Customer Acknowledgements and Obligations Sample Clauses

Customer Acknowledgements and Obligations. 3.1 Customer acknowledges that it has authorized the Generating Facility to be installed and operated by Producer in accordance with SCE’s Rule 21 on or adjacent to Customer’s premises. Such Generating Facility shall be used to serve all or a portion of Customer’s electrical loads associated with the Electric Service provided by SCE at the location identified in Section 2.1, above, and any other purpose permitted under the Generation Interconnection and Operating Arrangements. Customer shall be solely responsible for the terms of any agreement between it and Producer. 09/2012 SCE Use Only Account No. ID No. 3.2 Customer shall be solely responsible for any charges incurred under SCE’s electric service tariffs for the services provided to Customer by SCE. Customer acknowledges that it is the sole end-use consumer of such tariffed services. This Agreement does not constitute an agreement by SCE to provide any tariffed service to Producer. 3.3 Customer acknowledges the Generating Facility shall be operated in compliance with all SCE tariffs, including but not limited to SCE’s Rule 21, and any other regulations and laws governing the interconnection of the Generating Facility. Customer further acknowledges that it has been made aware of the charges and conditions related to the operation of the Generating Facility including, but not limited to (SCE inserts names of relevant tariffs e.g., Standby or Non-bypassable charge schedules), and that the performance or lack of performance of the Generating Facility may affect the rates and charges billed by SCE for the electric power delivered to Customer. Copies of such tariffs are available at SCE’s Internet site: ▇▇▇.▇▇▇.▇▇▇ or by request to SCE. 3.4 Any amounts to be paid, or refunded to, SCE for the services received by Customer as a result of the Producer failing to operate the Generating Facility in accordance with the terms of the representations and warranties made under the Generation Interconnection and Operating Arrangements shall be paid to SCE in accordance with SCE’s Rule (SCE to specify applicable Rule). 3.5 Customer shall make the Generating Facility reasonably accessible to SCE’s personnel, contractors or agents to perform SCE’s duties under Rule 21.
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Customer Acknowledgements and Obligations. 2.1 The Customer must ensure the proposed Premises provides a dedicated power point within 1 metre of where the Equipment is to be installed. If the proposed Premises does not provide such a dedicated power point, the Customer agrees to pay a Power Point Fee and undertake all necessary actions to ensure the installation of the required power point and access to CMS data cable installed by a third party to the rear of the CRT location. 2.2 The Customer must ensure the ongoing supply of power to the Equipment at the Premises. 2.3 The Customer acknowledges that they are is responsible for First Line Maintenance of the Equipment which will be carried out by qualified personnel (as per clause 3.3 of this agreement) to ensure that the Equipment remains at all times in good working order and condition. Any such maintenance must comply with any standards and instructions as given by Next and is subject to any applicable warranty and its terms.
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Customer Acknowledgements and Obligations. 4.1. The Customer and any individual entering this Hire Agreement warrant and represent that: a) they are authorised to sign this Hire Agreement; b) all information provided is true and correct; and c) they have read, understood, and agree to comply with all directions, terms, conditions and safety information provided within this Hire Agreement. 4.2. The Customer acknowledges and agrees that all Equipment is at the Customer’s risk for the entire Hire Period. 4.3. The Customer must not sublease, load, or on-hire the Equipment to any third party without prior written permission given by the Supplier. 4.4. The Customer grants the Supplier express permission to enter any premises or location where any Equipment is being used or stored for the purpose of inspection or servicing. 4.5. The Customer must not alter, modify, tamper with, damage, or repair any Equipment without prior written approval from the Supplier. 4.6. It is the Customer’s responsibility to ensure all Equipment loaded on or in Customer’s vehicle is secured correctly during transport. 4.7. It is the Customer’s responsibility before transporting Equipment to ensure trailer is secured correctly and checked for any mechanical issues that may deem it unsuitable for use. 4.8. The Customer must not exceed the designed GTM (gross trailer mass) or ATM (aggregate trailer mass) of any trailer used to transport the Equipment. 4.9. The Customer is solely responsible for the vehicle being used to tow any form of Equipment, and for making sure the vehicle meets any legal requirements, including those set by the Department of Transport and Main Roads. 4.10. The Customer must ensure their vehicle is suitable and has the towing capacity required to transport the hired Equipment and any attachments. ▇.▇▇. ▇▇ is the Customer’s responsibility to ensure that the hired Equipment is: a) stored in a safe, secure area and where possible in a locked yard or shed; b) operated safely by a suitably trained, competent, licensed, experienced and (if necessary) certified operator in accordance with all laws, regulations, operator manuals, and any instructions from the Supplier; c) used soley for its intended purpose, in suitable terrain, and in a reasonable manner that is within the Equipment’s capabilities and limitations; d) not used underground, in a mine, or in an area where friable asbestos is present; e) not used excessively or improperly, including excessive use of the attachments; f) not used in, on, or over water; g) ...
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Customer Acknowledgements and Obligations 
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Related to Customer Acknowledgements and Obligations

