THE RIGHTS AND OBLIGATIONS OF THE COMPANY Sample Clauses

THE RIGHTS AND OBLIGATIONS OF THE COMPANY. 6.1 The Company shall carry out the work within the agreed schedule. If no schedule has been agreed upon, the work shall be carried out without undue delay. 6.2 The Company shall carry out the tasks defined in the contract using reasonable skill, care and diligence. The Company shall ensure that the personnel carrying out the work has suitable competence. The Client has to invoke a defect of the performance of the Commission in writing within two (2) of the delivery of the deliverables. In case of defect, the Company has the right in first place to correct or replace the performance of the Commission. 6.3 The Company is entitled to use subcontractors for carrying out the work, unless otherwise agreed upon in writing. 6.4 The Company shall have the right to suspend delivery when the delay is caused by force majeure, or by the Client, a cause independent of the Company, or a cause the Client is responsible for. The Company must without delay notify the Client about force majeure and its effects and expiry of force majeure. 6.5 The Company is entitled to prolong the delivery time, adjust the pricing or cancel a Commission also for other exceptional reasons hindering the Commission, such as a material defect in purpose-built special equipment elementary for the performance of the Commission, if the problem can not be reasonably solved or avoided. 6.6 If damage is caused to the Company or Company's work is changed, delayed or suspended because of the Client, or the Client is responsible for the cause, the Company shall be entitled to compensation for the resulting expenses and damage.
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THE RIGHTS AND OBLIGATIONS OF THE COMPANY. 3.1. The Company undertakes to: 3.1.1. make the Payswix Payment Gateway available to the Merchant and to confirm to the Merchant the Payswix Credentials; 3.1.2. disclose to the Merchant in the Special Terms and Conditions details of the Acquirers and to notify in advance the Merchant if the Acquirer’s credentials are changed; 3.1.3. accept the Transaction Amounts and Refunds from the Acquirer; 3.1.4. after receipt of the Transaction Amounts from the Acquirer within 2 (two) business days transfer the Transaction Amounts to the Current Account; 3.1.5. transfer an Original Credit Transaction amount to the Cardholder from the Current Account, in each case in accordance with this Agreement and the PS Regulations. 3.2. The Company shall deduct the applicable fees, reserves, chargebacks, charges and refunds, fines imposed by the Company, Acquirer or International Payment System from the Transaction Amount transferred to the Current Account in accordance with the Special Terms and Conditions. Fees and charges are deducted at the same time as Transaction Amount is transferred to the Current Account. 3.3. If any transfer date specified in the Agreement or Special Terms and Conditions or required under the PS Regulations is not a Business Day, the transfer shall be made on the next Business Day. 3.4. The Company shall execute those transfers within terms set out in the Special Terms and Conditions but shall not be liable for any delay to a transfer caused by, or resulting from, the late or otherwise incorrect receipt of the Transaction Amounts from Issuer and/or any restrictions of or the Acquirer. 3.5. If for any reason the amount received by the Company from the Acquirer is less than the sum of the Transaction Amounts, the Company shall transfer the amounts actually received to the Merchant and deduct any sums in accordance with Clause 3.2. 3.6. The Company shall be entitled: 3.6.1. to deduct from the Transaction Amounts transferred to the Current Account any sums due to the Company from the Merchant, including those that are due, or become due, under Clause 4.1.36 3.6.2. to invoice the Merchant for the remainder of any sums due to the Company if the E-Wallet Balance or the Transaction Amounts received are not sufficient to satisfy all sums due to the Company from the Merchant under Clause 4.1.36; 3.6.3. to use the rights of set-off, retention and/or deduction in paragraph 6; 3.6.4. to use the Security Deposit according to the Agreement; 3.6.5. to change the Mercha...
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THE RIGHTS AND OBLIGATIONS OF THE COMPANY. (i) The Company has the following obligations: a. to pay to the Administrator the remuneration consisting of the monthly fixed allowance and the variable component, according to this Contract and in compliance with the legislation in force, b. to ensure the organizational and logistic conditions necessary for the Administrator to be able to fulfill the obligations established by this Contract, (ii) The Company has the following rights: a. to request the Administrator and to receive from him/her periodic reports on the exercise of the mandate; b. to assess the Administrator’s activity and to dispose of, in accordance with the applicable law, the measures the Company deems necessary.
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THE RIGHTS AND OBLIGATIONS OF THE COMPANY. Art. 5 – THE COMPANY, as the direct beneficiary of the management activity carried out under the terms of this Agreement, is obliged to make available to the ADMINISTRATORS, all data, information and in general, all material and human resources necessary to take decisions in the BOARD OF DIRECTORS, to lead, in directly or indirectly, in fulfilling the obligations of the ADMINISTRATORS, to bear the expenses incurred under the conditions provided in art. 7 of this agreement from which the ADMINISTRATORS benefit and to pay them the remunerations provided in Chapter VI of this Agreement.
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THE RIGHTS AND OBLIGATIONS OF THE COMPANY. 5.1. As the direct beneficiary of the management activity carried out under the terms of this contract, the company is obliged to provide the Director with all data, information and, in general, all material and human resources necessary to fulfill, on time and in good condition, the obligations to bear the expenses incurred under the conditions provided for in point 6 of this Agreement from which the director benefits and to pay him the remuneration provided for in point 7 of this Agreement, remuneration classified as income assimilated to salaries, as defined by the tax code in force on the date of payment. 5.2. Establishes annually the objectives and performance criteria of the director, by decision of the board of directors, after approving the financial statements, establishing the income and expenditure budget and approving the activity program for the next financial year by the general meeting of shareholders, objectives and criteria is an annex to this agreement. 5.3. The company is obliged, through the board of directors and each non-executive director, to supervise the activity of the director. 5.4. To withhold and transfer, in the name and on behalf of the director, in the amount and at the terms imposed by law, the income tax and the obligatory contributions related to it born from the development of this agreement. 5.5. In case of revocation of the director's mandate, before the expiration of the term of this contract, without just cause, to pay him damages in the amount equal to 6 (six) gross fixed remuneration if the number of calendar months until the expiration of the mandate is greater than 6, or the indemnity which he was entitled to collect until the end of the term if the number of calendar months until the end of the term is less than 6 months. Failure to meet the performance criteria is just cause for revocation.
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THE RIGHTS AND OBLIGATIONS OF THE COMPANY. (i) The Company has the following obligations: a. To ensure the organizational and logistical conditions necessary for the Administrator to carry out his activity through full activity in the exercise of the mandate, b. To pay to the Administrator the remuneration consisting of the monthly fixed allowance and the variable component, according to this Contract and in compliance with the legislation in force, (ii) The company has the following rights: a. To request the Administrator and to receive from him periodic reports on the exercise of the mandate and the exercise of the mandate by the entire board; b. To monitor and assess the Administrator’s activity; c. To reward or to sanction the administrator, by observing the Relevant Legislation; d. To cancel and / or revoke the administrator's mandate, by observing the Relevant Legislation.
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Related to THE RIGHTS AND OBLIGATIONS OF THE COMPANY

