Common use of Your Undertakings Clause in Contracts

Your Undertakings. 7.1 You undertake with the Owner that you: (a) are responsible for all loss or damage whatsoever including the cost of repairs suffered or incurred by the Owner in consequence of any breakdown or damage to the Chattel where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse of the Chattel on your part or by persons under your control to the extent that the Owner's insurance cover does not cover such loss or damage; (b) ensure the person driving the Vehicle holds a current full driver’s licence appropriate for the Vehicle. (c) will use only competent appropriately qualified operators to operate the Chattel, and where a Designated Operator is specified in Item 8 of the Schedule, you will ensure that only that person will operate the Chattel unless the Owner agrees otherwise in writing with you; (d) will at your own expense supply all electricity for the operation of the Chattel; (e) are responsible, subject to clause 5 (Insurance – Insurance Charge), for any loss or damage to the Chattel from the time you take possession of the Chattel until it is returned to the Owner’s possession; (f) shall notify the Owner in writing immediately if the Chattel is lost or damaged and shall follow all reasonable instructions of the Owner; (g) shall take proper and reasonable care of the Chattel and return it in good order and condition; (h) shall satisfy yourself that the Chattel is suitable for your intended use; BBQ Hire Agreement 2 (i) shall use the Chattel in a lawful manner with due regard to all laws and regulations pertaining to the use of such Chattel; (j) shall immediately notify the Owner by telephone if the Chattel breaks down; (k) shall except as permitted by the Consumer Xxxxxxxxxx Xxx 0000 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against you or arising directly or indirectly from your use of the Chattel; (l) shall indemnify the Owner against any claim made by any person against the Owner for any loss suffered or liability incurred arising directly or indirectly out of your use or possession of the Chattel; (m) shall ensure that when the Chattel is not in use during the Term it is securely stored and/or locked; (n) shall not sell, assign or transfer the Chattel, or otherwise part with possession of, or mortgage, charge or encumber the Chattel in any way. (o) shall not operate the Vehicle or Chattel or permit it to be operated in breach of the Land Transport Xxx 0000, the Traffic Regulations 1976 or any other Act, regulations, rules or bylaws relating to road traffic; (p) shall not use a Vehicle to tow the Chattel or permit it to be towed/operated for the transport of more than the weight of goods specified in the certificate of loading for the Vehicle; (q) will ensure that a copy of this Agreement is kept within the Vehicle throughout the Term and produced without delay for inspection upon demand by an enforcement officer; (r) will ensure you return the Chattel in the same order and condition in which it was required and ensure that it is cleaned. If the Chattel is not returned in such a condition, you acknowledge you will be charged the cleaning charge as detailed in Item 5, which the Owner can deduct from any bond held prior to release of the balance of the bond to you. 7.2 You will be responsible for all penalties relating to traffic offences incurred during the Term, including without limitation speeding, parking, toll and traffic signal offences. You acknowledge that an administration fee of $45.00 including GST will be charged by the Owner to you to process these infringements. 7.3 You warrant that all persons who use the Chattel shall use them in the manner they were designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the Chattel relating to the use and safety of the Chattel, and shall comply with all obligations in relation to the use and control of the Chattel and persons using the Chattel with the Health and Safety in Employment Xxx 0000 and all other relevant legislation. 7.4 If you are not an individual, then the person who signs this Agreement on your behalf warrants that they have authority to bind you and will, in any event, be personally liable for the performance of your obligations under this Agreement.