  • Assumption of Liabilities and Obligations (a) At the Closing, ATS shall assume and agree to pay, discharge and perform the following obligations and liabilities of DBC (collectively, the "DBC Assumed Obligations"): (i) all of the obligations and liabilities of DBC under the DBC Assumable Agreements, and (ii) all obligations and liabilities of DBC with respect to the ownership and operation of the DBC Assets and the conduct of the DBC Business, on and after the Closing Date; provided, however, that notwithstanding the foregoing, ATS shall not assume and agree to pay, and shall not be obligated with respect to, the DBC Nonassumed Obligations. (b) ATS shall not assume or become obligated to perform any debt, liability or obligation of DBC relating to any of the following matters (collectively, the "DBC Nonassumed Obligations"): (i) the ownership or operation of the DBC Assets or the conduct of the DBC Business prior to the Closing Date, including without limitation Taxes, unfunded pension costs, any Employment Arrangement of DBC (including without limitation any obligation to any DBC Employee for severance benefits, vacation time or sick leave), and any of the following to the extent same arise from Events occurring prior to or existing on the Closing Date: products liability, Legal Actions or other Claims, and obligations and liabilities relating to Environmental Law; (ii) any obligations or liabilities under the DBC Assumable Agreements relating to the period prior to the Closing; (iii) any insurance policies of DBC; (iv) those required to be disclosed in the DBC Disclosure Schedule which are not so disclosed or which, if disclosed, Section 2.2(b)(iv) of the DBC Disclosure Schedule indicates that such obligation or liability will not be assumed; (v) any liability or obligation from or relating to breach of any warranty or any misrepresentation by DBC under this Agreement or any Collateral Document; (vi) any liability or obligation from or relating to breach or violation of, or failure to perform, any of DBC's obligations, covenants, agreements or undertakings set forth in this Agreement or any Collateral Document, including without limitation Article 5 of this Agreement; (vii) any obligation or liability relating to any asset of DBC not included in the DBC Assets. (viii) any obligation or liability with respect to capitalized lease obligations or Indebtedness for Money Borrowed; (ix) any Taxes, fees, expenses or other amounts required to be paid by DBC pursuant to the provisions of this Agreement or any Collateral Document; and (x) any Contract with any Affiliate of DBC, other than those, if any, set forth in Section 2(b)(x) of the DBC Disclosure Schedule. All DBC Nonassumed Obligations shall remain and be the obligations and liabilities solely of DBC. (c) Notwithstanding anything contained in this Agreement to the contrary, except as set forth in Section 2.2(c) of the DBC Disclosure Schedule, all items of income and expense (including without limitation with respect to rent, utility charges, Pro Ratable Taxes and wages, salaries and accrued but unused vacation of DBC employees) arising from the ownership or operation of the DBC Assets or the conduct of the DBC Business shall be prorated as of 12:01 a.m., Eastern time, on the Closing Date, with DBC entitled to and responsible for any such items on or prior to the Closing Date and ATS entitled to and responsible for any such items relating to any subsequent period. For these purposes, Pro Ratable Taxes attributable to a period that begins before and ends after the Closing Date shall be treated on a "closing of the books" basis as two partial periods, one ending at the close of the Closing Date and the other beginning on the day after the Closing Date, except that Pro Ratable Taxes (such as property Taxes) imposed on a periodic basis shall be allocated on a daily basis. If either party shall have received any such revenues or paid any such expenses or charges which, pursuant to the terms hereof, the other party is entitled to or responsible for, it shall furnish the other party with a detailed statement of any such items as soon as practicable after receipt or payment thereof. The parties shall use their best efforts to agree upon such items and other adjustments prior to the Closing Date and, in any event, except as set forth in Section 2.2(c) of the DBC Disclosure Schedule, within sixty (60) days thereafter. If the parties are unable within such period to agree upon such items and other adjustments, DBC and ATS shall, within the following ten (10) days, jointly designate a nationally known independent public accounting firm to be retained to review such items and other adjustments. The fees and other expenses of retaining such independent public accounting firm shall be borne equally by DBC and ATS. Such firm shall report its conclusions as to such items and other adjustments pursuant to this Section and such report shall be conclusive on all parties to this Agreement and not subject to dispute or review. Upon such agreement or determination by such independent accounting firm, DBC or ATS, as the case may be, shall promptly reimburse the other party for any income received or expenses paid by the other party and not previously reimbursed or any other adjustment required by this Section. Nothing contained in this Section 2.2(c) is intended or shall be deemed to amend or modify the indemnification provisions of Article 8 nor to reallocate responsibility for the matters set forth therein.