  • Rights and Obligations of the Parties 5.2.1. The client is obliged to: 5.2.1.1. Check for an SMS at the moment of issuance of a card, by which means they will receive a pin code, or check the integrity of the envelope in which the pin code is given; 5.2.1.2. Regularly review and abide by card usage and security regulations developed by the Bank, and not allow disclosure of the card and/or pin-code to the third persons; 5.2.1.3. Reimburse those bank expenses which are related to additional service costs of VISA and Mastercard (if any); 5.2.1.4. Use the card to pay the Bank any commission fee related to card servicing (producing, renewal, including in the international stop-list, etc.) and processing card transactions consistent with the tariff established by the Bank and/or international payment systems; 5.2.1.5. Perform transactions on the card account only within the limits of the available balance. The Bank shall impose a penalty on an intentionally or erroneously overspent amount in excess of the available balance according to the tariff established by the Bank for each day of using the surcharge amount; 5.2.1.6. Promptly fill surcharged amount; 5.2.1.7. Promptly notify the Bank about loss of the card; 5.2.1.8. Shall process card payment transaction in the internet only through the web pages having secure payment certifications (web pages where MasterCard SecureCode or Verified by VISA logos are depicted, allowing for making payment with 3D security code). The bank shall bear no responsibility for the transactions of the client made at the web-pages having no secure payment certifications. 5.2.2. The client is authorized to: 5.2.2.1. At any time obtain information on transactions held at the card account and request statements reflecting such transactions. The client is authorized to become familiar with the transactions made at the card accounts in the internet banking and/or address JSC “Pasha Bank Georgia” telephone services center – contact center and/or any branch of the bank to obtain such information. Card transactions statements shall be issued in a form requested by the client in the timelines established by the bank, however no later than 2 (two) banking days after the request of the client has been made. The bank is entitled to establish the commission for issuing the transaction statement made for the card account. 5.2.2.2. Submit a justified claim on transactions performed on the card account consistent with clause 5.4 of the present agreement. 5.2.3. The client acknowledges that: 5.2.3.1. Cards produced by the Bank are equipped with contactless technology; 5.2.3.2. Throughout the territory of Georgia, contactless card transactions without a pin code are permitted to the amount of up to 100 (one hundred) GEL. The Bank does not bear responsibility and does not accept claims from clients for contactless transaction(s) performed with the card account of a client up to 100 GEL throughout Georgia (notwithstanding the number of such transactions performed with the card).