Appears in 1 contract

Samples: BBQ Hire Agreement

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Your Undertakings. 7.1 You undertake with In exchange for the Owner that youpayments and benefits provided to you under this agreement, which you acknowledge are greater in their totality than those which you would receive absent this agreement, you agree as follows: (a) are responsible During the Continuation Period, you agree to consult with RLRN and provide such information and assistance to RLRN as RLRN may reasonably request with respect to matters with which you were familiar during the period of your employment by RLRN. Such assistance may include, without limitation, discussing matters relating to RLRN’s business operations by telephone, attending meetings, assisting with litigation or responding to written inquiries and shall not exceed more than ten hours per month for all loss the first six months or damage whatsoever including more than two hours a month thereafter during the cost of repairs suffered next 18 months. You shall be reimbursed for any out-of-pocket expenses you may incur to provide any such assistance. RLRN shall not require you to perform any services which unreasonably interfere with any future employment or incurred by the Owner in consequence of any breakdown previously scheduled personal, charitable or damage to the Chattel where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse of the Chattel on your part or by persons under your control to the extent that the Owner's insurance cover does not cover such loss or damage;community activities. (b) ensure Not later than February 20, 2006, you shall (i) remove your personal property from the person driving the Vehicle holds a current full driveroffice currently being utilized by you at RLRN’s licence appropriate for the Vehicleheadquarters in Wisconsin Rapids and return all keys and access cards to such facility; (ii) surrender and deliver to RLRN any credit cards, computers, cellular telephones and any other RLRN property in your possession or under your control as well as all records, files, documents, electronically encoded media (such as computer disks) or other materials in your possession or under your control relating to RLRN or its business, without retaining any copies thereof and (iii) delete any information relating to RLRN or its business from any computer equipment located in your home or otherwise in your possession or under your control. (c) will use only competent appropriately qualified operators to operate On behalf of yourself, your heirs, successors and assigns, you hereby release RLRN, RLRN’s affiliates and their respective past and present officers, directors, stockholders, partners, members, agents and employees (collectively, the Chattel, “Released Parties”) from any and where a Designated Operator is specified in Item 8 all claims existing as of the ScheduleSeparation Date. This release applies to, but is not limited to, any claims related in any way to your employment by RLRN or the termination of your employment, including any discrimination claims and any claims for wages and other remuneration, whether such claims are presently known or later discovered or anticipated or unanticipated by you. This release does not, however, waive any vested benefits you will ensure that only that person will operate may have as of the Chattel unless Separation Date under any RLRN retirement plan in accordance with the Owner agrees otherwise terms of such Plan. This release also does not apply to any rights you may have under any worker’s compensation law or to any indemnification rights or claims you may have with respect to matters arising out of your service as an officer or director of RLRN under RLRN’s corporate officer and director liability insurance policies or under RLRN’s by-laws, applicable law or any other agreement. You agree to waive and give up any benefit conferred on you by any order or judgment issued in writing connection with you;any proceeding filed by you against any of the Released Parties regarding any claim released in this Paragraph 3(c). As used in this Paragraph 3(c), the term “claims” shall be construed broadly and shall be read to include, for example, the term “rights”, “causes of action” (whether arising