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 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 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 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.
SECTION 1010 Trust Indenture Act; Conflict with Trust Indenture Act................................54
SECTION 913 Preferential Collection of Claims Against Company .......51 SECTION 914.Co-trustees and Separate Trustees .......................52
Section 10.11 Acceptance of Terms of the Trust Agreement, the Guarantee and the Indenture.............47 EXHIBITS Exhibit A Certificate of Trust Exhibit B Form of Common Securities Certificate Exhibit C Form of Expense Agreement Exhibit D Form of Preferred Securities Certificate Exhibit E Form of Certificate of Authentication CROSS-REFERENCE TABLE
Section 1005 Existence................................................. 54
