Clause 44 Sample Clauses

Clause 44. 3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services.
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Clause 44. 2 does not apply to the extent that the Consideration for the Taxable Supply is expressly stated in this Deed to be GST inclusive.
Clause 44. The Client reserves the right to take possession of, and use any tools, plants, materials etc. belonging to the Contractor, in or upon the Site. The Contractor shall remove, shift all or any tools, plants materials etc. from site as directed by the Architect within the time frame provided, the client shall be at liberty to remove, shift or sell these by auction or private sale at the risk and expense of the time frame provided, the Contractor. Any expenses incurred by the client towards this shall be deductible from the monies payable to the Contractor under this contract. CLAUSE 45
Clause 44. 1 shall not restrict either Party from appointing any person, whether employee or contractor of the other or not, who has applied in response to an advertisement properly and publicly placed in the normal course of business. In such event, neither Party shall have any obligation or liability to the other by way of introductory or finder’s fee.
Clause 44. 1 is for the benefit of the Finance Parties and the Secured Parties only. As a result, no Finance Party or Secured Party shall be prevented from taking proceedings relating to any matter arising from the Finance Documents in any other courts with jurisdiction. To the extent allowed by law, the Finance Parties and the Secured Parties may take concurrent proceedings in any number of jurisdictions. This Agreement has been entered into on the date stated at the beginning of this Agreement. SCHEDULE 1 THE ORIGINAL PARTIES [INTENTIONALLY LEFT BLANK] Part II The Original Lenders Name of Original Commitment Rollup Interest Total Lender Loan Standard Chartered Bank ZAR500,000,000 ZAR250,000,000 ZAR750,000,000 SCHEDULE 2 CONDITIONS PRECEDENT Part IA Initial conditions precedent

Related to Clause 44

  • Clause 4 3.1 shall not apply to:

  • Clause 2 2 (Finance Parties’ rights and obligations), Clause 5.1 (Delivery of the Utilisation Request), Clause 7.1 (Illegality), Clause 7.7 (Application of prepayments), Clause 23 (Changes to the Lenders), Clause 24 (Changes to the Obligors), Clause 28 (Sharing among the Finance Parties), this Clause 36, Clause 43 (Governing law) or Clause 44.1 (Jurisdiction);

  • Clause 6 Contract agreement The contractor shall, when called upon so to do by the Engineer-in-charge enter into and execute a contract agreement in the form annexed. Clause 7: Performance security In every case where performance security has been provided, as specified in item (h) of Memorandum of Work, contractor shall furnish/maintain the performance security for the extended period of completion under Clause 37 of the Agreement. All compensations or the sums of money payable by the contractor under the terms of this contract may be deducted from or paid by the sale of sufficient part of his performance security, and in the event of his performance security reduced by reason of any such deduction or sale as aforesaid the contractor shall within ten days thereafter make good in cash or other securities as aforesaid any sum or sums which may have been deducted from, or raised by sale of performance security or any part thereof. The performance security deposit / additional performance security deposit lodged by a contractor (in cash or/other form) shall be refunded to him after the expiry of three months after the issue of the certificate of completion of the work under Clause 40 hereof by the Engineer-in-charge or along with the final bill if it is prepared after that period on account of some unavoidable circumstances. Clause 8:

  • Clause 3 Third-party beneficiaries

  • Clause 5 6.2.1 hereof will not apply in cases where it is customary for an employee to return to the company’s premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

  • Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are Subrecipients of HUD assistance for housing.

  • Xxxxxxx Clause 3.10 The Business Manager of the Union shall have the right to appoint a Xxxxxxx at any shop or job or on any crew where workers are employed under the terms of this Agreement. The Employer shall not make transfer of any Xxxxxxx from the shop or job or crew to which he was appointed to another shop or job or crew without first having notified the Business Manager of the Union of his/her desire to make such transfer and having secured Union's approval of the transfer proposed. Such Xxxxxxx shall see that this Agreement and Working and Safety Rules are observed and he shall be allowed sufficient time and be furnished necessary transportation to perform these duties during regular working hours. Under no circumstances shall the Employer dismiss, or otherwise discriminate against, an employee for making a complaint or giving evidence with respect to an alleged violation of any provision of the Agreement. The Xxxxxxx shall be included in all overtime at his/her headquarters whenever feasible. The Business Manager shall remove from his/her duties any Xxxxxxx at any time he considers the best interest of the Local Union will be served thereby and shall notify the Employer immediately of such removal. Among the duties of the Xxxxxxx are to:

  • Fall Clause 7.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

  • Additional Clauses 31.13.1 The Parties expressly agree that if any limitation or provision contained or expressly referred to in this Clause 31 (Indemnities and Liability) is held to be invalid under any Law, it will be deemed omitted to that extent, and if any party becomes liable for loss or damage to which that limitation or provision applied, that liability will be subject to the remaining limitations and provisions set out in this Clause 31 (Indemnities and Liability).

  • Schedule 3 1. The first footnote in Schedule 3.1 of the Original Agreement is hereby deleted in its entirety and replaced with the following:

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