Your commitments. (a) You represent that at all times during your dealings with us you will be in a position to meet all your commitments and obligations arising from these dealings.
(b) You represent that when you wish to sell shares, you own those shares and that they are available for delivery, and when you wish to buy shares, you will have sufficient funds to pay for those shares at the time the order is placed, and at the time the order is settled.
(c) Where you have a margin lending account, you acknowledge that you are liable for:
(i) all settlement obligations irrespective of whether your margin lender is able to deliver sufficient securities or funds to satisfy your obligations;
(ii) any over-sold positions on your account; and
(iii) the payment of monies owing on your account irrespective of whether the margin lender will advance you those monies.
(d) You agree that we may debit any of your accounts, or any margin lending facility, with monies that you owe us, eg unpaid settlement obligations.
(e) You acknowledge and agree that:
(i) we are entitled to cancel or reverse a dealing or order without further reference to you where a Market Operator has recommended or required cancellation or reversal for market integrity reasons, or where the market was operating under an error, or where the cancellation or reversal is permitted under Market Operating Rules;
(ii) the Market Operators may be entitled under Market Operating Rules to require cancellation or amendment of a dealing or order;
(iii) if you or a signatory appears to be a Proscribed Person, then we may immediately refuse to process or complete any transaction or dealing of yours; suspend the provision of a product or service to you; refuse to allow or to facilitate any of your assets held by us to be used or dealt with; refuse to make any asset available to you or to any other proscribed person or entity; or terminate these arrangements with you. We will be under no liability to you if we do any or all of these things. Our rights under this clause are in addition to all other rights we may have; and
(iv) if we exercise our rights under sub-clause 4.3(e)(iii) you must pay us any damages, losses, liabilities, costs or expenses that we incur in relation to any action taken, including without limitation administrative costs and/or costs of sale or purchase of any transaction or deal put in place for the purposes of meeting our obligations under these General Conditions.
(f) You acknowledge that we do not give perso...
Your commitments. Security Interest This is secured credit. You give us the security interests set out below. If you fail to meet your commitments under the contract or if you give a security interest in this property to another lender or someone else you will be in breach of this agreement and the creditor may be entitled to repossess and sell this property. If the creditor exercises its rights under its security interest and sells this property and the proceeds received from the sale are insufficient to repay the amount outstanding under the loan then you will remain liable for amount outstanding under the loan after the proceeds of sale are applied.
Your commitments. 2.1 The Grant Recipient undertakes: Use of the Grant
(a) to only use the Grant for the delivery of the Project and in accordance with the terms and conditions set out in this Agreement. The Grant shall not be used for any other purpose without the prior written agreement of SWW.
(b) not to make any significant change to the Project without providing prior written notification to SWW.
(c) not to apply for duplicate funding in respect of any part of the Project or any related administration cost that SWW is funding in full under this Agreement.
(d) to promptly repay to SWW any money incorrectly paid to it either as a result of an administrative error or otherwise. Record keeping
(e) to keep accurate records clearly showing how the Grant monies have been used and shall keep all invoices, receipts and accounts and any relevant documents relating to the expenditure of the Grant until the later of the date being three (3) years from the date of this Agreement or six (months) following completion of the Project. SWW may request to see and make copies of all such records that relate to expenditure of the Grant.
(f) to provide SWW with a progress report on the use of the Grant and delivery of the Project, including measured water savings delivered by the project, at least every quarter or at other such intervals required by SWW, and in such formats as SWW may reasonably require.
(g) to allow any person authorised by SWW to visit to monitor delivery of the Project.
(h) to provide SWW with a final report on the use of the Grant, including a summary of the measured water savings delivered by the project, on completion of the Project or within a period agreed by both parties to allow for the collection of any final measurement data. Publicity
(i) to not, without the prior written consent of SWW, apply SWW’s name or logo to the Project, and must obtain SWW;s prior written approval (not to be unreasonably withheld or delayed) for any press releases or publicity in connection with the Project which mention SWW. If the Grant Recipient uses SWW's name and logo the Grant Recipient agrees to comply with all reasonable guidelines issued by SWW from time to time.
(j) to tag SWW in any promotions or communications regarding the Project on social media platforms. Delay
(k) if it suspects or knows that the Project is, or is likely to be, delayed, whether as a result of Covid 19 or for any other reason, to immediately inform SWW.
