XXXXX OBLIGATIONS. A Xxxxxxx's acceptance of funds directly under the Grant or indirectly through a subaward acts as acceptance of the authority of the state, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that DFPS may request includes, but not limited to:
1. Participant files in their entirety (includes, but not limited to):
a. Progress notes
b. Action plans
c. Registration forms
d. Surveys
e. Sign-in sheets f. Monthly tracking forms g. Referral information
2. Invoices that support monthly xxxxxxxx 3. Receipts that support monthly xxxxxxxx 4. Xxxxxxx's full general ledger
XXXXX OBLIGATIONS. 5.1 Provision of the Services
(a) provide the Services for use by the Subscriber, in accordance with the Service Charter and this Participation Agreement;
(b) not store any:
(i) Personal Information; or
(ii) Confidential Information of the Subscriber; outside Australia; and
(c) comply with the Operating Requirements applicable to an ELNO.
XXXXX OBLIGATIONS. A Xxxxxxx's acceptance of funds directly under the Grant or indirectly through a subaward acts as acceptance of the authority of the State, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that DFPS may request include, but are not limited to:
1. Participant files in their entirety. This includes, but is not limited to:
a. Progress notes.
b. Action plans.
c. Registration forms.
d. Surveys.
e. Sign-in sheets. f. Monthly tracking forms.
XXXXX OBLIGATIONS a. To operate the Rubble Site in accordance with the terms set forth herein;
b. To abide by all applicable laws and permit requirements of the operation of a Type IIB Solid Waste Disposal Site and ensure that all operations are in compliance with all local, state, and federal laws, rules, regulations, and permits or leases covering the same.
x. XXXXX shall be available for any inspections by federal, state, or local authorities.
x. XXXXX shall be responsible for disposing or removal of personal property, equipment, scrap metal, vehicles, and all salvage materials at required intervals and at the end of the contract.
x. XXXXX shall be responsible for disposing of tires including costs of disposal on an annual basis. No tires shall become a permanent part of the Rubble Site.
x. XXXXX shall maintain a complete record keeping system, including but not limited to income statements, accounts receivable and daily usage logs. XXXXX shall provide a written quarterly report to the managing entity representing the CITIES on usage, quantity waste disposal, income, and expenses. These records shall also be made available to CITIES at CITIES request for review.
x. XXXXX shall provide all necessary equipment for operation and maintenance of the Rubble Site. XXXXX is responsible for the year-round maintenance of all roads within the Rubble Site as well as access to and from the Rubble Site from Yellow Creek Road.
XXXXX OBLIGATIONS. 2.1 XXXX shall perform for Client the professional services (the "Services") specified in one or more Exhibits (in the form of Statement of Work signed by both parties), each of which will be made a part of this Agreement. In the event of a conflict between any term of this Agreement and an Exhibit, the terms of the Exhibit shall prevail.
2.2 Changes within the scope of the Services shall be made only in a writing executed by authorized representatives of both parties. XXXX shall have no obligation to commence work in connection with any change until the fee and/or schedule impact of the change is agreed upon by the parties in writing.
2.3 XXXX reserves the right to determine which of its personnel shall be assigned to perform the Services, and to replace or reassign such personnel during the term hereof; provided, however, that it will, subject to scheduling and staffing considerations, attempt to honor Client's request for specific individuals.
2.4 XXXX shall have the right to outsource its obligations under this Agreement to a third party, provided that XXXX shall remain responsible for its obligations under this Agreement that are performed by such third party.
XXXXX OBLIGATIONS. 3.1 Tate shall appoint an Authorised Representative and other nominated persons to liaise with the Contractor and shall advise the Contractor in writing of such appointments.
3.2 Tate shall provide the Contractor with such materials, facilities, services and other matters as may be agreed between them and which the Contractor reasonably requires from Tate in order to deliver the Services.
3.3 Tate shall pay the Contractor the Fees as set out in Schedule 1, on receipt of a valid invoice in accordance with Clause 7.
XXXXX OBLIGATIONS. In order to connect to the City’s water service, Xxxx’x is responsible for a three-inch (3”) Water Service Connection Fee (the “Fee”) of $10,343.75. The Fee shall be paid within thirty (30) business days after the execution of this Agreement. The Fee provided for in this Section is solely Xxxx’x obligation.
XXXXX OBLIGATIONS. It will constitute an Event of Default under this Agreement, the Credit Agreement and the other Loan Documents if (a) any holder of the Xxxxx Obligations exercises any rights or remedies against any Loan Party with respect to the Xxxxx Obligations, (b) any Loan Party makes any payment or principal or interest with respect to the Xxxxx Obligations, or (c) any Loan Party provides collateral to secure the Xxxxx Obligations.
H. A new Section 5.17 of the Forbearance Agreement is hereby added as follows:
XXXXX OBLIGATIONS. Xxxxx covenants that each Fund has agreed, based in part upon the recommendation of Xxxxx and contingent upon Karpus’ mutual acceptance of the terms of the Agreement, to the following measures solely with respect to such Fund:
(a) a tender offer campaign whereby the Fund:
(i) commences an initial tender offer as soon as reasonably practicable after the execution of this Agreement, but in any event, no later than April 29, 2016, for up to 15% of the then outstanding common shares of the Fund at a price equal to 98% of the NAV of the Fund’s common shares as determined as of the close of the regular trading session of the New York Stock Exchange on the date the tender offer expires. The tender offer shall expire on or before May 27, 2016; provided that the tender offer may be extended if required by law (“Tender Offer #1”);
(ii) commences a tender offer 6 months after the close of Tender Offer #1 for up to 5% of the then outstanding common shares of the Fund at a price equal to 98% of the NAV of the Fund’s common shares as determined as of the close of the regular trading session of the New York Stock Exchange (“NYSE”) on the date the tender offer expires, if the average of the daily trading discount from NAV of the Fund, is more than 8% (calculated as described in Section 1(b) of the Agreement) during the first full 12 calendar weeks following the close of Tender Offer #1 (“Tender Offer #2”). Such Tender Offer #2 shall expire within 20 business days, provided that the tender offer may be extended if required by law; and
(iii) commences a tender offer 12 months after the close of Tender Offer #1 for up to 5% of the then outstanding common shares of the Fund at a price equal to 98% of the NAV of the Fund’s common shares as determined as of the close of the regular trading session of the NYSE on the date the tender offer expires, if the average of the daily trading discount from NAV of the Fund is: (A) more than 8% (calculated as described in Section 1(b) of the Agreement) during the first full 12 calendar weeks following the close of Tender Offer #2 or, (B) if Tender Offer #2 does not occur, during the first full 12 calendar weeks commencing on the 25th week following the close of Tender Offer #1 (Tender Offer #3, together with Tender Offer #1 and Tender Offer #2, collectively, the “Tender Offer Campaign”). Such Tender Offer #3 shall expire within 20 business days, provided that the tender offer may be extended if required by law.
(iv) Each Tende...
XXXXX OBLIGATIONS. (a) XxxXx shall comply with its Anti-Corruption Policies and shall keep them under regular review in order to ensure that they continue to meet the requisite standard for adequate procedures.
(b) XxxXx may at any time, and shall within 20 Business Days of a reasonable request by a Shareholder, prepare draft amendments to the Anti-Corruption Policies which it shall submit to each Shareholder. Each Shareholder shall consider in good faith any draft amendments to the Anti-Corruption Policies submitted to it under this clause and shall in good faith take appropriate steps with a view to it and the other Shareholder agreeing revised Anti-Corruption Policies (with such amendments as it and the other Shareholder may agree) as soon as reasonably practicable.
(c) Nothing in this deed shall prevent XxxXx from complying with any applicable law (including any Economic Sanctions Law) to which it is or becomes subject.
