Care and Diligence Sample Clauses

Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in, or the negligence of Lender regarding, the preservation, protection, enforcement, sale, or other handling or treatment of all or any part of such collateral, including, without limitation, the failure of Lender to foreclose on any collateral mortgaged or pledged under any of the Security Documents or the delay by Lender in instituting or prosecuting any right or remedy under any of the Security Documents, including, without limitation, the right to foreclose on collateral by non-judicial foreclosure sale or otherwise;
Care and Diligence. The failure of the Lenders or any ------------------ other Person to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security; provided, however, that Lenders shall -------- ------- act in a "commercially reasonable" manner as required by applicable provisions of Article 9 of the Uniform Commercial Code as presently in effect in the State of Texas when exercising their rights under that certain Pledge and Security Agreement by and between Borrower and Administrative Agent of even date herewith.
Care and Diligence. The failure of the Rockpoint Preferred Holders or any other party to exercise diligence or reasonable care in enforcing the Recourse Obligations, including any neglect, delay, omission, failure or refusal of the Rockpoint Preferred Holders (i) to take or prosecute any action for the collection of any of the Recourse Obligations, (ii) to declare an Event of Default, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Recourse Obligations.
Care and Diligence. CMI shall exercise all reasonable skill, care and diligence in the performance of the Services under this Agreement, and shall carry out all its responsibilities in accordance with recognised professional standards. CMI will use all reasonable efforts to ensure that any advice and information supplied by CMI in the performance of the Services is timely, accurate and complete.
Care and Diligence. The Contractor shall exercise all reasonable care and diligence in collecting Solid Waste. Every effort should be made to prevent spilling, scattering or dropping Solid Waste during the collection process. However, in the event that Solid Waste is spilled, scattered or dropped by Contractor, the operator shall immediately clean up the material, place it in the Container and dump the Container. Containers must be replaced in an upright position. If the Container falls over during replacement, the operator must immediately reset the Container. The Contractor acknowledges that Solid Waste collection easements are frequently co-located with other utility easements. Therefore, particular attention must be given to the location of water meters, transformers, guy wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor’s responsibility to exercise caution in relationship to the property of other authorized users. Contractor is not obligated to collect Containers that are overloaded or Solid Waste in the ground or on top of the Container (in each case, “Overage”). If Contractor elects to not collect Overage, it will leave a notice on the Container. If Contractor elects to collect Overage, it may charge the customer an Overage fee as provided in Exhibit B. Emergency Plan - On or before September 1, 2018, the Contractor shall submit an emergency plan to the Town Manager, which shall detail those actions which the Contractor will take to deal with emergency situations such as fire, strike or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key staff of the Contractor. Place of Collection - Normal collection points for residential and commercial Solid Waste shall be curbside or in alleys accessible to mechanized Solid Waste collection equipment. The Contractor shall provide carry­out services for those individuals who are unable to place their Solid Waste for collection in the usual manner due to severe physical handicap, provided it can be done without risk of injury to employees or equipment. The Contractor shall not receive special payment for this service. However, if the Contractor has reason to believe the service is no longer required, the Contractor shall notify the Municipality. The Municipality will notify the Contractor of the result of the investigation and whether the service is to be continued o...
Care and Diligence. The Advisors shall exercise all reasonable skill, care and diligence in the performance of the Consultancy Services under this Agreement; it being understood that the Advisors shall not be responsible for delays, errors or other adverse results directly attributable to the Authority’s failure to comply with its obligations under this Agreement, including without limitation of Clauses 18.1, 18.2 and 19.1, provided that the Advisors has brought such failure to comply to the attention of the Authority. The Advisors are required to work diligently and honestly and use their professional knowledge and skill as a faithful agent of the Authority in the performance of their professional duties in compliance with the applicable laws, including the Laws of the Sultanate of Oman. They shall act in a manner to afford and enhance the honour, integrity and dignity of the Advisory profession, and they shall respect the Laws, Regulations and customs of the Sultanate of Oman.