  • Rights and Obligations of Party B 8.1 Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the xxxevant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties. 8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities. 8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for. 8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses. 8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A. 8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A. 8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments. 8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A. 8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B. 8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.

  • Rights and Obligations of Party A 0. Xxxxx A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations. 2. Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information. 3. Party A undertakes that all settlements and deposits relating to the Loan shall be conducted through its accounts opened with Party B or Party B’s relevant branch. 4. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan. 5. Party A shall utilize the Loan for the purpose as provided for hereunder. 6. Party A shall punctually repay the principal and interest in accordance with this Contract. 7. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B. 8. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract. 9. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect of this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed. 10. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital. 11. Where Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security in accordance with Party B’s instructions. The aforementioned activities shall include without limitation contracting, leasing, transformation to a stock company, forming an economic association with another enterprise, consolidation, merger, division, setting up a joint venture, application for suspension of production or for winding up or for bankruptcy. 12. Party A shall promptly inform Party B in writing, take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security(ies) in accordance with Party B’s instructions if there has occurred to Party A incident(s) during the term of this Contract that may have substantially negative effects on Party B’s performance of its obligations hereunder. The aforementioned incidents shall include without limitation the following: Party A ceases or suspends production; its corporate registration is canceled, or business license revoked; its legal representative or high-ranking officers are involved in illegal activities; it is involved in litigation with a major impact; great difficulties arise in respect to its production or operation; or its financial standing deteriorates. 13. Party A shall bear all fees and expenses in connection with this Contract and the security(ies) for this Contract including without limitation fees and expenses in respect to legal services, insurance, evaluation, registration, storage, authentication and notarization.

  • Rights and Obligations of Members Section 6.1

  • Rights and Obligations of Both Parties 7.1 Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..

  • Rights and Obligations of the Limited Partners 8.1 Management of the Partnership. The Limited Partners shall not participate in the management or control of Partnership business nor shall they transact any business for the Partnership, nor shall they have the power to sign for or bind the Partnership, such powers being vested solely and exclusively in the General Partner.

  • Rights and Obligations of Limited Partners Section 8.1 Limitation of Liability 27 Section 8.2 Management of Business 27 Section 8.3 Outside Activities 27 Section 8.4 Return of Capital 27 Section 8.5 Rights of Limited Partners Relating to the Partnership 27

  • Rights and Obligations of Each Fund The rights and obligations set forth in this Agreement with respect to each repurchase transaction shall accrue only to the Participating Funds in accordance with their respective interests therein. No other Fund shall receive any rights or have any liabilities arising from any action or inaction of any Participating Fund under this Agreement with respect to such repurchase transaction.

  • Additional Rights and Obligations The author(s) (and their employers as applicable), hereby authorise the Publishers to take such steps as they consider necessary at their own expense in the copyright owner’s name and on their behalf, if they believe that a third party is infringing or is likely to infringe copyright or the rights granted to the Publishers herein in the Contribution without further recourse to the copyright owner(s). The Corresponding Author acknowledges that all versions of the Contribution, and any associated reviews and responses to those reviews, may be published if the Contribution is accepted for publication. The Publishers expressly agree to place the final published post-production Contribution for display on PMC (including their international mirror sites) promptly after publication without extra charge for this deposit to the authors or their employers (provided PMC does not charge the Publishers), which will include any Publisher supplied amendments or retractions. The author(s) acknowledge and accept that BMJ may make additional changes to the Contribution as considered necessary in accordance with standard editorial processes whether before or after publication. The Corresponding Author will usually see proofs for their Contribution and every effort will be made to consult with the Corresponding Author if substantial alterations are made. BMJ may also retract or publish a correction or other notice when it considers this appropriate for legal or editorial reasons and this shall be at its absolute discretion which shall be exercised reasonably.

  • Absolute Rights and Obligations This is a guaranty of payment and not of collection. The Guarantor’s Obligations under this Company Guaranty Agreement shall be absolute and unconditional irrespective of, and the Company hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Company Guaranty Agreement and all Security Instruments to which it is a party by reason of: (a) any lack of legality, validity or enforceability of the Credit Agreement, of any of the Notes, of any other Loan Document, or of any other agreement or instrument creating, providing security for, or otherwise relating to any of the Guarantor’s Obligations, any of the Guaranteed Liabilities, or any other guaranty of any of the Guaranteed Liabilities (the Loan Documents and all such other agreements and instruments being collectively referred to as the “Related Agreements”); (b) any action taken under any of the Related Agreements, any exercise of any right or power therein conferred, any failure or omission to enforce any right conferred thereby, or any waiver of any covenant or condition therein provided; (c) any acceleration of the maturity of any of the Guaranteed Liabilities of the Guarantor’s Obligations of any other Guarantor, or of any other obligations or liabilities of any Person under any of the Related Agreements; (d) any release, exchange, non-perfection, lapse in perfection, disposal, deterioration in value, or impairment of any security for any of the Guaranteed Liabilities, for any of the Guarantor’s Obligations of any Guarantor, or for any other obligations or liabilities of any Person under any of the Related Agreements; (e) any dissolution of any Borrower, any Guarantor, any other Loan Party or any other party to a Related Agreement, or the combination or consolidation of any Borrower, any Guarantor, any other Loan Party or any other party to a Related Agreement into or with another entity or any transfer or disposition of any assets of any Borrower, any Guarantor, any other Loan Party or any other party to a Related Agreement; (f) any extension (including without limitation extensions of time for payment), renewal, amendment, restructuring or restatement of, any acceptance of late or partial payments under, or any change in the amount of any borrowings or any credit facilities available under, the Credit Agreement, any of the Notes or any other Loan Document or any other Related Agreement, in whole or in part; (g) the existence, addition, modification, termination, reduction or impairment of value, or release of any other guaranty (or security therefor) of the Guaranteed Liabilities (including without limitation obligations arising under any other Guaranty or any other Loan Document now or hereafter in effect); (h) any waiver of, forbearance or indulgence under, or other consent to any change in or departure from any term or provision contained in the Credit Agreement, any other Loan Document or any other Related Agreement, including without limitation any term pertaining to the payment or performance of any of the Guaranteed Liabilities, any of the Guarantor’s Obligations of any other Guarantor, or any of the obligations or liabilities of any party to any other Related Agreement; or (i) any other circumstance whatsoever (with or without notice to or knowledge of the Company) which may or might in any manner or to any extent vary the risks of the Company, or might otherwise constitute a legal or equitable defense available to, or discharge of, a surety or a guarantor, including without limitation any right to require or claim that resort be had to any Borrower or any other Loan Party or to any collateral in respect of the Guaranteed Liabilities or Guarantor’s Obligations. It is the express purpose and intent of the parties hereto that this Company Guaranty Agreement and the Guarantor’s Obligations hereunder shall be absolute and unconditional under any and all circumstances and shall not be discharged except by payment and performance as herein provided.

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