Action Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
RECOMMENDED ACTION It is respectfully requested that the Procurement Committee recommend to the Aviation Authority Board approval of an Addendum to the Information Technology Consulting Services Agreement with Faith Group Consulting, LLC for the services contained herein and the amount as shown below: Not-to-Exceed Fees $0.00 Lump Sum Fees $2,600,000.00 Not-to-Exceed Expenses $0.00 TOTAL $2 600,000.00 AAC – Compliance Review Date 7/25/23 AAC – Funding Eligibility Review Date 7/25/23 ATTACHMENTS Attachment A – Finance Form Attachment B: OSBD Memo ATTACHMENT A FINANCE FORM Date: 07/14/23 Requestor’s Extension: 3902 Requestor’s Name: Xxxx Xxxxxxxxx Preparer’s Extension: 3124 Preparer’s Name: Xxx Xxxxxx Solicitation #: N/A Requestor’s Department: Information Technology Contract # / Name: Information Technology Consulting Services Description: Visual Communication Strategy, Procurement Committee Date: 8/1/2023 Innovation and Content Production Vendor: Faith Group Consulting LLC Agenda Item #: NON-PROJECT FUNDS: O&M, CAPEX, OEA REVENUE FUNDS Account Code Format: xxx.xxx.xxx.xxxxxxx.xxx.xxxxxx FY 23 Amount FY24 Amount FY25 Amount FY26 Amount FY27 Amount TOTAL CONTRACT 301.521.210.5310009.000.100883 2,600,000.00 2,600,000.00 Total Requisition: 2,600,000.00 Requisition Number: 94581 Funding Approver: OMB Notes: 0000 X XXXXXX XXXX ST. XXXXX, MO 63143 T: 314.991.2228 | F: 314.991.2268 MEMORANDUM TO: Xxx Xxxxxx; IT Contracts Manager CC: Xxx Xxxxxxx, Xxxxxxx X’Xxxxx FROM: Xxxxx Xxxxxxx PROJECT: Visual Communication Strategy and Content Production PROJECT #: GOAA # TBD SUBJECT: Scope of Work & Cost Breakdown DATE: 7/10/2023 Overview Faith Group and Synect (the FG Team) have been tasked with providing a visual communications ecosystem that enables the airport to broadcast original content and deliver meaningful, up-to-date information to passengers. The visual communication ecosystem provides relevant, dynamic communication tools to inform and empower travelers.
Actions Each Lender hereby appoints National City as its Agent under and for purposes of this Agreement, the Notes and each other Loan Document. Each Lender authorizes the Agent to act on behalf of such Lender under this Agreement, the Notes and each other Loan Document and, in the absence of other written instructions from the Required Lenders received from time to time by the Agent (with respect to which the Agent agrees that it will comply, except as otherwise provided in this Section or as otherwise advised by counsel), to exercise such powers hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof, together with such powers as may be reasonably incidental thereto. Each Lender hereby indemnifies (which indemnity shall survive any termination of this Agreement) the Agent, pro rata according to such Lender’s Percentage, from and against any and all liabilities, obligations, losses, damages, claims, costs or expenses of any kind or nature whatsoever which may at any time be imposed on, incurred by, or asserted against, the Agent in any way relating to or arising out of this Agreement, the Notes and any other Loan Document, including reasonable attorneys’ fees, and as to which the Agent is not reimbursed by the Borrower; provided, however, that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, claims, costs or expenses which are determined by a court of competent jurisdiction in a final proceeding to have resulted solely from the Agent’s gross negligence or willful misconduct. The Agent shall not be required to take any action hereunder, under the Notes or under any other Loan Document, or to prosecute or defend any suit in respect of this Agreement, the Notes or any other Loan Document, unless it is indemnified hereunder to its satisfaction. If any indemnity in favor of the Agent shall be or become, in the Agent’s determination, inadequate, the Agent may call for additional indemnification from the Lenders and cease to do the acts indemnified against hereunder until such additional indemnity is given.
Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.
Action Plan (1) Within thirty (30) days, the Board shall adopt, implement, and thereafter ensure Bank adherence to a written action plan detailing the Board's assessment of what needs to be done to address the regulatory recommendations outlined in the Report of Examination (XXX) and the requirements of this Agreement to improve the Bank, specifying how the Board will implement the plan, and setting forth a timetable for the implementation of the plan.
Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
Civil Action except where a joint Union-Employer Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Notice of Legal Actions The Contractor must notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action will be grounds for termination for cause of the Contract.
Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.