract.
10.4.2 Where its own policies and procedures conflict with that of the RP, will consult with the RP on the purpose of the different approach. Where agreed to comply with regulatory requirements or to be of benefit to Occupants, it will follow those of the RP on the relevant issue from the date that it receives written notification from the RP of this.
The Agent will. 16.3.1 Insure all contents and any fittings or fixtures at the Property and identify ownership for the purposes of its insurers.
16.3.2 Pay the RP any excess payment required where a claim is made by the RP because of an act or omission on the part of the Agent.
16.3.3 Delete if not applicable Take out insurance in respect of all usual risks for any equipment provided and maintained by the Agent
16.3.4 Advise the Occupants that their personal items and effects are not insured by either the Agent or the RP and that the Occupants should take out insurance to cover them.
The Agent will. Provide to the RP the following reports at the intervals specified or on request: Delete any not applicable a) Performance monitoring information for housing management and (as applicable) maintenance services in the format requested by the RP. At the date of this Contract the housing management information is in the form of SHiP Quarterly Returns which are due within 21 days of the end of the quarter; b) Rents and service charges in a format requested by the RP. At the date of this Contract the format for this information is the SHiP Rents and Service Charges Return; c) Where the Agent is not subject to monitoring of these areas by the Social Housing Regulator, annual certification of areas of governance and probity in a format requested by the RP. At the date of this Contract the format for this information is the SHiP Annual Self Certification form; d) Any other information identified in this Contract or its Schedules as relevant to the services provided under this Contract; e) Any other information requested by the RP to enable it to complete any regulatory and statistical returns to the Social Housing Regulator; f) Any report on its governance or performance of support, care or treatment services at the Property by the agencies responsible for the commissioning and monitoring of those services within 14 days of receipt.
The Agent will. 11.2.1 Maintain knowledge of regulatory expectations and standards relevant to its housing management responsibilities.
11.2.2 Provide housing management services to the standards set out in Schedule 3.
11.2.3 Provide the housing management services listed in Schedule 3. The summary provided in this clause identifies key responsibilities but is not an exhaustive list. The Agent may be required to provide such alternative or additional services as are required for the successful running and maintenance of the Property and/or the safety and comfort of Occupants. In such circumstances, the housing management services set out in this Contract may be extended or varied as agreed by the parties. Key responsibilities of the Agent include: a) Selection of Occupants and allocation of accommodation in line with the policy at Schedule 10 and with equalities legislation and good practice guidance; b) Letting units, signing up and advising on the Occupancy Agreement; c) Keeping such records of applications, allocations and refusals as are required by the Social Housing Regulator and local authority or other regulator or funder (including CORE forms or their replacement); d) Collecting all rents and service charges for services provided by the RP on behalf of the RP; e) In consultation with the RP setting service charges for services provided by the Agent and collecting those service charges; f) Keeping records of all payments made by Occupants and providing statements to them in an agreed format; g) Informing Occupants of changes to rent and service charges at least one month before date due; h) Advising Occupants on Housing Benefit (or equivalent) claims; i) Advising Occupants on compliance with their Occupancy Agreement, including antisocial behaviour, harassment, nuisance or damage, and taking any action required to enforce this; j) Providing and following a clear complaints procedure for the services carried out under this Contract and advising Occupants of complaints procedures relating to services provided by the RP and complaints procedures relating to the support service provided with the Property; k) Consulting with and reporting to Occupants on performance of and any changes to services carried out under this Contract, liaising with the RP on any co-ordinated consultation and reporting on RP services; l) Advising on and assisting Occupants with reporting, arranging access for or carrying out repairs as set out in clause 12 and Schedule 4 of this Contract;
The Agent will. (i) comply with all provisions of law applicable to its activities contemplated by this Agreement and (ii) use and rely solely on the “Company Documents” and “Other Information” (as such terms are defined in paragraph A.4., below) and on information available from generally recognized public sources in connection with offering the Interests.
(a) The Company shall furnish the Agent, from time to time, such number as the Agent may reasonably request of the following documents:
(i) the Confidential Private Placement Memorandum of the Company, dated October 2007, and any supplements and amendments thereto (such memorandum, together with any such supplements and amendments thereto, collectively, the “Memorandum”);
(ii) the Limited Liability Company Agreement of the Company, dated as of October 17, 2007, as amended from time to time (the “Company Agreement”); and
(iii) the Subscription Booklet for the Company pursuant to which prospective Investors will subscribe for Interests (the “Subscription Booklet” and, together with the Memorandum and the Company Agreement, the “Company Documents”).
(b) The Company, from time to time, may provide the Agent with additional material, data or other information (collectively, “Other Information”) relating to the Company to make available to prospective Investors.
(c) The parties hereto recognize and confirm that the Company has the right, in its sole discretion, to reject any offer to purchase Interests and to suspend the offering of Interests without notice, for any reason and at any time.
The Agent will a. Promote One Tree Hill College in an ethical and professional manner for the purpose of enrolling international students.
b. Ensure that students and parents have all the information that they need to help them with the enrolment. This includes information about qualifications and courses. In particular, please ensure the parents understand the refunds policy.
c. Organise documentation and payment to the school.
d. Ensure the payments asked for are valid and as charged by the school.
e. Help students to apply for student visas.
f. Provide support to the student while they are studying at One Tree Hill College.
g. Help the school to ensure that the student attends school and fulfils all school requirements.
h. Contact the parents on behalf of the school when necessary.
i. Ensure that the student has health and travel insurance that complies with the Code of Practice and with standards expected by the school.
The Agent will o Be responsible for payment of any federal and state payroll and self-employment taxes attributable to payments received for services performed for billserv and will not be considered an employee for federal or state payroll tax purposes. o Be responsible for payment and provide certificate of all necessary insurance. o Not work under any supervision by billserv and will set its own work hours and routine. o Provide its own materials, tools, and equipment, and will expect no reimbursement for any out-of-pocket expenses incurred in the performance of services, unless authorized in writing by special prior arrangement for specific sales and marketing tasks.
The Agent will. (a) conduct the Business and administer the Partnership as if the Agent was the full beneficial owner of the Partnership Assets and the Business; and
(b) in the conduct of the Business and the administration of the Partnership and in dealing with the Partnership Assets, have the powers and legal capacity of a natural person.
