A pplicability Sample Clauses

A pplicability. 2.1 These Terms apply to and are an integrated part of all agreements – including the actions and expressions concerning the creation of those agreements – between Supplier and Purchaser for the goods to be manufactured and/or delivered and/or the execution of services and/or the creation of a work of material nature. These Terms also apply to supplemental or subsequent agreements. 2.2 These Terms are exclusive in the sense that clauses and/or general (purchasing) conditions on the part of the Purchaser do not apply, with the exception of and insofar as specifically accepted by the Supplier in writing. 2.3 If one or more of the articles of these Terms are deviated from in writing, that non-standard clause or that condition is agreed upon exclusively for the case for which the deviation was agreed upon.
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A pplicability. (a) These General Terms and Conditions of Sale (these “Terms”) are the only terms which govern the sale of the goods (“Goods”) by The Power House Inc. (“Seller”) to the buyer of such Goods (“Buyer”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. (b) The Seller’s confirmation of sale, if any (the “Sales Confirmation”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Xxxxx’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms.
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A pplicability. This DPA only applies to Customer Data that is subject to Data Protection Law and only to the extent that DataCamp processes Customer Data on behalf of Customer in the course of providing Services. This DPA does not apply to Personal Data that DataCamp processes as a Controller or to Anonymous Data.
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A pplicability. The provisions of the applicable Program Documents (as modified by PCI SSC from time to time in its sole discretion) and all appendices hereto are hereby incorporated into, and shall apply to all of the activities contemplated by, this Agreement, to the exclusion of any terms and conditions provided by Vendor. In the event of any express conflict between this Agreement and the Program Documents, the terms of this Agreement shall control. PCI SSC agrees that, without Vendor’s prior written consent, it shall not impose any warranty, indemnity or confidentiality obligations upon Vendor by way of modification of the Program Documents that are in addition to or inconsistent with Vendor’s obligations as set forth in this Agreement.
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A pplicability. This Cost of Gas Adjustment Clause ("CGAC") shall be applicable to Eversource and all firm gas sales made by Eversource, unless otherwise designated. The application to the clause may, for good cause shown, be modified by the Department. See Section 13.0, "Other Rules."
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A pplicability. This Addendum shall apply only to the extent that (a) Customer is established within the European Union, European Economic Area or the United Kingdom or Switzerland and/or Lifesize processes Personal Data of Data Subjects located in the European Union, European Economic Area or the United Kingdom or Switzerland on behalf of Customer, and/or (b) Customer is established within the State of California and/or Lifesize processes the Personal Data of Californian Data Subjects.
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A pplicability. No portion of this A article 5 shall apply unless the interconnection of the Small Generating Facility requires Network Upgrades.
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A pplicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an”EFT”). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
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A pplicability. This part 1260 establishes policies and procedures for all research and education grants and cooperative agreements awarded by the National Aeronautics and Space Administration (NASA) to educational institutions and nonprofit organizations. It does not cover training grants, facilities grants, grants for the Centers for the Commercial Development of Space, or contracts. Subpart 2— Definitions 3. Section 1260.201 is amended by adding the following definitions in alphabetical order: § 1260.201 D efinitions. * * * * *
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Related to A pplicability

  • Applicability Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

  • Applicability of ¶ 2501 Local Church acknowledges and agrees that pursuant to ¶ 2501 of the Discipline, the Local Church holds all its property, real and personal, tangible and intangible, in trust for the benefit of The United Methodist Church, including the Real Property and Personal Property, and the Local Church will not take any actions that are inconsistent therewith or opposing or negating the same.

  • Applicability of Agreement The Developer agrees that the Lands shall be developed and used only in accordance with and subject to the terms and conditions of this Agreement.

  • Applicability of ISP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit.

  • Applicability of ISP and UCP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

  • Applicability of ISP98 and UCP Unless otherwise expressly agreed by the applicable LC Issuer and the applicable LC Obligor, when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance (including the International Chamber of Commerce’s decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each Commercial Letter of Credit.

  • Applicability of Rule 419 Upon delivery and payment for the Units on the Closing Date and each Additional Closing Date, the Company will not be subject to Rule 419 under the Securities Act and none of the Company’s outstanding securities will be deemed to be a “xxxxx stock” as defined in Rule 3a51-1 under the Exchange Act.

  • Applicability of ISP98 Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Letter of Credit.

  • Purpose and Applicability (a) The purpose of this Exhibit is to provide a description of Part 504 of NYSERDA’s regulations, which consists of NYSERDA’s policy for making payment promptly on amounts properly due and owing by NYSERDA under this Agreement. The section numbers used in this document correspond to the section numbers appearing in Part 504 of the regulations.2 (b) This Exhibit applies generally to payments due and owing by the NYSERDA to the Contractor pursuant to this Agreement. However, this Exhibit does not apply to Payments due and owing when NYSERDA is exercising a Set-Off against all or part of the Payment, or if a State or Federal law, rule or regulation specifically requires otherwise.

  • Applicability of Terms A check or similar mark in a box means that such provision is applicable. The abbreviation 48 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon 49 which both parties have signed this Buyer Listing Contract.

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