Undertakings and Acknowledgements. 22.1 The Recipient must:
(a) (Laws): comply with all applicable Laws;
(b) (sanctions): in connection with the Project, comply, and ensure that any Related Bodies Corporate comply, with Australian Sanctions Laws and use reasonable endeavours to ensure compliance by any of its subcontractors;
(c) (fraud): immediately notify ARENA in writing of any fraud or suspected fraud in connection with the Project and take such action as ARENA reasonably requires to manage the fraud;
(d) (Change in Control): promptly notify ARENA of any Change in Control or likely Change in Control of the Recipient;
(e) (WHS Law):
(i) comply with applicable WHS Law, and not do or allow to be done, or omit or allow to be omitted, anything which may result in ARENA being in breach of WHS Law;
(ii) immediately notify ARENA of any notifiable incidents under WHS Law, accidents, injuries, or damage to property of a serious nature that occurs in connection with the Project (WHS Notifiable Incident);
(iii) in relation to any WHS Notifiable Incident, if requested, provide to ARENA an investigation report on the causes and effects of, and corrective and preventative actions arising from, the incident and, provide updates on the status of any such actions as reasonably required by ARENA;
(iv) cooperate with ARENA as required in relation to any WHS Notifiable Incident; and
(v) ensure that its contracts with any subcontractors, Project Participants, consultants or other persons participating in the Project contain those provisions necessary to enable the Recipient to comply with its obligations under this clause 22.1(d) (Undertakings and Acknowledgements); and
(f) [Drafting note: The WHS Accreditation Scheme applies to Building Work that is: directly funded by ARENA and the value is greater than $4 million; or indirectly funded by ARENA if it is carried out under a contract with a value of $4 million or more (GST incl.) and the contribution made to the funding of the project by ARENA is at least: $6 million (GST inclusive) and represents at least 50% of the total funding; or $10 million.] (WHS Accreditation Scheme): where the Recipient or its subcontractor undertakes Building Work in carrying out the Project, to the extent required by the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), the Recipient must, in accordance with applicable requirements of the Work Health and Safety Accreditation Scheme:
(i) procure and maintain any required accreditation (including as required...
Undertakings and Acknowledgements i) We agree that neither of us nor our lawyers will initiate, or take any new steps, in any legal proceedings while the mediation is in progress, except for:
a. Matters where we both consent prior to any action being taken; or
b. Matters warranting an emergency order without notice.
ii) We agree that during these negotiations neither of us will, without the written consent of the other party:
a. Attempt to dispose of or mortgage any property;
b. Incur any significant debt or;
c. Change beneficiaries of life insurance plans, xxxxx, death benefits or health insurance plans.
Undertakings and Acknowledgements. 13.1 The Recipient must:
(a) (Laws): comply with all applicable Laws when carrying out the Study;
(b) (WHS Law):
(i) comply with applicable WHS Law; and
(ii) immediately notify ARENA of any notifiable incidents under WHS Law, accidents, injuries, or damage to property of a serious nature that occurs in connection with the Study;
(c) (privacy): comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and notify ARENA as soon as practicable if an eligible data breach within the meaning of that Act occurs with respect to the Study;
(d) (FOI): assist ARENA to comply with any request under the Freedom of Information Act 1982 (Cth) for access to a document created by, or in the possession of, the Recipient or any subcontractor, that relates to the performance of this Agreement;
(e) (subcontractors and Study Participants) in connection with the Study:
(i) not enter into a contract with a subcontractor or Study Participant named as an organisation that has not complied with the Workplace Gender Equality Act 2012 (Cth);
(ii) and in relation to Major Subcontract Work, only engage those subcontractors specified in item 7 of the Study Details or otherwise approved by ARENA in writing; and
(iii) ensure that its contracts with any subcontractors, Study Participants, consultants or other persons participating in the Study contain those provisions necessary to enable the Recipient to comply with its obligations under this Agreement;
(f) (insurance): in connection with the Study:
(i) have and maintain the insurances that would be maintained by a prudent business undertaking the Study; and
(ii) ensure that its subcontractors have and maintain appropriate insurance to cover the risk of the subcontractors' works, and, if requested by ARENA, provide certificates or other sufficient evidence to satisfy ARENA that such insurances have been procured and maintained;
(g) (books and records): at its own cost, until the Final Milestone Date and for a period of five years after the Final Milestone Date, keep, and require its subcontractors to keep, adequate books and records in sufficient detail to enable:
(i) all receipts and payments related to the Study to be identified and reported to ARENA; and
(ii) the amounts payable by ARENA under this Agreement to be determined or verified;
(h) (conflicts): if, during the Study, a conflict of interest arises, or appears likely to arise, notify ARENA as soon as practicable in writing, make full disclosure of all relevant infor...
Undertakings and Acknowledgements. The Recipient must:
Undertakings and Acknowledgements. We agree that neither of us nor our lawyers will initiate, or take any new steps, in any legal proceedings while the mediation is in progress, except for: a. Matters where we both consent prior to any action being taken; or b. Matters warranting an emergency order without notice.
Undertakings and Acknowledgements. 8.1 The Lessee undertakes to procure that the documents listed in Clause 6.1 are delivered to the New Lessor and Existing Lessor (where applicable) no later than at the Effective Time.
8.2 The Lessee undertakes, at the New Lessor’s cost, to replace the fireproof plates currently affixed to the Aircraft and each Engine with new fireproof plates bearing the wording: ‘‘This Aircraft/Engine is owned by Xxxxx Fargo Bank Northwest, National Association as owner trustee, leased to Sterling Airlines A/S and may not be operated by any other person without the prior written consent of Xxxxx Fargo Bank Northwest, National Association’’ and to notify the New Lessor of such replacement, as soon as practicable (but, in any event, not later than 10 Business Days) after the Effective Time.
