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Procurement of the Site 10.3.1 Pursuant to the notice specified in Clause 4.1.2, the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid licence and Right of Way to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by the Authority to the Concessionaire.
Access to the Site 22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.
Exception Where Databases Contain Sufficient Information A Reporting Financial Institution is not required to perform the paper record search described in subparagraph D.2. of this section if the Reporting Financial Institution’s electronically searchable information includes the following:
Providing the Services 3.1 The Services the Barrister is to supply in relation to the Case will be described in the Instructions and as may subsequently be agreed between the Barrister and the Solicitor.
Scope of the Services 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections.
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Scope of the Service It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. • The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. • THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. • Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. • To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. • All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. • In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. • THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:
INJURY ON THE JOB When an employee is injured on the job, there shall be no deduction from the employee's pay for the day in which the employee was injured and reported for medical care. When such employee returns to work following the injury, and is certified as ready and able to perform all regular duties, but requires medical treatment as a result of the same injury, the Employer shall adjust the work schedules without penalty to the Employer, to provide both the time for medical care and the number of hours of work for which the employee is regularly scheduled.
INFORMATION ON THE PARTIES 4.1. The Group and the Tenant The principal activities of the Group are the operation and management of a network of department stores in the PRC. The Tenant is an indirect wholly-owned subsidiary of the Company mainly participating in retail business.