Your commitments. The Lender has an interest in the Vehicle and/or property (collateral and real property) detailed in Schedule C (and on any attached schedules if used) to secure performance of your obligations under the contract, or the payment of money payable under the contract, or both. If you fail to meet your commitments under the contract, then to the extent of the security interest the Lender may be entitled to repossess and sell this property and the money you owe will be deemed as a disputed debt and the Lender will have the right to seek the Courts assistance in the recovery of the debt at your cost. Default Reporting If you fail to meet your commitments under the contract the Lender may provide information about that default to Equifax NZ for credit reporting purposes who may give information about the default to other Equifax customers. In the event of any default in payment and while the default continues you must pay the Default Fees on any unpaid balance. In the event of any breach of the contract or on enforcement of the contract, the default fees specified below are payable. Default fees: (i) A fee of $1.00 per day will apply from the time you fail to make a due payment until the arrears (including all default fees and all monies payable by reason of or in relation to your default) are paid. The daily default fee will be charged to your account on the same day and on the frequency as your payments are due. We will also charge to your account (Default fees): (ii) Missed Payment Fee of $30.00 is charged anytime you miss a payment, short pay or are late with a payment or other such default.
Your commitments. 10.1. ANY GAS LEAKS MUST BE REPORTED TO THE NATIONAL GAS EMERGENCY SERVICE ON 0800 111 999 IMMEDIATELY UPON DISCOVERY.
10.2. In order for Us to verify Your cover, when calling, please have Your customer ID number ready to quote. The Engineer may also ask You to produce Your GascoCare Total documents when they arrive at the Property.
10.3. You agree to keep Us fully and effectually indemnified against all claims or proceedings (including any associated losses or expenses) that may be brought or made against Us by any third party arising directly by reason of any act or omission by You (or any third party authorised by You) in connection with Your use of the Central Heating System provided always that
10.3.1. We shall promptly notify You of any such claims and proceedings of which We become aware; We shall promptly notify You of any such claims and proceedings of which We become aware;
10.3.2. We shall take all reasonable steps to mitigate any such losses and expenses and shall not compromise or settle any such claim without Your prior written consent (such consent not to be unreasonably withheld or delayed); and
10.3.3. We shall have no liability for any indirect loss, economic or consequential loss.
Your commitments. 3.1 You confirm that you have, and will continue to have, any and all necessary permissions and consents in order to:
(a) install the Charging Points at Your Business Address(es) (if you are a business); and
(b) install the Domestic Charging Point at Your Residential Address (if you are an employee or consumer).
3.2 The Installer may require additional assurances from you in relation to the Installation Services. Those will be set out in the Installation Contract.
Your commitments. The Lender has an interest in the Vehicle and/or property (collateral, other chattels and real property) detailed in Schedule C (and on any attached schedules if used) to secure performance of your obligations under the contract, or the payment of money payable under the contract, or both. If you fail to meet your commitments under the contract, then to the extent of the security interest the Lender may be entitled to repossess and sell this property and the money you owe will be deemed as a disputed debt and the Lender will have the right to seek the Courts assistance in the recovery of the debt at your cost. Default Reporting If you fail to meet your commitments under the contract the Lender may provide information about that default to Equifax NZ for credit reporting purposes who may give information about the default to other Equifax customers.
Your commitments. You warrant that all information provided by you in your application is complete and correct and is not misleading and agree that we may rely on that information unless and until we receive written notice of any change signed by you. Any such varied information will be covered by this warranty. It is your responsibility to advise N.Z. Gold Merchants in writing of any changes to the information submitted.
Your commitments. You warrant that all information provided by you in your application is complete and correct and is not misleading, and agree that we may rely on that information unless and until we receive written notice of any change signed by you. Any such varied information will be covered by this warranty.
Your commitments. (a) You must ensure that, and it is an essential term of these Acquirer Terms that, you comply in all respects with all requirements, obligations, limitations, restrictions and conditions in any rules and requirements issued from time to time by th e Card Schemes that regulate participants in the respective Card Schemes (Scheme Rules) in so far as they relate to your use of the payment services you receive from the Facilitator to accept payments from your customers. It is your obligation to familiarise yourself with any Scheme Rules, including as may be updated, amended or varied during the period in which you use the payment services.
(b) You acknowledge that any representations, undertakings and warranties you make to the Facilitator under the Facilitator Terms are also made to and for the benefit of Macquarie. In addition to those representations and warranties, you warrant to us and the Facilitator that:
i. you have the necessary power, capacity and authority to enter into this Sponsored Merchant Agreement and perform your obligations under it;
ii. you propose to use, and will use, the payment services for your own benefit only and will not resell, re-licence, re-purpose or otherwise extend the benefit or enjoyment of the payment services to any other person or entity (whether disclosed to us or not);
iii. all information supplied by you to us or the Facilitator in, and in support of, your application to use the payment services (including information about your business, business details, activities, products, services and/or other affairs) is true, accurate and current and not misleading (including by omission);
iv. your will only use the payment services for the purposes contemplated in this Sponsored Merchant Agreement and your use of the payment services will at all times comply with that agreement and all applicable laws, regulations, guidelines or standards; and
v. you will not use the payment services for any unlawful, illegal, fraudulent, misleading, deceptive or criminal purpose or activity.
(c) You must not use the payment services supplied to you under the Facilitator Terms in any jurisdiction outside Australia.