in law or equity), “damages”, “demands”, “obligations”, “grievances” and “liabilities of any kind or character.” Similarly, the term “release” shall be construed broadly and shall be read to include, for example, the terms “discharge” and “waive.” (d) will You agree that you shall not at your own expense supply all electricity for any time during the operation of the Chattel; (e) are responsibleContinuation Period, subject to clause 5 (Insurance – Insurance Charge)without RLRN’s prior written consent, for any loss or damage to the Chattel from the time you take possession of the Chattel until it is returned to the Owner’s possession; (f) shall notify the Owner in writing immediately if the Chattel is lost or damaged and shall follow all reasonable instructions of the Owner; (g) shall take proper and reasonable care of the Chattel and return it in good order and condition; (h) shall satisfy yourself that the Chattel is suitable for your intended use; BBQ Hire Agreement 2 (i) shall use the Chattel in a lawful manner with due regard to all laws and regulations pertaining to the use of such Chattel; (j) shall immediately notify the Owner by telephone if the Chattel breaks down; (k) shall except as permitted by the Consumer Xxxxxxxxxx Xxx 0000 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against you or arising directly or indirectly from (whether as proprietor, officer, employee, agent, partner, stockholder, consultant, owner, investor or otherwise) accept employment with, consult for or otherwise render advice or assistance to, any “Competitor” in any capacity which involves your use performance of any services which are the same as or substantially similar to any of the Chattel; (l) shall indemnify the Owner against services provided by you to RLRN at any claim made by any person against the Owner for any loss suffered or liability incurred arising directly or indirectly out of your use or possession of the Chattel; (m) shall ensure that when the Chattel is not in use time during the Term it is securely stored and/or locked; (n) two year period preceding the Separation Date. This restriction shall not sell, assign or transfer the Chattel, or otherwise part with possession of, or mortgage, charge or encumber the Chattel in any way. (o) shall not operate the Vehicle or Chattel or permit it apply only to be operated in breach of the Land Transport Xxx 0000, the Traffic Regulations 1976 or any other Act, regulations, rules or bylaws relating to road traffic; (p) shall not use a Vehicle to tow the Chattel or permit it to be towed/operated for the transport of more than the weight of goods specified activities by you in the certificate of loading for the Vehicle; (q) will ensure that a copy of this Agreement is kept within the Vehicle throughout the Term and produced without delay for inspection upon demand by an enforcement officer; (r) will ensure you return the Chattel United States in the same order and condition in which it was required and ensure that it is cleaned. If the Chattel is not returned in such a conditionwhich, you acknowledge you will be charged the cleaning charge as detailed acknowledge, RLRN presently does business. As used in Item 5this Paragraph 3(d), which the Owner can deduct from any bond held prior to release of the balance of the bond to you. 7.2 You will be responsible for all penalties relating to traffic offences incurred during the Term, including without limitation speeding, parking, toll and traffic signal offences. You acknowledge that an administration fee of $45.00 including GST will be charged by the Owner to you to process these infringements. 7.3 You warrant that all persons who use the Chattel shall use them in the manner they were designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the Chattel relating to the use and safety of the Chattel, and shall comply with all obligations in relation to the use and control of the Chattel and persons using the Chattel with the Health and Safety in Employment Xxx 0000 and all other relevant legislation. 7.4 If you are not an individual, then the person who signs this Agreement on your behalf warrants that they have authority to bind you and will, in any event, be personally liable for the performance of your obligations under this Agreement.a “

