TRACEABILITY OF FINANCIAL FLOWS Sample Clauses

TRACEABILITY OF FINANCIAL FLOWS. Pursuant to art. 3 of Law no. 136 of August 13, 2010, when the Supplier is a subcontractor of the companies involved in public works, services and supplies, he shall undertake the financial flows traceability obligations provided for by the above-mentioned law, under penalty of Order termination, and namely: a) the obligation to use a current account dedicated, not exclusively, to public procurement contracts, and thus to the Order, opened at banks, with notification to the body concerned and to Company of the account data provided for by the law; b) the obligation to carry out all the financial transactions related to public procurement contracts, and thus to the Order, by bank or post transfer or by other payment instruments ensuring that the operations are fully traceable; c) the obligation to specify in the above-mentioned payment instrument the call for tender identification code; The Supplier, in his capacity as a subcontractor of Company with reference to a public procurement contract, undertakes to include in the contracts with his subcontractors, related to any public procurement, the clause mentioned in paragraph 1 and to forward a copy of the contracts in question to the body concerned.
AutoNDA by SimpleDocs
TRACEABILITY OF FINANCIAL FLOWS. 13.1 Borsa Italiana and the Client assume all obligations regarding the traceability of the financial flows provided by Law 136/2010, as subsequently amended and implemented (the “Traceability Obligations”). 13.2 In relation to the payments to be made pursuant to the present Contract, the Client, if it is a public contractor pursuant to decree law no. 50/2016 (Code of public contracts), to ensure the enforcement of Law 136/2010 and subsequent amendments, undertakes to communicate to Borsa Italiana, by the form attached to these Agreement under Annex 2 (Traceability Obligations), the identification bidding code (CIG) and, in case, the unique code of project (CUP). 13.3 In particular, in fulfilling the Traceability Obligations, Borsa Italiana will communicate to the Client: (i) the bank accounts details to be used, also non exclusively, for the payments to be made by the Client pursuant to the present Agreement; (ii) the personal details and the fiscal code of the persons delegated to operate on them, indicating the relevant role and powers, within 7 (seven) days from the creation of the accounts above (or, in case of existing accounts, within 7 (seven) days from their first use in relation to the payments made by the Client). 13.4 It being understood that, save for possible derogations and partial exemptions to Law 136/2010, failure to use instruments suitable to permit the full traceability of the financial flows (for instance, bank or post transfer) and the failure to comply with any other Traceability Obligations, are ground to terminate the present Agreement. 13.5 Borsa Italiana undertakes, in particular, to inform the Client and the Prefecture (territorial office of the Government of the province where the Client has its registered office) if it becomes aware of breaches by its contractual counterparties, if any, in relation to the Traceability Obligations.
TRACEABILITY OF FINANCIAL FLOWS. In the event that the Customer is awarded a public sector contract which Customer will fulfill through this Agreement, following article 3 of law No. 136/2010 and following amendments, the parties agree on assuming all the obligations set forth in this article in relation to the traceability of financial flows. Should the parties not to be in compliance with these obligations, this Agreement shall be considered as null and void.
TRACEABILITY OF FINANCIAL FLOWS. (a) If a public tender is awarded to one of the Parties (“aggiudicazione di procedura ad evidenza pubblica”), pursuant to Article 3 of Italian Law 136/2010 as amended from time to time, the Parties assume all the obligations of financial flows’ traceability, otherwise this agreement will be considered as null and void. (b) The Parties also undertake to notice the contracting authority and the competent “prefettura- ufficio territoriale” about any non-fulfilment of the obligations mentioned under letter (a) above. Date
TRACEABILITY OF FINANCIAL FLOWS. In the event that the Supplier Italy is awarded a public sector contract which Supplier Italy will fulfill through this Agreement, following article 3 of law No. 136/2010 and following amendments, the parties agree on assuming all the obligations set forth in this article in relation to the traceability of financial flows. Should the parties not to be in compliance with these obligations, this Agreement shall be considered as null and void. The parties agree to communicate to the public sector Supplier Italy and to the relevant territorial Prefect’s office, possible infringements of the above-mentioned obligations.
TRACEABILITY OF FINANCIAL FLOWS. ‌ 23.1 Traceability of financial flows. In the event that the Customer is awarded a public sector contract which Customer will fulfill through this Agreement, following article 3 of law No. 136/2010 and following amendments, the parties agree on assuming all the obligations set forth in this article in relation to the traceability of financial flows. Should the parties not to be in compliance with these obligations, this Agreement shall be considered as null and void. 23.2 The parties agree to communicate to the public sector customer and to the relevant territorial Prefect’s office, possible infringements of the above- mentioned obligations.
TRACEABILITY OF FINANCIAL FLOWS. (a) If a public tender is awarded to one of the Parties (“aggiudicazione di procedura ad evidenza pubblica”), pursuant to Article 3 of Italian Law 136/2010 as amended from time to time, the Parties assume all the obligations of financial flows’ traceability, otherwise this agreement will be considered as null and void. (b) The Parties also undertake to notice the contracting authority and the competent “prefettura- ufficio territoriale” about any non-fulfilment of the obligations mentioned under letter (a) above. Date Signature In accordance to the provisions set forth in artt. 1341 and 1342 of the Italian Civil Code, Customer hereby expressly acknowledges and accepts the following clauses:
AutoNDA by SimpleDocs
TRACEABILITY OF FINANCIAL FLOWS. The Company assumes the obligations pertaining to the traceability of financial flows pursuant to Article 3 of Law No. 136 of 13 August 2010, as amended. In the event of non-compliance, the insurance contract and all sub-contracts derived therefrom shall be deemed terminated by right pursuant to Article 1456 of the Italian Civil Code and the sanctions provided for in Article 6 of the aforementioned law shall be applied. PAYMENTS The Company assumes the obligations set forth in Article 3 of Law No. 136 of 13/08/2010, as amended and supplemented, both in its direct relations with the Policyholder and with its collaborators, including the insurance broker, if any, concerning the traceability of financial flows. The payment of the consideration for this tender shall be made, as declared by the Company, by bank/postal transfer or other payment instrument suitable to allow full traceability of the transactions to the following dedicated current account in the name of Europ Assistance Italia S.p.A. Banca - UniCredit – IBAN XX00X0000000000000000000000. As stated by the Company, the person delegated to operate the aforementioned current account is understood to be: XXXXX XXXXXXXXXXX born in BUSTO ARSIZIO (VA) on 25.06.1976 - Tax Code: XXXXXX00X00X000X. The Company, in compliance with the provisions of Article 3 of Law No. 136 of 13 August 2010 as amended, undertakes to use the aforesaid dedicated current account. Payments will be made exclusively by bank/postal transfer or other payment instrument suitable to allow full traceability of the transactions, which must report, in relation to each transaction, the tender identification code(CIG) and/or the unique project code (CUP) assigned by the Public Administration
TRACEABILITY OF FINANCIAL FLOWS. 5.1. By entering into this Contract, the Contractor assumes, under penalty of the absolute nullity of this Contract, the obligations of traceability of financial flows set forth in Article 3 of Law No. 136/2010. The Contract shall be terminated by right in the event transactions are executed in breach of the provisions of Law No. 136/2010. 5.2. The Contractor, under its own exclusive responsibility, shall promptly notify Cremona ASST of any variations that may occur with regard to the above-mentioned crediting methods. In the absence of such communication, even if the variations are published in the manner required by law, the Contractor shall not be entitled to raise exceptions with regard to any delays in payment, nor with regard to payments already made.

