Role of AEDB Clause Samples

Role of AEDB. Except where the context expressly requires otherwise, the Parties hereby agree that: (i) all references herein to AEDB shall be deemed to refer to the GOP; (ii) wherever in this Agreement any action or performance is required of AEDB, such action or performance (or non-performance) by AEDB shall be deemed to be the action or performance (or non-performance) of the GOP and shall be binding on the GOP; and (iii) wherever in this Agreement any action or performance is required of the Seller to or in favour of AEDB, such action or performance (or non-performance) by the Seller shall be deemed to be the action or performance (or non-performance) to or in favour of GOP and shall be binding on the Seller.
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Role of AEDB. Except in respect of AEDB’s capacity as lessor under the Site Sub-lease or where the context expressly states otherwise, the Parties hereby agree that: (i) all references herein to AEDB shall be deemed to refer to GOP; (ii) wherever in this Agreement any act or omission is required or contemplated of AEDB, such act or omission by AEDB shall be deemed to be the act or omission of the GOP and shall be binding on GOP; and (iii) any performance by the Seller of its obligations under this Agreement in favour of AEDB shall be deemed to be performance in favour of the GOP.
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Role of AEDB. Except where the context expressly requires otherwise, the Parties hereby agree that: (i) all references herein to AEDB shall be deemed to refer to the GOP; (ii) wherever in this Agreement any action or performance is required of AEDB, such action or performance (or non-performance) by AEDB shall be deemed to be the action or performance (or non-performance) of the GOP and shall be binding on the GOP; and (iii) wherever in this Agreement any action or performance is required of the Seller to or in favour of AEDB, such action or performance (or non-performance) by the Seller shall be deemed to be the action or performance (or non-performance) to or in favour of GOP and shall be binding on the Seller. IMPLEMENTATION OF THE PROJECT The Seller shall design, insure, finance, acquire, construct, complete, and Commission the Complex, and shall own, operate, maintain, and transfer the Complex, in each case, in accordance with all applicable Laws of Pakistan, the Seller Consents, this Agreement, the Site Lease, the Energy Purchase Agreement, [the AJ&K Implementation Agreement,] and the Water Use Agreement. ACQUISITION OF SITE, TRANSPORTATION, AND CONSENTS Section 4.1 Acquisition by the Seller of Site and Transportation [The Seller has identified and will have acquired the Site before Financial Closing.] / [The [Provincial Government] / [GOAJ&K] has leased the Site to the Seller pursuant to the Site Lease.] The Seller shall obtain adequate supplies for the Complex, make arrangements for delivery and receipt at port facilities in Pakistan of equipment and materials necessary to construct the Complex, and make arrangements for transport to the Site of all such equipment and materials from the port facilities. The Seller shall complete these activities in compliance with the terms of this Agreement, the Energy Purchase Agreement [and the Site Lease]. [(b) The GOP hereby indemnifies and holds harmless the Seller against all Losses arising in connection with or relating to any defect in title in the Seller’s leasehold interest under the Site Lease, which prevents, impedes or delays the Seller from constructing, Commissioning, operating or transferring the Complex in accordance with the Project Agreements provided such Losses are not the consequence of any breach by the Seller of its obligations under the Site Lease, this Agreement, the Energy Purchase Agreement, or the Water Use Agreement, and provided further, that such action is not a consequence of (i) the Seller’s fa...
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Role of AEDB. Except in respect of AEDB’s capacity as lessor under the Site Sub-lease or where the context expressly states otherwise, the Parties hereby agree that: (i) all references herein to AEDB shall be deemed to refer to GOP; Implementation Agreement 13 (ii) wherever in this Agreement any act or omission is required or contemplated of AEDB, such act or omission by AEDB shall be deemed to be the act or omission of the GOP and shall be binding on GOP; and
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Related to Role of AEDB

  • Role of L/C Issuer Each Lender and the Borrower agree that, in paying any drawing under a Letter of Credit, the L/C Issuer shall not have any responsibility to obtain any document (other than any sight draft, certificates and documents expressly required by the Letter of Credit) or to ascertain or inquire as to the validity or accuracy of any such document or the authority of the Person executing or delivering any such document. None of the L/C Issuer, the Administrative Agent, any of their respective Related Parties nor any correspondent, participant or assignee of the L/C Issuer shall be liable to any Lender for (i) any action taken or omitted in connection herewith at the request or with the approval of the Lenders or the Required Lenders, as applicable; (ii) any action taken or omitted in the absence of gross negligence or willful misconduct; or (iii) the due execution, effectiveness, validity or enforceability of any document or instrument related to any Letter of Credit or Issuer Document. The Borrower hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Letter of Credit; provided, however, that this assumption is not intended to, and shall not, preclude the Borrower’s pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement. None of the L/C Issuer, the Administrative Agent, any of their respective Related Parties nor any correspondent, participant or assignee of the L/C Issuer shall be liable or responsible for any of the matters described in clauses (i) through (v) of Section 2.03(e); provided, however, that anything in such clauses to the contrary notwithstanding, the Borrower may have a claim against the L/C Issuer, and the L/C Issuer may be liable to the Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential or exemplary, damages suffered by the Borrower which the Borrower proves were caused by the L/C Issuer’s willful misconduct or gross negligence or the L/C Issuer’s willful failure to pay under any Letter of Credit after the presentation to it by the beneficiary of a sight draft and certificate(s) strictly complying with the terms and conditions of a Letter of Credit. In furtherance and not in limitation of the foregoing, the L/C Issuer may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary, and the L/C Issuer shall not be responsible for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason.

