Xxxxx's Obligations. Buyer will not use any Vehicle or make any repairs or improvements to a Vehicle that is subject to an arbitration claim. Buyer may lose the right to make or continue a claim if Buyer drives Vehicle other than for test‐driving purposes (not to exceed 20 kms if Vehicle transported by carrier, or 250 kms if Vehicle transported by drive‐away). Pending a final decision on the claim, Buyer must, at its own expense, take reasonable steps to care for, preserve, secure and store the Vehicle until the Vehicle is properly returned. Buyer is not entitled to charge any parking, marshaling or other fees in connection with its preservation of the Vehicle. Buyer will be charged the cost of damage repair and/or assessed a penalty fee for any breach of this provision. If Buyer makes any repairs or improvements to a Vehicle while an arbitration claim is pending, it does so at its own risk. Generally, these costs will not be recoverable from the Seller; however, exceptions may be made in very limited circumstances at the Arbitrator’s discretion.
Xxxxx's Obligations. 2.1 Collaboration and Cooperation XXXXX agrees that it will work collaboratively and cooperatively with the City to facilitate the operation of the ELAHC. Without limiting the generality of the foregoing, ARIEL shall:
(a) allow access to and use of the Art Gallery to the general public;
(b) ensure ARIEL Staff monitors the front entrance of the ELAHC and operates a public reception area;
(c) sort, distribute, and accept mail and delivered parcels on behalf of the Tenants;
(d) engage a daily cleaning schedule/service to maintain the cleanliness of the Property, at its sole cost and responsibility;
(e) ensure promotional material and advertising is not discriminatory or derogatory in nature, from the view of race, sex, colour, creed, political affiliation or other social factors, and does not convey a secondary negative or offensive connotation, any sexual overtones, inappropriate humour, or slang, and does not in any anyway portray the City in a negative manner;
(f) provide annual financial reports and an annual operating budget, which shall set forth both anticipated revenues and expenses on an accrual basis, including details of anticipated expenses for maintenance and supporting documentation relating to the administration and operation of the Art Gallery, as may be requested by the City;
(g) ensure any and all volunteers of ARIEL receive provincially regulated, approved health and safety training, and completed criminal and vulnerable sector record checks at the sole cost and expense of XXXXX;
(h) engage a professional to install a hanging system to showcase the art;
(i) maintain the tourism literature rack in the foyer of the ELAHC;
(j) sell the City-branded merchandise at the Art Gallery;
(k) not change Tenants, without the City’s prior written consent;
(l) not charge Tenants a fee for rent;
(m) provide to the City, for the City’s review and approval, any contracts or leases entered into as between ARIEL and any Tenants;
(n) ensure that Tenants are notified there will be an energy meter installed with the kilns and that the Tenant’s contract or lease will obligate the Tenant to pay the City for the additional electricity used from the kilns based on the meter readings;
(o) ensure that any contract or lease between ARIEL and the Tenant is approved by the City and shall include an indemnification clause in favour of the City. The insurance as required of ARIEL in Section 2.7 shall apply in the same manner to any Tenant as it would to ARIEL. Further, it i...
Xxxxx's Obligations. Xxxxx agrees to cooperate with Xxxxxx in accomplishing the 53 objectives of this Agreement including, without limitation:
54 (A) Working exclusively with Broker during the term of this Agreement;
Xxxxx's Obligations. You are responsible for: Driving the vehicle in a cautious, prudent and normal manner. Any damage to the vehicle, any of its parts or any of the equipment provided with the van. For any loss or damage to additional equipment hired at the time of rental, including but not limited to equipment hired at the time of rental. Ensuring you always use the correct fuel. The payment of reasonable costs if we have to pay extra costs to return the vehicle to its condition when the pre- rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre- rental condition) or if the vehicle has been damaged internally or externally whilst in your care. Ensuring you do not sell, rent or dispose of the vehicle. Ensuring no one works on the vehicle without our permission. Ensuring you contact us as soon as possible and within a maximum of 12hrs of having an accident and/or any fault with the vehicle. For returning the vehicle to the place we agreed on your departure on time and on the date specified at the end of this agreement. Use the vehicle for any illegal purpose. Use the vehicle in a manner, which could cause damage. Use the vehicle to carry more persons than are permitted by any relevant authority or detailed in this agreement. The payment of reasonable costs if we have to pay extra costs to return the vehicle to its condition when the pre- rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre- rental condition) or if the vehicle has been damaged internally or externally whilst in your care. Use the vehicle while under the influence of alcohol or drugs. Drive the vehicle outside Sardinia (Italy), unless we have given you written permission. Use the vehicle or allow it to be used off road or on roads unsuitable for the vehicle.
Xxxxx's Obligations. Xxxxx will not discuss or communicate with any person about your account unless the person who contacts us is able to verify their identity against the Acceptable Identification details we hold for your account.
Xxxxx's Obligations. 3.1 Adare shall provide the Services: -
3.1.1 promptly and in a professional and courteous manner;
3.1.2 in accordance with the SLA and Good Industry Practice;
3.1.3 in accordance with all applicable UK and European laws and regulations;
3.1.4 in accordance with any reasonable instructions given by the Customer from time to time in writing.
