The Customer will. (a) not damage or interfere with the Telecommunication Equipment;
(b) provide a safe and secure operating environment for the Telecommunication Equipment;
(c) take reasonable precautions to protect the Telecommunication Equipment from theft, loss or damage;
(d) follow Next Telecom’s and the Telco’s directions when using the Telecommunication Equipment;
(e) take reasonable precautions to protect the Telecommunication Equipment from electromagnetic interference, electrical interference or power fluctuations;
(f) pay Next Telecom’s and the Telco’s charges for repairing or replacing any Telecommunication Equipment that is lost or damaged while located on the Customer’s premises.
The Customer will. (a) provide to the Supplier prompt access to the Premises upon request;
(b) be responsible for ensuring the health and safety of the Supplier's personnel, agents and subcontractors whilst they are at the Premises;
(c) maintain the Premises in good order for the supply of Services, and in accordance with all applicable laws;
(d) inform the Supplier of all health and safety rules and regulations and any reasonable security requirements that apply at the Premises; and
(e) maintain reasonable insurance cover for the Supplier's personnel, agents and subcontractors whilst they are working on Premises (including reasonable public liability insurance); or, where the Premises are occupied by a third party, the Customer will use reasonable endeavours to seek to ensure that the third party will comply with the preceding provisions of this Clause 4.2 as if the third party were the Customer.
The Customer will. (a) upon becoming aware of an actual or potential IPR Infringement Claim, notify the Supplier;
(b) provide to the Supplier reasonable assistance in relation to the IPR Infringement Claim;
(c) allow the Supplier the exclusive conduct of the IPR Infringement Claim and all related disputes, proceedings, negotiations and settlements; and
(d) not admit liability in connection with any IPR Infringement Claim or settle any IPR Infringement Claim without the prior written consent of the Supplier.]
The Customer will a) maintain the Customer Equipment in good working order and keep the Location tidy and free from safety hazards at all times.
b) ensure that no installation of, modification, alteration or addition to the Customer Equipment would result in changes to:
i. the floor loading that exceed the Maximum Floor Loading;
ii. the heat output of the Customer Equipment that exceed the Maximum Heat Output; or
iii. the power consumption of the Customer Equipment that exceed the Maximum Power Draw;
c) comply with any statutes, regulations and codes of practice applicable to the Customer Equipment or the Site at all times;
d) comply with the Site Regulations and any requirements of BT or the Site Owner (as applicable) in relation to the occupation of the Location and the Site from time to time and notified to the Customer;
e) comply with any directions given by BT if any interference occurs between the Customer Equipment and the equipment of a third party. Should, following an investigation undertaken by BT, BT establish, in BT’s sole discretion, that the interference is caused by the Customer Equipment, the Customer shall be responsible for the cost of repairing or replacing any damaged equipment belonging to any third party and shall pay such sums on demand to BT or such third party as BT may specify;
f) not use the Site except for the retention and operation of the Customer Equipment and will make all reasonable endeavours not to cause any injury, damage, nuisance to or interfere with any person or property including (without limitation) the Site and/or any equipment owned by third parties which may from time to time be located at the Site;
g) not make any alteration or addition (whether structural or non-structural) whatsoever in or to the Site;
h) not use the Customer Equipment for any illegal or unlawful purpose under any applicable law or in a manner or for a purpose which constitutes a violation or infringement of a third party’s rights (including intellectual property rights), or is harmful or detrimental to the reputation of BT or any other party; and
i) make good any damage or any unauthorised alterations to the Site or equipment of any third party for which the Customer is liable within ten (10) days of a written notice from BT or the Site Owner. If the Customer fails to comply with any such notice, BT may carry out the work and the cost shall be reimbursed by the Customer on demand.
The Customer will. 6.1.1 promptly provide to Supplier and/or its consultants, employees and agents such information, assistance, instructions, review, cooperation, and feedback as they may reasonably require in order to be able to carry out the Services and otherwise perform the Supplier’s obligations under this Agreement, and appoint a representative who is fully empowered and authorised to provide the same;
6.1.2 where the Supplier is to provide any Services at the Customer’s premises or the Delivery Locations, the provide without charge suitable office accommodation, materials, equipment and support services (including use of telephone and support services) which the Supplier and/or its consultants, employees and agents may require in order to carry out the Services;
6.1.3 where required to under an Order, supply to the Supplier the Customer Materials in accordance with any timescales set out in that Order, or if no timescales are set out in the Order, within a reasonable time taking account of the obligations of the Supplier; and
6.1.4 comply with, and perform, any obligations placed upon it in Schedule 1 or an Order.
The Customer will. 1.1 pay 50% of the Installation Charge on issue of order to the Company and 50% on the Installation / Takeover Date or agree with the Company, at the Company’s sole discretion, to pay 50% of the Installation Charge on issue of order to the Company and then pay the remaining 50% of the Installation Charge in pre-agreed, interim payments, payable on demand by the Customer to the Company.
The Customer will. 1.6.1 provide such assistance and information to the Supplier as it may reasonably request to facilitate a smooth and efficient handover of the Transferring Employees to the Supplier or any Sub-contractor, including the provision of all employee liability information identified in regulation 11 of TUPE in relation to the Transferring Employees; and
1.6.2 comply with its obligations to inform and, if necessary, consult with the appropriate representatives of any employees who are affected by the relevant transfer in accordance with regulation 13 of TUPE.
The Customer will a. On or before Commencement (or as provided in the Customer's Credit Application with TTE Hire) pay TTE Hire all of the following trailerCharges.
i. The Hire Fees
ii. in consideration of the provisions of sub-clause 2(c) the Damage Waver Fee; and
iii. stamp duties in respect of this agreement and the hiring.
b. forthwith upon request pay to TTE Hire all of the following Charges:-
i. the replacement cost (as per its new list price at Commencement) of any Equipment not returned to TTE Hire upon Completion.
ii. all costs incurred in cleaning the Equipment
iii. all costs of repairing any damage (fair wear and tear accepted) caused to the Equipment up to an amount equal to 10% of its new list price at Commencement.
iv. all fines, penalties, levies, Charges and taxes payable by TTE Hire in respect of the Agreement and the Hiring
v. all costs incurred by TTE Hire in delivering and recovering possession of the Equipment.
vi. a late payment fee calculated daily at a rate of 2% per month in respect of all unpaid Charges when any of them is overdue.
vii. the cost of fuels and consumables provided by TTE Hire and used by the consumer.
c. repack and/or restock all equipment that is hired in packaged mode.
d. satisfy itself at Commencement that the Equipment is suitable for its purposes.
e. operate the Equipment only for its intended use and safety and strictly in accordance with the law ad the manufacturers' instructions
i. supplied by TTE Hire ii. posted on the Equipment, or iii. appearing on the contract
f. return the Equipment to TTE Hire clean and in good repair
g. indemnify TTE Hire for all the damage caused to persons and property in relation to the Equipment and its operation
h. ensure that all persons operating or erecting the Equipment hold current Certificate of Competency and/or are fully licenced to use it.
i. comply with all occupational health and safety laws relating to the Equipment and its operation
j. safely secure all items loaded in or on the Customer's vehicle.
k. operate the Equipment with an adequate motor and/or power source; and
l. deliver the Equipment to TTE Hire at the end of the Hire Period.
The Customer will. (a) sign any documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) and/or assistance which the Hirer may reasonably require to enable perfection of its Security Interest or Registration of a Financing Statement or Financing Change Statement on the PPSR;
(b) not offer, sell, assign, sub-hire, charge, mortgage, pledge or create any form of security interest or otherwise deal with the Equipment in any way;
(c) give the Hirer not less than 14 days’ written notice of any proposed change in their name and/or any other changes in their details (including but not limited to, changes in their address, facsimile number, email address, trading name or business activities);
(d) indemnify the Hirer against any costs the Hirer incurs in perfecting and maintaining its perfected Security Interest in the Equipment or such other Personal Property under the PPSA and any costs the Hirer may incur in the course of enforcing any of its rights under this Agreement, the PPSA or at law generally;
(e) procure from any persons considered by the Hirer to be relevant to its security position, such agreement and waivers as the Hirer may at any time reasonably require; and
(f) not register, or permit to be registered, a Financing Statement or a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement in favour of a third party without the Hirer’s prior written consent.
The Customer will. 4.1.1. provide Esri Ireland with all information, cooperation, consents and licenses reasonably necessary for Esri Ireland to supply the Software and/or Third Party Data and perform the Services;
4.1.2. provide Esri Ireland with access to authorised and competent personnel, computer systems and software and premises within normal business hours, ensure that such systems and software are utilised in accordance with the terms under which they were procured, and ensure that the Customer Location complies with all health and safety laws and regulations, each to enable Esri Ireland to supply the Software and/or Third Party Data and perform the Services;
4.1.3. use the Software and/or Third Party Data and/or Services in accordance with the terms of this Agreement (including the Licence Terms), all applicable laws and regulations and any reasonable instructions given by Esri Ireland to the Customer from time to time;
4.1.4. ensure the adequacy, integrity, security, virus checking and accuracy of the Customer Data and its computer systems and operate all necessary back-up procedures to ensure the same are maintained in the event of loss for any reason;
4.1.5. comply with Export/Import Controls in relation to any item (whether tangible or intangible) provided to the Customer by Esri Ireland under this Agreement;
4.1.6. comply with all applicable laws and regulations (including legislation relating to bribery, such as The Prevention of Corruption (Amendment) Act 2010);
4.1.7. use in accordance with all applicable laws and regulations, and be solely responsible for, Customer Equipment; and
4.1.8. not solicit for employment any employees of Esri Ireland for a period not exceeding six months after such employees leave the employment of Esri Ireland except with the written permission of Esri Ireland unless such employment arises as a result of a properly placed public advertisement.