Appears in 1 contract

Samples: Separation Agreement (Renaissance Learning Inc)

Your Undertakings. 7.1 6.1 You undertake agree, that during your Agreement with the Owner that youSIRE, you are: (a) are responsible Not engaged, concerned or interested in any business that competes with SIRE without the prior written consent of SIRE; b) Not to accept any payment or any other benefit in money or in kind from any person as an inducement or reward for any act, or for failing to perform any act, whether directly or indirectly, without the prior written approval of SIRE; c) To keep current at all loss times your registration or damage whatsoever including licence as a real estate agent under the cost of repairs suffered or incurred by the Owner in consequence of any breakdown or damage to the Chattel where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse provisions of the Chattel on relevant Real Estate Law that applies to you and, in this regard, satisfy all continuing professional development, further education and training requirements of your part registration or by persons under licence at your control to the extent that the Owner's insurance cover does not cover such loss or damageexpense; (bd) ensure the person driving the Vehicle holds To perform your Duties in a current full driver’s licence appropriate for the Vehicle. (c) will use only competent appropriately qualified operators to operate the Chatteldiligent, professional and where a Designated Operator is specified in Item 8 of the Schedule, you will ensure ethical manner and refrain from doing anything that only that person will operate the Chattel unless the Owner agrees otherwise in writing with youmay adversely affect or reflect upon SIRE; (de) will at your own expense supply all electricity for Not to purchase or lease any property and/or businesses listed by or through, or become beneficially interested in any property and/or businesses listed by or through SIRE without the operation prior written consent of the ChattelSIRE; (ef) are responsibleNot to withhold any listing or prospective listing from SIRE, subject to clause 5 (Insurance – Insurance Charge), nor offer for sale any loss property and/or business that has not been listed by or damage to the Chattel from the time you take possession of the Chattel until it is returned to the Owner’s possessionthrough SIRE; (f) shall notify the Owner in writing immediately if the Chattel is lost or damaged and shall follow all reasonable instructions of the Owner; (g) shall take proper and reasonable care of the Chattel and return it in good order and condition; (h) shall satisfy yourself that the Chattel is suitable for your intended use; BBQ Hire Agreement 2 (i) shall use the Chattel in a lawful manner with due regard To report to all laws and regulations pertaining to the use of such Chattel; (j) shall immediately notify the Owner by telephone if the Chattel breaks down; (k) shall except SIRE as permitted by the Consumer Xxxxxxxxxx Xxx 0000 not bring or threaten to bring soon as possible any claim against the Owner for loss or damage incurred or threatened against you or arising directly or indirectly from your use of the Chattel; (l) shall indemnify the Owner against any claim complaints made by any person against the Owner for any loss suffered of SIRE’s clients or liability incurred arising directly or indirectly out customers of your use or possession of the Chattelwhich you become aware; h) To notify SIRE promptly of any accident, illness or injury (mand anticipated recovery period) shall ensure that when the Chattel is not in use during the Term it is securely stored and/or locked; (n) shall not sellpreventing you, assign temporarily or transfer the Chattelpermanently, or otherwise part with possession of, or mortgage, charge or encumber the Chattel in any way. (o) shall not operate the Vehicle or Chattel or permit it to be operated in breach of the Land Transport Xxx 0000, the Traffic Regulations 1976 or any other Act, regulations, rules or bylaws relating to road traffic; (p) shall not use a Vehicle to tow the Chattel or permit it to be towed/operated for the transport of more than the weight of goods specified in the certificate of loading for the Vehicle; (q) will ensure that a copy of this Agreement is kept within the Vehicle throughout the Term and produced without delay for inspection upon demand by an enforcement officer; (r) will ensure you return the Chattel in the same order and condition in which it was required and ensure that it is cleaned. If the Chattel is not returned in such a condition, you acknowledge you will be charged the cleaning charge as detailed in Item 5, which the Owner can deduct from any bond held prior to release of the balance of the bond to you. 7.2 You will be responsible for all penalties relating to traffic offences incurred during the Term, including without limitation speeding, parking, toll and traffic signal offences. You acknowledge that an administration fee of $45.00 including GST will be charged by the Owner to you to process these infringements. 7.3 You warrant that all persons who use the Chattel shall use them in the manner they were designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the Chattel relating to the use and safety of the Chattel, and shall comply with all obligations in relation to the use and control of the Chattel and persons using the Chattel with the Health and Safety in Employment Xxx 0000 and all other relevant legislation. 7.4 If you are not an individual, then the person who signs this Agreement on performing your behalf warrants that they have authority to bind you and will, in any event, be personally liable for the performance of your obligations Duties under this Agreement; i) Not to incur any expenses on SIRE’s behalf or pledge credit against SIRE without SIRE’s prior approval; and j) Not to enter into or sign any agreement or contract on SIRE’s behalf or make any promise or representation on SIRE’s behalf without SIRE’s prior approval.