Xxxxx's Obligations. 3.1 REKKI shall make Two Service Data available to the Pro-supplier through REKKI, so that the Pro-supplier can review the orders, invoices and historical detail.
3.2 Except as expressly permitted by mandatory law, the Pro-supplier must not, nor attempt or permit or enable others to:
(a) Sell, lease, rent, copy, and/or provide access to the Two Services to any third party (other than a Pro-supplier or a customer of the Pro-supplier in accordance with the Addendum);
(b) violate any applicable laws or regulations in the course of using the Two Services;
(c) upload, make available, and/or share any information or material via the Two Services which (i) violates the rights of third parties, including but not limited to, any Intellectual Property Rights or privacy or data protection rights, or (ii) is misleading, deceptive, false, fraudulent, illegal, harmful and/or defamatory;
(d) misrepresent or mask the Pro-supplier’s identity when using and interacting with the Two Service;
(e) scan and/or test the vulnerability of the Two Service or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical or license restrictions on the Two Services;
(f) use the Two Services API to circumvent restrictions in the Two Services or gain unauthorized access to data and operations in the Two Services; or
(g) reverse engineer, disassemble, decompile, or otherwise use the Two Service or Documentation in any way to develop, test, enhance or calibrate any models, system, or services that are similar to any features of the Two Services and/or attempt to do any of the foregoing or cause or permit a third party to do or attempt to do so.
Xxxxx's Obligations. 4.1 Jojka is obliged to provide the Service and any other agreed, supplementary services for the Period of Agreement in accordance with the Service Agreement.
4.2 Jojka must provide the Service with due care and, in general, in a professional manner. The service must be provided, unless otherwise stated in the Service Agreement, in accordance with such methods and standards as Jojka generally adheres to in the provision of similar services.
Xxxxx's Obligations. 4.1. Hirer undertakes that, at all times during the Hire Period and until return of Equipment to PBH, Hirer shall:
4.1.1. take all reasonable care of Equipment to ensure its safety and security;
4.1.2. check Equipment on delivery and before taking into use and immediately notify PBH of any defect, loss or damage at any time;
4.1.3. ensure Equipment is only used in a safe manner by competent persons without risk to health; in accordance with good practice and any instructions of the manufacturer or PBH and not contrary to any law or for any purpose for which Equipment is not designed or reasonably suitable;
4.1.4. unless authorised by PBH, not attempt to modify or repair the Equipment, open the outer case (unless required in normal use) or remove any notices or serial numbers on the Equipment;
4.1.5. upon request inform PBH of the location of Equipment and permit or procure access for PBH or its agents to the Equipment for inspection, repair or otherwise as PBH may require;
4.1.6. if transit of Equipment is arranged by Xxxxx, obtain all necessary customs clearances, comply with all applicable import/export regulations and pay all charges, taxes and duties;
4.1.7. take all reasonable steps to safeguard the health, safety and welfare of PBH’s personnel while on- site and conduct and provide PBH with copies of all relevant risk assessments and other health and safety documentation;
4.1.8. not sell, sub-rent or otherwise dispose of or part with possession of Equipment or any interest therein or do or permit to be done any act or thing which may jeopardise PBH's rights therein but keep Equipment in Hirer’s possession and control free from lien, charge or encumbrance so that Equipment shall at all times remain property of PBH or its legal owner;
4.1.9. where PBH's Services are dependent on provision of other equipment or services arranged by Xxxxx, ensure that all such equipment and services are provided on time when required; the equipment is of adequate quality and specification and in good working order; and the services are provided by persons of adequate competence and experience using reasonable care and skill..
4.2. Hirer undertakes (notwithstanding termination of the Hire) to indemnify PBH against all liabilities whatsoever arising out of the possession, operation or use of Equipment by or on behalf of Xxxxx provided that such indemnity shall not extend to liability for death or personal injury caused by PBH's negligence.
Xxxxx's Obligations. 5.1 Joule undertakes that the Services and Support will be provided with reasonable skill and care, and that it will use reasonable endeavours to maintain the Hosting Services for the duration of the Subscription Term.
5.2 The undertaking at clause 5.1 shall not apply to the extent of any non- conformance which is caused by (a) use of the Software or Services contrary to Joule’s instructions or otherwise than as permitted by the Agreement, (b) modification or alteration of the Software by any party other than Joule or Joule’s duly authorised contractors or agents, without Joule’s written consent; (c) use of the Software in an application, or with any software, hardware or materials for which it was not intended; (d) the Software or Services are used otherwise than as permitted by the Agreement; (e) issues with the Customer Equipment; (f) interaction of the Software with other software programmes or plugins maintained by the Customer; or (g) acts or omissions otherwise attributable to the Customer and/or outside Joule’s reasonable control. If the Services, Support or Hosting Services do not conform to the undertaking in clause 5.1, Joule will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of such undertaking. Notwithstanding the foregoing, Joule does not warrant that the Customer's use of the Hosting Services and Software will be uninterrupted or error-free.
5.3 The Agreement shall not prevent Joule from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Agreement.
5.4 Joule warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under the Agreement.
5.5 Timing for performance of Joule’s obligations under the Agreement shall not be of the essence.