Related to TRACEABILITY OF FINANCIAL FLOWS

  • Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement.

  • Fund Valuation and Financial Reporting Services (1) Account for Fund share purchases, sales, exchanges, transfers, dividend reinvestments, and other Fund share activity as reported by the Fund’s transfer agent on a timely basis. (2) Apply equalization accounting as directed by the Fund. (3) Determine net investment income (earnings) for the Fund as of each valuation date. Account for periodic distributions of earnings to shareholders and maintain undistributed net investment income balances as of each valuation date. (4) Maintain a general ledger and other accounts, books, and financial records for the Fund in the form as agreed upon. (5) Determine the net asset value of the Fund according to the accounting policies and procedures set forth in the Fund’s current prospectus. (6) Calculate per share net asset value, per share net earnings, and other per share amounts reflective of Fund operations at such time as required by the nature and characteristics of the Fund. (7) Communicate to the Fund, at an agreed upon time, the per share net asset value for each valuation date. (8) Prepare monthly reports that document the adequacy of accounting detail to support month-end ledger balances. (9) Prepare monthly security transactions listings.

  • Monthly Financial Reports Manager shall cause to be prepared and delivered to Tenant reasonably detailed unaudited monthly operating reports (the “Monthly Reports”) that reflect the operational results of the Managed Facility for each month of each Operating Year. Manager shall deliver each Monthly Report to Tenant on or before the twenty fifth (25th) day of the month following the month (or partial month) to which such Monthly Report relates. At a minimum, the Monthly Reports shall include: (a) a balance sheet including current and prior month and prior year-end comparisons (to the extent applicable) and differences in reasonable detail; (b) an income and expense statement for such month and for the elapsed portion of the current Operating Year through the end of such month (with comparison to previous year); (c) a statement of cash flows for such month and for the elapsed portion of the current Operating Year through the end of such month (with comparison to previous year) in reasonable detail to allow Tenant to identify and ascertain sources and uses thereof; (d) a statement of account balances in each Bank Account; and (e) such other reports or information otherwise specified in this Agreement to be provided to Tenant on a monthly basis or as Tenant and Manager may reasonably agree from time to time. Notwithstanding anything to the contrary contained in this Section 10.2, Manager shall not be obligated to deliver a Monthly Report for the last month of each calendar quarter.