Appears in 1 contract

Samples: Associate Business Agreement

Your Undertakings. 7.1 6.1 You undertake and agree with BYL that at all times during the Owner that youTerm you will: (a) are responsible provide a domain name for BYL to the correct name server in order to make your website live. (b) use all your reasonable endeavours to promote sales of the Products you have selected and uploaded on your IOW in the Territory; (c) co-operate fully and in good faith with BYL in resolving any dispute with a Supplier, a customer or with BYL; (d) not resell the Products at a price exceeding the Maximum Price (if any); (e) at the request of BYL, share any customer feedback with BYL in such form and using such methods as BYL may reasonably prescribe from time to time; (f) inform BYL immediately of any changes that may affect you as a Micro Retailer or any change in your organisation or method of doing business that might be expected to affect your ability to sell Products; (g) use your best endeavours to develop, advertise, promote and sell the Products in the Territory via your IOW by all reasonable and proper means and not to do anything which may hinder or interfere with such sales; (h) not at any time or in any place mis-describe a Product; (i) at all times will comply with the Portal Use Policy as amended from time to time by BYL (at its sole discretion) as published on the Portal; (j) take out suitable product liability insurance with an insurer of good standing and if requested provide proof of such insurance to BYL; (k) notify in good time your reasonable estimate when your turnover (for all loss or damage whatsoever including your business activities) will reach the VAT threshold; (l) notify immediately that you have reached the threshold for registering for VAT; (m) notify BYL as soon as you have become aware that a change in Control of your business entity may occur and/or that such a change in Control has occurred. Any breach of this clause shall be a material breach of this agreement; (n) indemnify BYL on demand against each loss, liability and cost of repairs suffered or incurred by the Owner in consequence of any breakdown or damage to the Chattel where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse which BYL may incur arising out of the Chattel on breach of your part obligations under this agreement; and (o) without prejudice to clause 20, register and maintain registration with any appropriate supervisory authority or by persons under your control to data protection authority or such similar data protection regulator. In the extent UK, the regulator (April 2020) is the Information Commissioner’s Office which can be found at xxxxx://xxx.xxx.xx. 6.2 You undertake and agree with BYL that the Owner's insurance cover does not cover such loss or damageyou shall not: (a) represent you as an agent of BYL for any purpose; (b) ensure the person driving the Vehicle holds a current full driver’s licence appropriate for the Vehicle.pledge BYL's credit; (c) will use only competent appropriately qualified operators to operate the Chattel, and where a Designated Operator is specified in Item 8 of the Schedule, you will ensure that only that person will operate the Chattel unless the Owner agrees otherwise in writing with yougive any condition or warranty on BYL's behalf; (d) will at your own expense supply all electricity for the operation of the Chattelmake any representation on BYL's behalf; (e) are responsible, subject commit BYL to clause 5 (Insurance – Insurance Charge), for any loss or damage to the Chattel from the time you take possession of the Chattel until it is returned to the Owner’s possessioncontracts; (f) shall notify the Owner in writing immediately if the Chattel is lost otherwise incur any liability for or damaged and shall follow all reasonable instructions on behalf of the OwnerBYL; (g) shall take proper and do anything that in the reasonable care opinion of BYL may damage the Chattel and return it in good order and condition;goodwill or reputation of BYL, any Supplier or any Micro Retailer using the Portal; and (h) shall satisfy yourself that disclose the Chattel is suitable for existence or the contents of this agreement to any party (including professional advisors or members of your intended use; BBQ Hire Agreement 2family) without the said party entering into a non-disclosure agreement with BYL (on BYL’s standard non-disclosure terms). (i) shall use the Chattel in a lawful manner with due regard 6.3 In respect of each and every transaction conducted on or through your IOW, you irrevocably appoint and authorise BYL as your agent to all laws collect monies owed to you by your customers and regulations pertaining to discharge from such monies receivable or received monies owed by you, or such other monies payable pursuant to the use terms of such Chattel; (j) shall immediately notify this agreement pursuant to your sales through the Owner by telephone if the Chattel breaks down; (k) shall except as permitted by the Consumer Xxxxxxxxxx Xxx 0000 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against you or arising directly or indirectly from your use of the Chattel; (l) shall indemnify the Owner against any claim made by any person against the Owner for any loss suffered or liability incurred arising directly or indirectly out of your use or possession of the Chattel; (m) shall ensure that when the Chattel is not in use during the Term it is securely stored and/or locked; (n) shall not sell, assign or transfer the Chattel, or otherwise part with possession of, or mortgage, charge or encumber the Chattel in any way. (o) shall not operate the Vehicle or Chattel or permit it to be operated in breach of the Land Transport Xxx 0000Portal payable to, the Traffic Regulations 1976 or Payment App, the relevant Supplier, BYL and any other Act, regulations, rules or bylaws relating to road traffic; (p) shall not use a Vehicle to tow the Chattel or permit it to be towed/operated for the transport of more than the weight of goods specified in the certificate of loading for the Vehicle; (q) will ensure that a copy of this Agreement is kept within the Vehicle throughout the Term and produced without delay for inspection upon demand by an enforcement officer; (r) will ensure you return the Chattel in the same order and condition in which it was required and ensure that it is cleaned. If the Chattel is not returned in such a condition, you acknowledge you will be charged the cleaning charge as detailed in Item 5, which the Owner can deduct from any bond held prior to release of the balance of the bond to youthird party. 7.2 You will be responsible for all penalties relating to traffic offences incurred during the Term, including without limitation speeding, parking, toll and traffic signal offences. You acknowledge that an administration fee of $45.00 including GST will be charged by the Owner to you to process these infringements. 7.3 You warrant that all persons who use the Chattel shall use them in the manner they were designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the Chattel relating to the use and safety of the Chattel, and shall comply with all obligations in relation to the use and control of the Chattel and persons using the Chattel with the Health and Safety in Employment Xxx 0000 and all other relevant legislation. 7.4 If you are not an individual, then the person who signs this Agreement on your behalf warrants that they have authority to bind you and will, in any event, be personally liable for the performance of your obligations under this Agreement.

