GENERAL A. Nothing in this Agreement shall create, or be deemed to create a partnership or relationship of employer and employee or that of Principal and Agent between the Parties. B. Each Party acknowledges that in entering into this Agreement, it does not do so on the basis of, and does not rely on, any representation or warranty or other provision except as expressly provided herein. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act. C. Each Party warrants to the other Party that it has full power and authority to enter into this Agreement. D. If any provision of this Agreement shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from this Agreement and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions of this Agreement which will remain in full force and effect.
GENERAL A. The parties may mutually agree to involve a facilitator or mediator at any stage of the Dispute Resolution Process. (b) The time limits contained in the Dispute Resolution Process are mandatory, however, where both parties agree, the time limits may be extended. An extension of these time limits will not be unreasonably withheld by the parties. The parties may mutually agree to bypass stages or return to previous stages of the Process. Such agreements will be confirmed in writing. (c) If the Union or the Company have concerns regarding the application of the Dispute Resolution Process, they will meet in an attempt to resolve these concerns. 17. Reporting for Duty
GENERAL A. Subject to the limitations and conditions hereinafter set forth, GULFSTREAM warrants that the Primary and Secondary Structure and the Components of the Aircraft supplied hereunder shall
GENERAL A. Applicability 1. This Agreement applies immediately for this Disaster Declaration after execution by all signatory parties and will remain in effect for the duration of the period that the Disaster Declaration remains open for FEMA funding. 2. For FEMA undertakings that also are within the jurisdiction of the Federal Communications Commission’s (FCC) and within the scope of its Section 106 Programmatic Agreements for communication facilities, FEMA defers Section 106 review in accordance with the ACHP Program Comment of October 23, 2009. The approval of funding for the FEMA Undertaking will be conditioned on the compliance of the subgrantee with FCC’s applicable Section 106 review, including any required consultation with affected Tribes. FEMA will notify the SHPO when it applies the ACHP Program Comment to an Undertaking. 3. Other Federal agencies providing financial assistance for Program activities covered under the terms of this Agreement may, with the concurrence of ACHP, FEMA and SHPO, satisfy their Section 106 responsibilities by accepting and complying with the terms of this Agreement. ”Other Federal Agencies” may include municipalities providing funds and acting as the Responsible Entity pursuant to 24 CFR Part 58. In such situations, the Federal Agency shall notify FEMA, SHPO and ACHP in writing of their intent to use this Agreement to achieve compliance with Section 106 requirements, and consult with those agencies regarding its section 106 compliance. Resumes of staff that meet the Secretary’s Professional Qualifications and will review Tier II projects will be included with the notification. The Federal agency may utilize this Agreement to satisfying its Section 106 responsibilities by executing the Addendum included in Appendix D. The Agreement will be effective for the Federal agency on the date the Addendum is executed by SHPO, FEMA and ACHP. 4. This Agreement may apply to Undertakings involving multiple Federal agencies and where some or all of the Federal agencies involved in the Undertaking may designate FEMA as the lead Federal agency pursuant to 36 CFR § 800.2(a)(2) with appropriate notification to the ACHP. FEMA will act on the collective behalf of the agencies to fulfill all Section 106 responsibilities. Federal agencies that do not designate FEMA as the lead Federal agency will be responsible for doing a separate consultation pursuant to Section 106 and 36 CFR Part 800. 5. As a result of the Disaster Declaration, State, Tribal and lo...
GENERAL A. Buyer's execution of this Agreement constitutes Buyer's offer to purchase, on the terms and conditions set forth herein, the service described in this agreement, and such offer is irrevocable for thirty (30) days after Buyer executes and delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for sixty (60) days after the bid date provided a firm order is received by Xxxxx & Xxxxxxxx, Inc. within that time period. In the event firm orders are not received by Seller within the times set forth above, then price and delivery estimates may change due to changes in the costs of material and/or labor at the time when the firm orders are received by Seller. Seller reserves the right to amend this Service Agreement if not signed and returned within sixty (60) days from the quotation date. In the event we are unable to perform service within the estimated period for reasons beyond our control, including a request by the Buyer to defer performance, the prices are subject to adjustment to those prevailing at the time of performance, but will not exceed 2% per month.
GENERAL A. The School shall implement its educational and related programs as specified in the School’s approved application (Appendix A), including the School’s curriculum, the instructional methods, any distinctive instructional techniques to be used, and the identification and acquisition of appropriate technologies needed to improve educational and administrative performance, which include a means for promoting safe, ethical, and appropriate uses of technology which comply with legal and professional standards. b) The School shall ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide specialized instruction for students who are reading below grade level. Further, the curriculum and instructional strategies for reading shall be consistent with applicable State and Federal Standards and grounded in scientifically-based research. Any updates, revisions, and/or changes to the curriculum programs described in the application and requested by the Sponsor as a condition of the application’s approval are hereby incorporated as part of the approved application included as Appendix A. Any request to change the School’s curriculum must be submitted to the Sponsor in writing, comply with all applicable laws and be approved by the Sponsor before the changes are implemented. c) The School will be provided the opportunity to participate in the Sponsor’s K-12 Comprehensive Research-Based Reading Plan (CRRP) but may opt to not participate pursuant with 6A.-6.053. If the School chooses to participate in the plan it must: i. Meet the requirements outlined in the District K-12 Comprehensive Reading Plan; however, it may meet these requirements through methods that differ from those requirements outlined in the Sponsor’s plan; ii. Agree to implement the plan with fidelity; iii. Agree to be monitored by the Sponsor for fidelity to the plan. D) Non-Renewal/Cancellation and Termination
GENERAL A. The whole contract; Waiver of rights; No task. This Agreement shall be a complete and exclusive statement of agreement between the Parties concerning the subject-matter of this Agreement and shall supersede all oral or written proposals and any other statements, notices, negotiations and obligations relating to the matter. It is not possible for either Party to modify, additionally or waive the provisions of this Agreement unless signed in writing by an authorised representative of that Party. No opt-out The other Party shall, for any breach of the provisions of this Agreement, which has been infringed by the other Party, be deemed to have waived any other provision or this provision in any other case. No Party may transfer this Agreement and/or any of its rights and/or obligations arising from it without the prior written consent of the other Party, and any such attempt at assignment shall not be valid. b.
GENERAL A. Subject to clause 14.01, an employee is entitled to overtime compensation for each completed period of fifteen (15) minutes of overtime worked by him: i. when the overtime work is authorized in advance by the Employer or is in accordance with standard operating instructions, and ii. when the employee does not control the duration of the overtime work. b. Employees shall record starting time and finishing times of overtime work in a form determined by the Employer. 14.03
GENERAL A. The Client acknowledges that these terms govern the legal rights and obligations between the Client and ________________________. Xxxxxxxx reserves the right to alter these terms and conditions. b. No variation or alteration of these terms by the Client shall be valid unless expressly approved in writing by ___________________. c. This agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
GENERAL A. End-User and its authorized users are responsible for the use of the Cloud Service within any professional practice and should obtain their own expert advice. End-User is responsible for its use of TUNGSRAM IS products and services. b.) A Cloud Service or feature of a Cloud Service is considered "Preview" when TUNGSRAM IS makes such services or features available at no charge, with limited or pre-release functionality, or for a limited time to try available functionality (such as beta, trial, no-charge, or preview designated Cloud Services). Preview services are excluded from Service Level Availability agreements. A Preview service may not be covered by support and TUNGSRAM IS may change or discontinue a Preview service at any time and without notice. TUNGSRAM IS is not obligated to release a Preview service or make an equivalent service generally available. Preview services are made available as-is, without warranties of any kind. c). Account Data is information, other than Content, that End- User provides to TUNGSRAM IS to enable End-User's use of a Cloud Service or that TUNGSRAM IS collects using tracking technologies, such as cookies and web beacons, regarding End-User's use of a Cloud Service. TUNGSRAM IS, its affiliates, and contractors of either, may use Account Data, for example, to enable product features, administer use, personalize experience, and otherwise support or improve use of the Cloud Service. d.) TUNGSRAM IS may use personnel and resources in locations worldwide, including contractors to support the delivery of the Cloud Services. TUNGSRAM IS may transfer Content, including personal data, across country borders. e.) End-User may not: i) reverse engineer any portion of a Cloud Service; ii) assign or resell direct access to a Cloud Service to a third party outside End-User's Enterprise; or iii) combine Cloud Services with End-User's value add to create a commercially available End-User branded solution that End- User markets to its end user customers unless otherwise agreed. f.) TUNGSRAM IS may offer additional customization, configuration or other services to support Cloud Services, as detailed in a separate support agreement.
