Exclusion of liens and commissions No Paying Agent shall exercise any lien, right of set-off or similar claim against any person to whom it makes any payment under Clause 8.1 (Payments by Paying Agents) in respect thereof, nor shall any commission or expense be charged by it to any such person in respect thereof.
Financing Statements Subject to the Standard Qualifications, each Mortgage Loan or related security agreement establishes a valid security interest in, and a UCC-1 financing statement has been filed and/or recorded (or, in the case of fixtures, the Mortgage constitutes a fixture filing) in all places necessary at the time of the origination of the Mortgage Loan (or, if not filed and/or recorded, has submitted or caused to be submitted in proper form for filing and/or recording) to perfect a valid security interest in, the personal property (creation and perfection of which is governed by the UCC) owned by the Mortgagor and necessary to operate such Mortgaged Property in its current use other than (1) non-material personal property, (2) personal property subject to purchase money security interests and (3) personal property that is leased equipment. Each UCC-1 financing statement, if any, filed with respect to personal property constituting a part of the related Mortgaged Property and each UCC-3 assignment, if any, filed with respect to such financing statement was in suitable form for filing in the filing office in which such financing statement was filed. Notwithstanding anything herein to the contrary, no representation is made as to the perfection of any security interest in rents or other personal property to the extent that possession or control of such items or actions other than the filing of Uniform Commercial Code financing statements is required to effect such perfection.
Assignments and Subleases a. The Concessionaire shall not assign this Lease in whole or in part, nor sublet all or any part of the Properties, such as vending and game machines, without first obtaining the written consent of the Director. In the event the Director consents to any such assignment or sublease, the Concessionaire shall remain primarily liable for the payments herein provided, unless expressly provided otherwise by the written consent of the Director. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting created by operation of law. If this Lease is assigned, or if the Properties or any part thereof is underlet or occupied by anybody other than the Concessionaire without the consent of the Director as hereinabove provided, the Department may collect rent from the assignee, undertenant, or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as the Concessionaire, or a release of the Concessionaire from further performance by the Concessionaire of the terms contained in this Lease.
EXCLUSIONS AND EXCEPTIONS 12.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss or damage incurred or suffered as a consequence of:
WAIVER OF LIENS To the maximum extent permitted by law, Contractor waives, and shall require its suppliers and subcontractors of any tier to waive, all liens and claims, and the right to file and enforce or otherwise assert any liens and claims, against GRTC’s facilities or any other GRTC property (real or personal) in connection with the Goods delivered and Services performed hereunder.
Limitations and Exceptions In calculating a Recovery, the following shall not be included:
Assignments and Charges 46 16.1 Assignments 46 16.2 Permitted Charges 46 ARTICLE 17: GOVERNING LAW AND DISPUTE RESOLUTION 47 17.1 Governing Law 47 17.2 Amicable Settlement and Dispute Resolution 47 17.3 Dispute Resolution 47 17.4 Parties to Perform Obligations 48 ARTICLE 18: MISCELLANEOUS PROVISIONS 49 18.1 Amendment 49 18.2 Third Party Beneficiaries 49 18.3 Waiver 49 18.4 Confidentiality 49 18.5 Severability 49 18.6 Notices 50 18.7 Language 50 18.8 Restriction of Shareholders/ Owners’ Liability 51 18.9 Taxes and Duties 51 18.10 No Consequential or Indirect Losses 51 18.9 Order of priority in application 51 18.10 Independent Entity 51 18.13 Compliance with Law 52 Schedule 1: Particulars of the Project 53 Schedule 2: Location of Plant 55 Schedule 3: Plant Layout 56 Schedule 4: Site Drawing 56 Schedule 5: Format for Monthly Power Xxxx 57 Schedule 6: Parameters and Technical Limits of Supply 59 Schedule 7: Technical Limits 60 Schedule 8: Approvals 60 Schedule 9: Testing Procedures 61 Schedule 10: Copy of the Tariff Quoted by the Seller 63 (On Rs 100 Non Judicial Stamp Paper) THIS POWER PURCHASE AGREEMENT [the “Agreement”] is made on the day.......of of …….. at Aizawl Between M/s (Name of Developer), a company incorporated under the Companies Xxx 0000 or the Companies Act, 2013 as applicable, having its registered office at ---------------------------------------- ----- (herein after referred to as “Seller” or “Solar Project Developer/Power Producer/Power Generator”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns) as a Party of the FIRST PART; And Power & Electricity Department, Aizawl a Department functioning as an integrated utility and responsible for generation, transmission, distribution and despatching of electric power supply within the state of Mizoram, having its registered office at Kawlphetha Building, New Secretariat Complex, Khatla, Aizawal, Mizoram – 796001 (hereinafter referred to as “P&ED or “Procurer” which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns) as a Party of the SECOND PART; Seller or “Solar Project Developer/Power Producer/Power Generator” and Procurer are individually referred to as ‘Party’ and collectively referred to as ‘Parties’.
Overtime Assignments When needed, overtime work for full-time employees shall be scheduled among qualified employees doing similar work in the work location where the employees regularly work in accordance with the following:
Assignments of Agreements No assignment of Agreement may be made without the prior written approval of TIPS. Payment can only be made to the awarded Vendor or vendor assigned dealer. Disclosures
Assignment of Contracts On the Initial Borrowing Date, the Borrower shall have duly authorized, executed and delivered a valid and effective assignment by way of security in favor of the Collateral Agent of all of the Borrower’s present and future interests in and benefits under (x) the Construction Contract, (y) each Refund Guarantee and (z) the Construction Risk Insurance (it being understood that the Borrower will use commercially reasonable efforts to have the underwriters of the Construction Risk Insurance accept and endorse on such insurance policy a loss payable clause substantially in the form set forth in Part 3 of Schedule 2 to the Assignment of Contracts (as defined below), and it being further understood that certain of the Refund Guarantee and none of the Construction Risk Insurances will have been issued on the Initial Borrowing Date), which assignment shall be substantially in the form of Exhibit J hereto or otherwise reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent), including, without limitation, those acknowledgments, notices and consents listed on Schedule 5.07 (as modified, supplemented or amended from time to time, the “Assignment of Contracts”) provided that, if any Refund Guarantee issued to the Borrower on the Initial Borrowing Date shall have been issued by KfW IPEX-Bank GmbH, then such Refund Guarantee shall be charged pursuant to a duly authorized, executed and delivered, valid and effective charge of any such Refund Guarantee in the form of Exhibit Q hereto or otherwise in a form reasonably acceptable to the Lead Arrangers and the Borrower and customary for transactions of this type, along with appropriate notices and consents relating thereto (to the extent incorporated into or required pursuant to such Exhibit or otherwise agreed by the Borrower and the Facility Agent) (as modified, supplemented or amended from time to time, the “Charge of KfW Refund Guarantees”).
