XXXXXX'S DUTIES. 5.1. The Lessor is committed to deliver the Vehicle in perfect conditions and suitable for the agreed use, as recognized by the Customer by underwriting of the Leasing Contract, and complete with the equipment as per art. 2.
XXXXXX'S DUTIES. (a) Lender shall use reasonable care in the custody and preservation of any Collateral in its possession. Without limitation on other conduct which may be considered the exercise of reasonable care, Lender shall be deemed to have exercised reasonable care in the custody and preservation of such Collateral if such Collateral is accorded treatment substantially equal to that which Lender accords its own property, it being understood that Lender shall not have any responsibility for ascertaining or taking action with respect to calls, conversions, exchanges, maturities, declining value, tenders or other matters relative to any Collateral, regardless of whether Lender has or is deemed to have knowledge of such matters; or taking any necessary steps to preserve any rights against any Person with respect to any Collateral. Under no circumstances shall Lender be responsible for any injury or loss to the Collateral, or any part thereof, arising from any cause beyond the reasonable control of Lender.
(b) Lender may at any time deliver the Collateral or any part thereof to Borrower and the receipt of Borrower shall be a complete and full acquittance for the Collateral so delivered, and Lender shall thereafter be discharged from any liability or responsibility therefor.
(c) Xxxxxxx Xxxxxx, nor any of its directors, officers, employees, agents, attorneys or any other person affiliated with or representing Lender shall be liable for any claims, demands, losses or damages, of any kind whatsoever, made, claimed, incurred or suffered by Borrower or any other party through the ordinary negligence of Lender, or any of its directors, officers, employees, agents, attorneys or any other person affiliated with or representing Lender.
XXXXXX'S DUTIES. Lessee shall:
a. Pay rent when due;
b. Pay when due all utility charges which are the lessee's responsibility under paragraph 5 above;
c. Maintain the property in a clean and sanitary condition;
d. Properly use and operate electrical, gas, heating, plumbing and other appliances and utility fixtures in the property;
e. Properly dispose of garbage, rubbish, and waste, in a clean and sanitary manner at reasonable and regular intervals and pay for extermination or fumigation against pests (such as infestations of rodents, insects, or other animals) which are due to xxxxxx's acts, neglects, errors, or omissions. If the property is a single-family residence, the lessor shall not be required to control infestation during the tenancy. If the property is a single family residence, lessee shall furnish containers for the removal of garbage, rubbish, and waste. Lessee shall properly dispose of toxic and hazardous substances such as gasoline, fuels, solvents, fertilizers, pesticides, petrochemicals, batteries, acids, paints and similar substances and not release or leave any such substances on the property or in nearby properties or drainage or sewer systems;
f. Not intentionally or negligently cause damage to, deface, destroy, impair, or remove any part of the property or any appliances or fixtures on the property. The lessee's duty to refrain from damaging the property includes the duty to repair any such damage promptly, including but not limited to the repair of damage to glass and screens, and not to wait until the tenancy terminates. The lessee is also responsible under this paragraph for damage to the property caused by xxxxxx's guests;
g. Not cause nuisance, waste, destruction, or deterioration of the property;
h. Not engage in or allow illegal drug activity on the property;
i. Maintain all smoke alarms on the property. The lessee shall assure that the smoke alarms are always functioning and supplied with fresh batteries. The lessee has a duty to furnish proof to the lessor that the smoke alarms are functioning, upon request by lessor from time to time;
j. Not engage in any activity that is imminently hazardous to the physical safety of other persons on the property or in neighboring property. This duty to refrain from hazardous activity includes, but is not necessarily limited to, the duty to refrain from physical assaults and unlawful use of firearms or other deadly weapons;
k. Upon termination of the tenancy, restore the premises to their initial condition ...
XXXXXX'S DUTIES. Xxxxxx agrees to take all necessary steps to provide adequate service to the client as agreed by the parties. The Renter agrees to duly notify the client of any changes and/or requirements to its services or any changes to the service(s) of the client. Renter shall ensure that the rented items are available on the required/scheduled day.
XXXXXX'S DUTIES. 5.1. The Lessor is committed to delivering the Vehicle in perfect condition and suitable for the
XXXXXX'S DUTIES. 3.1 Xxxxxx agrees, promises, and represents that Xxxxxx shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level DEHP in the Covered Products does not exceed 0.1% by weight.