  • Role of Authorized Participant (a) The Authorized Participant acknowledges that, for all purposes of this Agreement, the Authorized Participant is and shall be deemed to be an independent contractor and has and shall have no authority to act as agent for the Fund, the Marketing Agent, the Administrator, the Custodian or the General Partner in any matter or in any respect. (b) The Authorized Participant will, to the extent reasonably practicable, make itself and its employees available, upon request, during normal business hours to consult with the General Partner and the Marketing Agent concerning the performance of the Authorized Participant’s responsibilities under this Agreement; provided that the Authorized Participant shall be under no obligation to divulge or otherwise discuss any information that the Authorized Participant believes (i) is confidential or proprietary in nature or (ii) the disclosure of which to third parties would be prohibited. (c) Notwithstanding the provisions of Section 8(b), the Authorized Participant will maintain records of all sales of Creation Baskets made by or through it and, upon reasonable request of the General Partner, except if prohibited by applicable law and subject to any privacy obligations or other obligations arising under federal or state securities laws it may have to its customers, will furnish the General Partner with the names and addresses of the Participants of such Creation Baskets and the number of Creation Baskets purchased if and to the extent that the General Partner has been requested to provide such information to the Commodities Futures Trading Commission, Securities Exchange Commission, Financial Industry Regulatory Authority, or Internal Revenue Service (“Fund Regulators”). For the avoidance of doubt, all such information provided by the Authorized Participant shall be Confidential Information (as defined in Section 18) and shall not be used for any purpose other than to satisfy requests of Fund Regulators. (d) The Fund may from time to time be obligated to deliver prospectuses, proxy materials, annual or other reports of the Fund or other similar information (“Fund Documents”) to its limited partners. The Authorized Participant agrees (i) subject to any privacy obligations or other obligations arising under federal or state securities laws it may have to its customers, to reasonably assist the General Partner in ascertaining certain information regarding sales of Creation Baskets made by or through the Authorized Participant that is necessary for the Fund to comply with such obligations upon written request of the General Partner or (ii) in lieu thereof, and at the option of the Authorized Participant, the Authorized Participant may undertake to deliver Fund Documents to the Authorized Participant’s customers that custody Shares with the Authorized Participant, after receipt from the Fund of sufficient quantities of such Fund Documents to allow mailing thereof to such customers. The expenses associated with such transmissions shall be borne by the General Partner in accordance with usual custom and practice in respect of such communications. The General Partner agrees that the names, addresses and other information concerning the Authorized Participant’s customers are and shall remain the sole property of the Authorized Participant, and none of the General Partner, the Fund or any of their respective affiliates shall use such names, addresses or other information for any purposes except in connection with the performance of their duties and responsibilities hereunder and except to the extent necessary for the Fund to meet its regulatory requirements as set forth in Section 8(b) and in this Section 8(c) of the Agreement.

  • Role of Agent Each party agrees and acknowledges that (i) ▇.▇. ▇▇▇▇▇▇ Securities LLC, an affiliate of Dealer (“JPMS”), has acted solely as agent and not as principal with respect to the Transaction and (ii) JPMS has no obligation or liability, by way of guaranty, endorsement or otherwise, in any manner in respect of the Transaction (including, if applicable, in respect of the settlement thereof). Each party agrees it will look solely to the other party (or any guarantor in respect thereof) for performance of such other party’s obligations under the Transaction.

  • Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority.

  • Role of L/C Issuers Each Lender and the Borrower agree that, in paying any drawing under a Letter of Credit, the relevant L/C Issuer shall not have any responsibility to obtain any document (other than any sight draft, certificates and documents expressly required by the Letter of Credit) or to ascertain or inquire as to the validity or accuracy of any such document or the authority of the Person executing or delivering any such document. None of the L/C Issuers, any Agent-Related Person nor any of the respective correspondents, participants or assignees of any L/C Issuer shall be liable to any Lender for (i) any action taken or omitted in connection herewith at the request or with the approval of the Lenders or the Required Lenders, as applicable; (ii) any action taken or omitted in the absence of gross negligence or willful misconduct; or (iii) the due execution, effectiveness, validity or enforceability of any document or instrument related to any Letter of Credit or Letter of Credit Application. The Borrower hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Letter of Credit; provided that this assumption is not intended to, and shall not, preclude the Borrower’s pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement. None of the L/C Issuers, any Agent-Related Person, nor any of the respective correspondents, participants or assignees of any L/C Issuer, shall be liable or responsible for any of the matters described in clauses (i) through (vi) of Section 2.03(e); provided that anything in such clauses to the contrary notwithstanding, the Borrower may have a claim against an L/C Issuer, and such L/C Issuer may be liable to the Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential or exemplary, damages suffered by the Borrower which the Borrower proves were caused by such L/C Issuer’s willful misconduct or gross negligence or such L/C Issuer’s willful or grossly negligent failure to pay under any Letter of Credit after the presentation to it by the beneficiary of a sight draft and certificate(s) strictly complying with the terms and conditions of a Letter of Credit. In furtherance and not in limitation of the foregoing, each L/C Issuer may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary, and no L/C Issuer shall be responsible for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason.