Clause 3 Sample Clauses

Clause 3. 30 of the FAD shall not apply in this Agreement and shall be replaced by the following new clause which shall apply to this Agreement:

Clause 3. 2.5. of the Contract shall be marked as Clause 3.2.6. of the Contract.

Clause 3 is a transitional clause. The parties agree that clause 3.9.8 will be deleted when this collective agreement is renewed.

Clause 3. WSW and the Borrower determine and, where necessary, hereby agree that WSW’s right of recourse against the Borrower by virtue of every Guarantee provided by WSW for the Lender’s benefit is a contractual, and from the commencement of the Guarantee, an existing, conditional right of recourse. WSW and the Borrower also hereby agree that WSW’s existing contractual right of recourse against the Borrower is equal in scope to the total amount the Lender can claim from the Borrower, as that total amount follows from the Loan Agreement. This right of recourse is immediately due and payable in full and unconditionally if and as soon as either the Lender calls upon WSW’s Guarantee or if there is a ground for exigibility as referred to in Article 6 of the General Provisions (as defined below). If the Borrower is in default with respect to the Lender, the Borrower is also in default with respect to WSW as regards the right of recourse. This is not altered by the fact that under Clause 1(2) of this Guarantee Agreement, WSW only needs to make phased payments to the Lender in accordance with the regular Interest and repayment terms agreed between the Lender and the Borrower, even if the Lender has called in the full loan from the Borrower. WSW may nonetheless make more and/or earlier payments to the Lender of its own volition without WSW being liable to pay an early redemption fee, on the understanding that WSW and the Lender will consult one another about compensation in keeping with market rates for any difference in market value (where applicable). WSW and the Lender undertake to discuss and agree on the method used to calculate the difference in market value in all reasonableness. WSW is also subrogated in the Lender’s rights with respect to the Borrower up to the amount of the payment that WSW has made on the Borrower’s behalf under its Guarantee. As regards claims arising from or connected to the Loan Agreement concluded with the Borrower, the Lender undertakes to WSW to file no or only a conditional claim in the Borrower’s insolvency or suspension of payment, and to withdraw any claim already filed in the Borrower’s insolvency or suspension of payment at WSW’s first request, as long as WSW performs its obligations to the Lender under the Guarantee. If a trustee in bankruptcy or a receiver so requests, the Lender will confirm the non-filing or withdrawal of that/those claim/claims in the Borrower’s insolvency or suspension of payment to WSW in writing and promptly w...

Clause 3. 2 is restricted where the Contractor is obligated to do so by the law of the Union or Member States to which the Contractor is subject; in such a case, the Contractor shall inform the Client of these legal requirements prior to processing, provided that the relevant law does not prohibit such a notification due to an important public interest. 3.4 The Contractor shall inform the Client if he is of the view that an instruction violates data protection regulations. The Contractor is entitled to suspend the implementation of the corresponding instruction until it has been confirmed or changed by the Client.

Clause 3. In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the Executive Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Executive Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover o...

Clause 3. 2.1 is subject to article 6.3 of the Framework and IPO Agreement.

Clause 3. 2 and 3.3: Governance

Clause 3. 6.1.1 shall apply to school administrators, in circumstances deemed by the Superintendent to be beyond the proper operational parameters of their schools.