Private and Regulatory Compliance Clause Samples

The Private and Regulatory Compliance clause requires parties to adhere to all applicable laws, regulations, and private standards relevant to the agreement. In practice, this means each party must ensure their actions, products, or services comply with government regulations, industry codes, and any other binding requirements, such as data privacy laws or environmental standards. This clause serves to allocate responsibility for legal compliance, reducing the risk of regulatory violations and associated penalties for all parties involved.
Private and Regulatory Compliance. A. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate and/or maintain its Communications Facilities on public and/or private property before it occupies any portion of City’s Poles. City retains the right to require evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee’s obligations under this Article include, but are not limited to, the obligation to obtain all necessary approvals to occupy public/private rights-of-way and to pay all associated costs. B. LICENSEE SHALL DEFEND, INDEMNIFY AND REIMBURSE CITY FOR ALL LOSS AND EXPENSE, INCLUDING ATTORNEYS’ FEES, THAT CITY MAY INCUR AS A RESULT OF CLAIMS BY GOVERNMENTAL BODIES, OWNERS OF PRIVATE PROPERTY, OR OTHER PERSONS, THAT LICENSEE DOES NOT HAVE SUFFICIENT RIGHTS OR AUTHORITY TO ATTACH LICENSEE’S COMMUNICATIONS FACILITIES ON CITY’S POLES. CITY SHALL GIVE LICENSEE PROMPT WRITTEN NOTICE OF THE MAKING OF ANY SUCH CLAIM, AND/OR THE COMMENCEMENT OF ANY LITIGATION OR OTHER PROCEEDING INCLUDING SUCH CLAIM. C. No Permit granted under this Agreement shall extend to any Pole on which the attachment of Licensee’s Communications Facilities would result in a forfeiture of City’s rights. Any Permit which covers Attachments that would result in forfeiture of City’s rights is invalid. If any of Licensee’s Communications Facilities, whether installed pursuant to a valid Permit or not, would cause such forfeiture, Licensee shall promptly remove its Communications Facilities upon receipt of written notice from the City. City will perform such removal at Licensee’s expense after the expiration of sixty (60) days from Licensee’s receipt of the written notice. Notwithstanding the foregoing, in the event Licensee is challenging the removal of its facilities and has received a court order that allows Licensee to remain on the Poles during such challenge, Licensee shall defend, indemnify and reimburse City for all loss and expense, including attorney’s fees, that City may incur as a result of Licensee remaining on the poles during such challenge. D. Consent by City to Licensee’s construction or maintenance of any Attachments shall not be deemed consent, authorization or acknowledgment that Licensee has the necessary authority to construct or maintain any such Attachments.
Private and Regulatory Compliance. Deleted: The use of Attachments for any illegal or unauthorized purpose shall constitute a breach of this Agreement. Deleted: must at all times serve a lawful purpose, Deleted: Licensee shall defend, indemnify and reimburse CPS Energy for all loss, costs and expense, including reasonable attorney’s fees, that CPS Energy may incur as a result of claims by governmental bodies, owners of private property, or other persons, that Licensee does not have sufficient rights or authority to attach Licensee’s Communications Facilities on CPS Energy’s Poles.
Private and Regulatory Compliance. 4.1 Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate, and/or maintain its Communications Facilities on public and/or private property before it occupies any portion of CPS Energy’s Poles. Licensee must provide CPS Energy, as required by the Pole Attachment Standards, a copy of a license, franchise, certificate of authority, or other authorization that grants Licensee access to municipal rights-of-way for the purpose of installing Communications Facilities. With regard to access to public or private property, other than municipal rights-of-way, Licensee shall provide CPS Energy upon request with evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee’s obligations under this Section 4 include, but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of-way and to pay all costs associated therewith, and to maintain such approval for the term of a Permit.
Private and Regulatory Compliance 

Related to Private and Regulatory Compliance

  • Legal and Regulatory Compliance ‌ 4.22.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.22.2 While on the HCA premises, Contractor must comply with HCA operations and process standards and policies (e.g., ethics, Internet / email usage, data, network and building security, harassment, as applicable). HCA will make an electronic copy of all such policies available to Contractor. 4.22.3 Failure to comply with any provisions of this section may result in Contract termination.

  • Regulatory Compliance Neither Borrower nor any of its Subsidiaries is an “investment company” or a company “controlled” by an “investment company” under the Investment Company Act of 1940, as amended. Neither Borrower nor any of its Subsidiaries is engaged as one of its important activities in extending credit for margin stock (under Regulations X, T and U of the Federal Reserve Board of Governors). Borrower and each of its Subsidiaries has complied in all material respects with the Federal Fair Labor Standards Act. Neither Borrower nor any of its Subsidiaries is a “holding company” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company” as each term is defined and used in the Public Utility Holding Company Act of 2005. Neither Borrower nor any of its Subsidiaries has violated any laws, ordinances or rules, the violation of which could reasonably be expected to have a Material Adverse Change. Neither Borrower’s nor any of its Subsidiaries’ properties or assets has been used by Borrower or such Subsidiary or, to Borrower’s knowledge, by previous Persons, in disposing, producing, storing, treating, or transporting any hazardous substance other than in material compliance with applicable laws. Borrower and each of its Subsidiaries has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all Governmental Authorities that are necessary to continue their respective businesses as currently conducted. None of Borrower, any of its Subsidiaries, or any of Borrower’s or its Subsidiaries’ Affiliates or any of their respective agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is (i) in violation of any Anti-Terrorism Law, (ii) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law, or (iii) is a Blocked Person. None of Borrower, any of its Subsidiaries, or to the knowledge of Borrower and any of their Affiliates or agents, acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement, (x) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any Blocked Person, or (y) deals in, or otherwise engages in any transaction relating to, any property or interest in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law.

  • Statutory and Regulatory Compliance Contractor shall comply with all laws and regulations applicable to the Community Development Block Grant-Disaster Recovery funds appropriated by the Disaster Relief Appropriations Act, 2013 (Pub. L. 113-2), including but not limited to the applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses.