Information Doc RFPWTE - Petroleum Corporation Of Jamaica

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16. Dispute Resolution. The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good faith negotiations. Whenever a party desires to initiate the dispute resolution process set forth in this Article, it shall do so by giving a dispute notice to the other party. Upon delivery of any dispute notice, the Representative of the recipient thereof shall deliver to the party giving that dispute notice a signed and dated receipt therefor, which receipt shall serve as conclusive evidence of the date upon which such dispute notice was delivered. Within ten (10) days after the delivery of a dispute notice, the Parties shall meet for the purpose of negotiating a resolution of the dispute. The Parties will use their best efforts to informally resolve the dispute during the period of 45 days after the date of the written notice. If the dispute has not been resolved to either party’s satisfaction during this time period, the requirement for informal negotiations shall be satisfied. The Parties may, by mutual agreement, extend the period for informal negotiations. Nothing in this Article shall prevent the Parties from seeking judicial remedies. In addition, either party may elect to attempt to secure equitable relief in a Court of law at any time, irrespective of the provisions of this Article. 17. Representations of the SUPPLIER. The SUPPLIER represents and warrants that (a) it is an organization in good standing under the laws of <strong>Jamaica</strong> and is duly qualified to do business wherever necessary to perform its obligations under this Agreement; (b) it has the full power, authority and legal right to enter into and perform its obligations under this Agreement; (c) the execution, delivery and performance of this Agreement by the SUPPLIER 1. has the requisite approval of all governmental bodies, 2. will not violate any judgment, order, law or regulation applicable to the SUPPLIER or any provisions of the SUPPLIER's charter by-laws; and 49
3. will not conflict with, constitute a default or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the SUPPLIER under any agreement or instrument to which the SUPPLIER is a party or by which the SUPPLIER or its assets may be bound or affected; (d) it has no litigation or proceeding pending or, to the knowledge of the SUPPLIER, threatened against or affecting the SUPPLIER which 1. challenges the validity of this Agreement, 2. would enjoin the performance by the SUPPLIER of its obligations or 3. if adversely determined, would materially adversely affect the financial condition of the SUPPLIER and the ability of the SUPPLIER to perform its delivery and payment obligations under this Agreement. 18. Binding Agreement. This Agreement, which has been duly authorized, executed and delivered by the respective Parties, constitutes a legal, valid and binding obligation enforceable in accordance with its terms, except, as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally, or by general equitable principles concerning remedies. 19. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement pursuant to its terms, any duty or obligation of SUPPLIER which has not been fully observed, performed and/or discharged and any right, unconditional or conditional, which has been created for the benefit of USER and which has not been fully enjoyed, enforced and/or satisfied (including but not limited to the duties, obligations and rights, if any, with respect to secrecy, indemnity, warranty, and guaranty) shall survive such expiration or termination until such 50
Page 1 and 2: INFORMATION in support of REQUEST F
Page 3 and 4: TABLE OF CONTENTS Page Disclaimer 1
Page 5 and 6: LIST OF ACRONYMS & ABBREVIATIONS $
Page 7 and 8: 1.2 Jamaica’s Energy Sector Polic
Page 9 and 10: 1.3 Jamaica’s Electricity Sector
Page 11 and 12: Waste Characterization 1990 Norcons
Page 13 and 14: Table 3. National Solid Waste Manag
Page 15 and 16: Staff The staff complement at the m
Page 17 and 18: Waste Intake Table 5.1 Waste Intake
Page 19 and 20: RIVERTON Geology and Hydro-Geology
Page 21 and 22: WPM Region - Retirement Disposal Si
Page 23 and 24: NEPM Region - Hadden, Tobolski and
Page 25 and 26: Accessibility of Water & Electricit
Page 27 and 28: The NSWMA will provide :- land for
Page 29 and 30: 1.9 Procurement Process The Request
Page 31 and 32: 1.11 Key Stakeholders Petroleum Cor
Page 33 and 34: Ministry of Energy The mission of t
Page 35 and 36: Jamaica Trade & Invest (JAMPRO) Jam
Page 37 and 38: 1. The Fixed Payment will be based
Page 39 and 40: The following are some of the terms
Page 41 and 42: FINANCING STRUCTURE The Project Com
Page 43 and 44: estimated quantities of Acceptable
Page 45 and 46: them (the "Indemnified Persons") fr
Page 47 and 48: Agreement shall survive expiration
Page 49: No provision of this Agreement shal
Page 53 and 54: the satisfaction of all conditions
Page 55 and 56: judgment, order or consent decree w

Information Doc RFPWTE - Petroleum Corporation Of Jamaica

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