Appears in 1 contract

Samples: Services Master Agreement

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Your Undertakings. 7.1 5.1 You undertake and agree with BYL that at all times during the Owner that youTerm you will: (a) are responsible Comply with the terms of Sub-domain Licence set out in clause 9. (b) use all your reasonable endeavours to promote sales of the Products you have selected and uploaded on your IOW in the Territory; (c) co-operate fully and in good faith with BYL in resolving any dispute with a Supplier, a customer or with BYL; (d) not resell the Products at a price exceeding the Maximum Price (if any); (e) at the request of BYL, share any customer feedback with BYL in such form and using such methods as BYL may reasonably prescribe from time to time; (f) inform BYL immediately of any changes that may affect you as a Micro Retailer or any change in your organisation or method of doing business that might be expected to affect your ability to sell Products; (g) use your best endeavours to develop, advertise, promote and sell the Products in the Territory via your IOW by all reasonable and proper means and not to do anything which may hinder or interfere with such sales; (h) not at any time or in any place mis-describe a Product; (i) at all times will comply with the Portal Use Policy as amended from time to time by BYL (at its sole discretion) as published on the Portal; (j) take out suitable product liability insurance with an insurer of good standing and if requested provide proof of such insurance to BYL; (k) notify in good time your reasonable estimate when your turnover (for all loss your business activities) will reach the VAT threshold; (l) notify immediately that you have reached the threshold for registering for VAT; (m) without prejudice to any other clause herein, appoint or damage whatsoever including retain a suitably qualified tax advisor to assist you with meeting your tax obligations in each and every country you sell goods in via the cost of repairs suffered or incurred Portal and pay all Taxes as required by the Owner each and every tax authority in consequence of any breakdown or damage to the Chattel where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse fulfilment of the Chattel aforesaid obligations. (n) notify BYL as soon as you have become aware that a change in Control of your business entity may occur and/or that such a change in Control has occurred. Any breach of this clause shall be a material breach of this agreement; (o) indemnify BYL on demand against each loss, liability and cost which BYL may incur arising out of the breach of your part obligations under this agreement; and (p) without prejudice to clause 21, register and maintain registration with any appropriate supervisory authority or by persons under your control to data protection authority or such similar data protection regulator. In the extent UK, the regulator (April 2020) is the Information Commissioner’s Office which can be found at xxxxx://xxx.xxx.xx. 5.2 You undertake and agree with BYL that the Owner's insurance cover does not cover such loss or damageyou shall not: (a) represent you as an agent of BYL for any purpose; (b) ensure the person driving the Vehicle holds a current full driver’s licence appropriate for the Vehicle.pledge BYL's credit; (c) will use only competent appropriately qualified operators to operate the Chattel, and where a Designated Operator is specified in Item 8 of the Schedule, you will ensure that only that person will operate the Chattel unless the Owner agrees otherwise in writing with yougive any condition or warranty on BYL's behalf; (d) will at your own expense supply all electricity for the operation of the Chattelmake any representation on BYL's behalf; (e) are responsible, subject commit BYL to clause 5 (Insurance – Insurance Charge), for any loss or damage to the Chattel from the time you take possession of the Chattel until it is returned to the Owner’s possessioncontracts; (f) shall notify the Owner in writing immediately if the Chattel is lost otherwise incur any liability for or damaged and shall follow all reasonable instructions on behalf of the OwnerBYL; (g) shall take proper and do anything that in the reasonable care opinion of BYL may damage the Chattel and return it in good order and condition;goodwill or reputation of BYL, any Supplier or any Micro Retailer using the Portal; and (h) shall satisfy yourself that disclose the Chattel is suitable for existence or the contents of this agreement to any party (including professional advisors or members of your intended use; BBQ Hire Agreement 2family) without the said party entering into a non-disclosure agreement with BYL (on BYL’s standard non-disclosure terms). (i) shall use 5.3 In respect of each and every transaction conducted on or through your IOW or via the Chattel in a lawful manner with due regard Portal, you irrevocably appoint and authorise BYL as your agent to all laws collect monies owed to you by your customers and regulations pertaining to discharge from such monies debts owed by you pursuant to the use terms of this agreement and/or such Chattel; (j) shall immediately notify debts otherwise arising pursuant to your sales through the Owner by telephone if the Chattel breaks down; (k) shall except as permitted by the Consumer Xxxxxxxxxx Xxx 0000 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against you or arising directly or indirectly from your use of the Chattel; (l) shall indemnify the Owner against any claim made by any person against the Owner for any loss suffered or liability incurred arising directly or indirectly out of your use or possession of the Chattel; (m) shall ensure that when the Chattel is not in use during the Term it is securely stored and/or locked; (n) shall not sell, assign or transfer the Chattel, or otherwise part with possession of, or mortgage, charge or encumber the Chattel in any way. (o) shall not operate the Vehicle or Chattel or permit it to be operated in breach of the Land Transport Xxx 0000Portal payable to, the Traffic Regulations 1976 or Payment App, the relevant Supplier, BYL and any other Act, regulations, rules or bylaws relating to road traffic; (p) shall not use a Vehicle to tow the Chattel or permit it to be towed/operated for the transport of more than the weight of goods specified in the certificate of loading for the Vehicle; (q) will ensure that a copy of this Agreement is kept within the Vehicle throughout the Term and produced without delay for inspection upon demand by an enforcement officer; (r) will ensure you return the Chattel in the same order and condition in which it was required and ensure that it is cleaned. If the Chattel is not returned in such a condition, you acknowledge you will be charged the cleaning charge as detailed in Item 5, which the Owner can deduct from any bond held prior to release of the balance of the bond to youthird party. 7.2 You will be responsible for all penalties relating to traffic offences incurred during the Term, including without limitation speeding, parking, toll and traffic signal offences. You acknowledge that an administration fee of $45.00 including GST will be charged by the Owner to you to process these infringements. 7.3 You warrant that all persons who use the Chattel shall use them in the manner they were designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the Chattel relating to the use and safety of the Chattel, and shall comply with all obligations in relation to the use and control of the Chattel and persons using the Chattel with the Health and Safety in Employment Xxx 0000 and all other relevant legislation. 7.4 If you are not an individual, then the person who signs this Agreement on your behalf warrants that they have authority to bind you and will, in any event, be personally liable for the performance of your obligations under this Agreement.

Appears in 1 contract

Samples: Services Master Agreement

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