XXXXXX'S DUTIES. 2.1 Lender shall provide lists of the programs and types of loans that Lender will offer; such lists will include applicable interest rates, loan limits, loan-to-value ratios, points, and fees.
2.2 Upon receipt of a Loan Application from Broker, Lender shall determine whether the Loan Application meets the terms and requirements of any available loan program and Lender shall approve or deny the Loan Application at Xxxxxx’s sole discretion. Loan Applications submitted to Lender will be underwritten in accordance with all laws, regulations, and standards, including but not limited to secondary market standards, as may be applicable. Nothing contained in this Agreement shall obligate Lender to approve or fund any Loan Application submitted by Broker.
2.3 Conditional approval of a Loan Application shall be made in writing and will cover only the specific Loan Application submitted by Broker for approval. Lender is under no obligation to accept any minimum number or percentage of Loan Applications, or any Loan Applications at all, from Broker.
2.4 Lender shall communicate to Broker, by telephone or in writing, Xxxxxx’s approval or declination of each Loan Application. Lender expressly disclaims any inference Broker may draw as to the general quality or acceptability of the underlying Loan Application. After consultation with applicant, Xxxxxx shall advise Lender of the applicant’s acceptance or non-acceptance of such conditional offer.
2.5 Lender will not communicate directly with applicant(s), either by written or verbal communication, except as required by applicable federal, state, or local laws, as expressly permitted pursuant to this Agreement, or with consent of the Broker.
2.6 Lender shall pay Broker pursuant to the Lender’s Broker Compensation Addendum to this Agreement, which is attached hereto and incorporated herein.
XXXXXX'S DUTIES. The Lessee undertakes:
1. Not to interfere with the Tents, their working mechanisms or any other parts of them and to take reasonable care of the Tents and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Lessee by the Lessor;
2. To place all Décor under rain proof cover in rainy weather and allow and/or procure that the Lessor is allowed to notify the Lessor immediately after any breakdown, loss and/or damage to the Tents;
3. To take adequate and proper measures to protect the Tents from theft, damage and/or other risks;
4. To timeously notify the Lessor of any change of the Site;
5. To permit the Lessor at all reasonable times to inspect the Tents;
6. To keep the Tents at all times in its possession and control and not to remove the Tents from the Site without the prior written consent of the Lessor;
7. To be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Tents required by any applicable legislation, regulations, governmental or other directives, best practice and/or operating instructions except to the extent that the Lessor has agreed to provide them as part of the Services;
8. Not to do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Tents which is notified to the Lessee by the Lessor;
9. Not to continue to use the Tents where they have been damaged and shall notify the Lessor immediately if the Tents are involved in any accident resulting in damage to the Tents, other property and/or injury to any person;
10. Not to repair the Tents without the prior written consent of the Lessor. If repairs are made to the Tents without the consent of the Lessor, the Lessee agrees that it shall be liable to the Lessor for the replacement cost thereof and the terms of clause 12.3 below shall apply mutatis mutandis;
11. not to purport to sell, let, lease, loan, pledge, transfer or otherwise encumber or dispose of the Tents or any part thereof without the prior written consent of the Lessor;
12. to keep the Tents free from attachment, hypothec or other legal charge or process; and not to move or modify any Tents set up or erected by the Lessor.
XXXXXX'S DUTIES a) to transfer into the Borrower's bank account, in tranches, the approved amounts from the approved credit line, within 3 (three) days of approval by the Lender of the Financing Applications;
b) to inform the Borrower, via the Conversion Notice, of the decision to convert the amounts borrowed and the calculated related capitalized interest into shares, by increasing the share capital;
c) Where SNN refuses/does not approve the Financing Application filed by EN, to provide EN with a written reasoning of not having approved the Financing Application, within 5 (five) days of its receipt.
d) to confirm the monthly amount of the interest capitalized hereunder.
XXXXXX'S DUTIES. 3.1 Xxxxxx agrees, promises, and represents that after the Effective Date Allary shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level of DBP in the Covered Products does not exceed 0.1% and the level of DEHP in the Covered Products does not exceed 0.1%.
3.2 Xxxxxx agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Products in existing inventory that have not been reformulated, it will provide warnings on such Covered Products that comply with Proposition 65. The warnings shall be provided in such a conspicuously and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that “WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects, or other reproductive harm” shall constitute compliance with Proposition 65 with respect to the Listed Chemicals in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Releasees or Downstream Releasees after the Effective Date.