  • Accounting Methods and Financial Records Maintain a system of accounting, and keep such books, records and accounts (which shall be true and complete in all material respects) as may be required or as may be necessary to permit the preparation of financial statements in accordance with GAAP and in compliance with the regulations of any Governmental Authority having jurisdiction over it or any of its properties.

  • Financial Statements; Non-GAAP Financial Measures The financial statements included or incorporated by reference in the Registration Statement and the Prospectus, together with the related schedules and notes, present fairly in all material respects the consolidated financial position of the Company and the respective entities to which such financial statements relate (the “Covered Entities”) at the dates indicated and the consolidated statements of operations, stockholders’ equity (deficit) and cash flows of the Covered Entities for the periods specified; said financial statements have been prepared in conformity with U.S. generally accepted accounting principles (“GAAP”) applied on a consistent basis throughout the periods involved. The supporting schedules, if any, present fairly in all material respects in accordance with GAAP the information required to be stated therein. The selected financial data and the summary financial information included in the Registration Statement and the Prospectus present fairly in all material respects the information shown therein and have been compiled on a basis consistent with that of the audited financial statements included therein. Any pro forma financial statements and the related notes thereto included in the Registration Statement and the Prospectus present fairly in all material respects the information shown therein, have been prepared in accordance with the Commission’s rules and guidelines with respect to pro forma financial statements and have been properly compiled on the bases described therein, and the assumptions used in the preparation thereof are reasonable and the adjustments used therein are appropriate to give effect to the transactions and circumstances referred to therein. Except as included therein, no historical or pro forma financial statements or supporting schedules are required to be included or incorporated by reference in the Registration Statement or the Prospectus under the Securities Act. All disclosures contained in the Registration Statement or the Prospectus, or incorporated by reference, regarding “non-GAAP financial measures” (as such term is defined by the rules and regulations of the Commission) comply in all material respects with Regulation G of the Exchange Act and Item 10 of Regulation S-K of the Securities Act, to the extent applicable. The interactive data in Inline eXtensible Business Reporting Language incorporated by reference in the Registration Statement and the Prospectus, if any, fairly present the information called for in all material respects and has been prepared in accordance with the Commission’s rules and guidelines applicable thereto.

  • Quarterly Financial Reports The School shall prepare and submit quarterly financial reports to the Commission within 45 days of the end of each fiscal year quarter.

  • Meteorological Data Reporting Requirement (Applicable to wind generation facilities only)

  • Certain Available Information The Securities Administrator shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Holder of a Certificate or any Person identified to the Securities Administrator as a prospective transferee of a Certificate, originals or copies of the following items: (i) in the case of a Holder or prospective transferee of a Class C Certificate, a Class P Certificate or a Residual Interest, any related private placement memorandum or other disclosure document relating to such Certificates, if any, in the form most recently provided to the Securities Administrator; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Securities Administrator since the Closing Date pursuant to Section 10.01(h), (D) any and all Officers’ Certificates delivered to the Trustee by the Servicer since the Closing Date to evidence the Servicer’s determination that any P&I Advance was, or if made, would be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance, respectively, and (E) any and all Officers’ Certificates delivered to the Securities Administrator by the Servicer since the Closing Date pursuant to Section 4.04(a). Copies and mailing of any and all of the foregoing items will be available from the Securities Administrator upon request at the expense of the person requesting the same.

  • Financial Ability Each of the Buyer Parties acknowledges that its obligation to consummate the transactions contemplated by this Agreement and the Brewery Transaction is not and will not be subject to the receipt by any Buyer Party of any financing or the consummation of any other transaction other than the occurrence of the GM Transaction Closing and, in the case of the Brewery Transaction, the consummation of the transactions contemplated by this Agreement. The Buyer Parties have delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A. (“Bank of America”), JPMorgan Chase Bank N.A. (“JPMorgan”) and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the Brewery Transaction. The Buyer Parties have delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein), the Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or any of its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the Knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Article 4 and performance by ABI of its obligations under this Agreement and the Brewery SPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach, default or failure to satisfy any condition precedent set forth therein. As of the date hereof, no lender has notified CBI of its intention to terminate the Financing Commitment or not to provide the Financing. There are no conditions precedent or other contingencies related to the funding of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. The aggregate proceeds available to be disbursed pursuant to the Financing Commitment, together with available cash on hand and availability under CBI’s existing credit facility, will be sufficient for the Buyer Parties to pay the Purchase Price hereunder and under the Brewery SPA and all related fees and expenses on the terms contemplated hereby and thereby in accordance with the terms of this Agreement and the Brewery SPA. As of the date hereof, CBI has paid in full any and all commitment or other fees required by the Financing Commitment that are due as of the date hereof. As of the date hereof, the Buyer Parties have no reason to believe that CBI and any of its applicable Affiliates will be unable to satisfy on a timely basis any conditions to the funding of the full amount of the Financing, or that the Financing will not be available to CBI on the Closing Date.

  • Financial Forecasts You understand that any financial forecasts or projections are based on estimates and assumptions we believe to be reasonable but are highly speculative. Given the industry, our actual results may vary from any forecasts or projections.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!