PMP. Each Lender which is a party to this Agreement on the date hereof represents and warrants on the date hereof to each Borrower organized under the laws of the Netherlands that (i) it is a PMP, (ii) it is aware that it does not benefit, with respect to the credit facility evidenced by this Agreement, from the protection offered by the Dutch Banking Act to Lenders which are not PMPs, and (iii) it has made its own independent appraisal of risks arising under or in connection with any Loan Documents.
PMP. TFC may designate a PMP for the Project to provide certain Project management services in addition to those provided by TFC Project Manager. The PMP will provide management of overall Project which scope is further defined in the PMP definition above and in the PMP Agreement, but whose scope may include, but shall not be limited to, the following deliverables:
PMP. Prior to or immediately upon the first use in a human of any part of the PMP Technology, including in clinical testing of a Commercial Product or other product or process, in accordance with this Agreement, and for a period of six (6) years after the last use of the PMP Technology that, but for the license granted hereunder, would infringe any Intellectual Property in the PMP Technology, PMP shall obtain and/or maintain, at its expense, liability insurance (including product, professional and clinical research insurance) in amounts which are reasonable and customary in the industry for companies of comparable size and activities. Such liability insurance shall insure against liability for personal injury, physical injury, and property damage. PMP shall provide proof of insurance to Medicago upon request. PMP may satisfy this requirement by a representation that it is self-insured and/or maintains Third Party liability insurance in amounts sufficient to meet the foregoing requirement.
PMP. With respect to any assignment of Loans or Commitments made to the Dutch Borrower, any assignment shall only be made where the value of the rights assigned is at least Euro 50,000 (or its equivalent in other currencies) (or any other threshold amount as applicable for the purposes of qualifying as a PMP from time to time) or the assignee otherwise qualifies as a PMP. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.
PMP. (a) Each Original Lender represents and warrants to the Dutch Borrowers as at the Restatement Date that it is a PMP and that it is aware that it does not benefit from (creditor) protection offered by the Dutch Banking Act when lending monies to persons or entities which are exempted from the prohibition of Article 6 or excepted from the prohibition of Article 82 in each case of the Dutch Banking Act.
PMP as of the date of this agreement and on each date upon which a LF Revolving Drawing, LF Withdrawal or a Liquidity Standby Drawing is made hereunder that it is a PMP and that it has not granted and will not grant any participation in this Agreement to, and has not assigned and will not assign any of its rights under this Agreement to, anyone other than a PMP and each party to whom it assigns any or all of its rights under this Agreement represents and warrants to the Issuer on the date it becomes a party to this Agreement and each date upon which a LF Revolving Drawing or a Liquidity Standby Drawing is made hereunder after such date that it is a PMP and that it has not granted and will not grant any participation in this Agreement and has not assigned or will not assign any or all of its rights under this Agreement to anyone other than a PMP.
PMP. As soon as practicable after the date of this Agreement, Sydney Water will develop a draft PMP for review and approval by the City. The PMP must be approved by both Sydney Water and the City and agreed to in writing.
PMP. TFC may designate a PMP for the Project to provide certain Project management services in addition to those provided by TFC Project Manager. The PMP will provide management of overall Project which scope is further defined in the PMP definition above and in the PMP Agreement, but whose scope may include, but shall not be limited to, the following deliverables: Planning, management, and coordination of the Project as further defined in the PMP Agreement, a copy of which shall be provided upon request to CMR; Providing an initial Project program scope and strategy for implementation of the scope; Review of solicitation documents and other contractual templates and provide recommendations; Development and management of the Project cost control system; Development of the Master Schedule and coordinating and monitoring of Work Progress Schedule within the Master Schedule including integration with Project cost control system; Development of quality control plan; HUB/S/M/WBE outreach and compliance consultation; MEP Project planning services; Functional and space programming services; Estimating services; Peer review of designed systems, including MEP, building envelope, roofing, weatherproofing, elevators, architectural and structural systems and utilities and civil site development; Reporting on Project progress and conformance with the Project program scope; and Such other deliverables as may be developed or assigned to PMP by TFC. CMR shall, at all times, work collaboratively with PMP and the TFC Project Manager as well as other members of the Project Team at all times, and shall work to help integrate its Services with those of the A/E, PMP, and TFC Project Manager throughout the Project.