8.3 The Lessee further undertakes, at no cost to the Lessee, to perform and do all such other and further acts and things and execute and deliver any and all such other instruments (including any notification to the Aviation Authority of changes in the ownership, registration and lease structure of the Aircraft and providing the New Lessor and the Existing Lessor with a copy of the certificate of registration in respect of the Aircraft naming the New Lessor as owner) as the New Lessor may reasonably require to reflect the change in the identity of the owner and lessor of the Aircraft recited in this Agreement.
8.4 The Existing Lessor undertakes to return to the Lessee the original of each of the Deregistration Power of Attorney and the Eurocontrol Letter, delivered by the Lessee to the Existing Lessor under the Lease as soon as practicable after the Effective Time.
Undertakings and Acknowledgements. 16.1. The parties undertake:
16.1.1. to notify one another if any representation or warranty made under any Transaction Document is or becomes incorrect or misleading; and
16.1.2. do everything necessary to ensure that all obligations are met under the Transaction Documents.
16.2. The Investor undertakes to notify Investec of the occurrence or expected occurrence of any Insolvency Event in respect of the Investor.
16.3. The Investor acknowledges and agrees that:
16.3.1. Investec is under no obligation to grant equal terms to each Investor;
16.3.2. Investec is under no obligation to accept an Investor’s Application or any CFD Order;
16.3.3. the Investor is solely liable for complying with any legal restrictions to which the Investor may be subject in respect of a Reference Security;
16.3.4. Investec Group, may engage in trading in CFDs for its proprietary accounts and on behalf of accounts under its management, which could affect the value, Close-out or Early Termination of a CFD, and Investec Group, may enter into CFDs and other transactions with parties other than the Investor at prices different from the Reference Security Prices reflected on the CFD System;
16.3.5. members of the Investec Group, may own Reference Securities that entitle them to voting rights and/or other rights relating to corporate actions in respect of the Reference Securities underlying the Investor’s CFDs. The interests of the Investor will not be taken account by members of the Investec Group in exercising such voting rights and/or other rights relating to corporate actions;
16.3.6. the Investor understands the advisability of reading this Agreement and has read, understands and accepts this Agreement;
16.3.7. the Investor has read, understands and accepts Schedule 7 (System Latency) and Schedule 8 (Investec Bank Limited Electronic Communication Indemnity) to this Agreement;
16.3.8. where Investec has accepted an application in respect of which more than one person has completed the Investor Application as joint applicants:
16.3.8.1. each of these persons is jointly and severally liable for the activities of the Investor; and
16.3.8.2. Investec is entitled, but not obliged, to act on the instructions or accept CFD Orders of any one of such persons or of any Authorised Agent purporting to have been appointed by any one of or all such persons and to assume, with no further enquiry, that each person has agreed to such instruction or CFD Order; and
16.3.8.3. subject to clause 16.3.8.1 ...
Undertakings and Acknowledgements. The Recipient agrees that: i) it will not assert any rights in respect of, nor contest the Provider’s ownership of, Information; ii) it will take all reasonable steps to protect the Information and keep it secure from unauthorised Persons; iii) it will co-operate with the Provider in any action it reasonably takes to protect the Information; iv) it will inform the Provider immediately if it becomes aware or suspects there has been a breach of the obligations in this clause 5 or an unauthorised disclosure of Information by a Representative of the Recipient; v) the Provider has no obligation to disclose Information to the Recipient and the Provider has an absolute discretion as to the Information which the Provider chooses to disclose; and
Undertakings and Acknowledgements. 5.1 The Participant undertakes to the Treasury that during the period from the date of this letter to 31 March 2012 (inclusive):
(A) it shall not, and shall procure that each other member of the Participant’s Group will not, treat (for the purposes of the Relevant Records, in recording risk classifications, in recording and calculating individual asset level write-offs, individual asset level impairments, collective or portfolio level impairments, balance sheet values calculated using the clean price, fair values, other balance sheet values and individual asset level credit value adjustments and in performing currency conversions):
(i) assets and exposures which form part of Abridged Covered Assets that are not AV Assets (and Non-Cash Realisations in respect of such Abridged Covered Assets) differently from assets and exposures that will not become so subject by reason of the former’s status as forming part of Abridged Covered Assets (or Non-Cash Realisations in respect of such Abridged Covered Assets), which status shall not be a relevant consideration in determining such treatment; or
(ii) assets and exposures which form part of Covered Assets (or Non-Cash Realisations in respect of Covered Assets) differently from assets and exposures which do not form part of Covered Assets (or Non-Cash Realisations in respect of Covered Assets) by reason of the former’s status as forming part of Covered Assets (or Non-Cash Realisations, as the case may be), which status shall not be a relevant consideration in determining such treatment;
(B) it shall, and shall procure that each other member of the Participant’s Group will, in respect of Abridged Covered Assets that are not AV Assets (and Non-Cash Realisations in respect of such Abridged Covered Assets) and for the purposes of the Relevant Records:
(i) record risk classifications in accordance with the ordinary business practices from time to time of the Participant’s Group (consistently applied);
(ii) record and calculate individual asset level write-offs:
(a) in accordance with the ordinary business practices from time to time of the Participant’s Group (consistently applied); and
(b) in accordance with the accounting policies from time to time of the Participant’s Group (consistently applied); and
(iii) record and calculate individual asset level impairments, collective or portfolio level impairments, balance sheet values calculated using the clean price, fair values, other balance sheet values and individual asset...
Undertakings and Acknowledgements