  • Rights and Obligations of Both Parties 7.1 Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..

  • Continuing Rights and Obligations After the satisfaction and discharge of this Indenture, this Indenture will continue for (i) rights of registration of transfer and exchange, (ii) replacement of mutilated, destroyed, lost or stolen Notes, (iii) the rights of the Noteholders to receive payments of principal of and interest on the Notes, (iv) the obligations of the Indenture Trustee and any Note Paying Agent under Section 3.3, (v) the rights, obligations and immunities of the Indenture Trustee under this Indenture and (vi) the rights of the Secured Parties as beneficiaries of this Indenture in the property deposited with the Indenture Trustee payable to them for a period of two years after the satisfaction and discharge.

  • Material Contracts and Obligations All agreements, contracts, leases, licenses, instruments, commitments (oral or written), indebtedness, liabilities and other obligations to which any Group Company is a party or by which it is bound that (i) are material to the conduct and operations of its business and properties; (ii) involve any of the officers, consultants, directors, employees or shareholders of any Group Company; or (iii) obligate any Group Company to share, license or develop any product or technology are listed in Section 3.12 of the Disclosure Schedule and have been provided to the Investor and its counsel. For purposes of this Section 3.12, “material” shall mean any agreement, contract, indebtedness, Liability, arrangement or other obligation either (i) having an aggregate value, cost, Liability or amount of RMB4,000,000 or more, or (ii) not terminable upon no more than thirty (30) days’ notice without penalty or obligation, or (iii) relating to the leased stores with a monthly rental of RMB300,000 or more and leased warehouses.

  • Survival of Representations and Obligations The respective agreements, representations, warranties and other statements made by the Issuer, the Company or the Seller or their respective officers, including any such agreements, representations, warranties and other statements relating to the Master Trust, and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of the Underwriters, the Issuer, the Company or the Seller or any of their respective officers or directors or any controlling person, and will survive delivery of and payment of the Notes. The provisions of Section 9 and Section 10 of this Agreement shall survive the termination or cancellation of this Agreement.