ADDITIONAL CLARIFICATIONS Sample Clauses

ADDITIONAL CLARIFICATIONS. This Option to Purchase is not, and shall not be construed as, or interpreted as, any form of equitable mortgage or other equitable interest in the property. It is hereby declared that it is not the intent of the parties to create a loan of any nature or to create a mortgage of any kind. In the event that the Buyer/Optionee hereunder should ever raise such an issue in a court of law or otherwise this Option shall terminate immediately. Any breach of the Option to Purchase Agreement between Buyer/Optionee and Seller/Optionor, or the failure of the Buyer/Optionee to timely and properly exercise the option granted in any Option to Purchase Agreement between Buyer/Optionee and Seller/Optionor, shall be a material breach of the Lease Agreement and shall terminate the Buyer/Optionee’s leasehold to the Property, but not the Buyer/Optionee’s obligations under the Lease Agreement. Condition of Property: Seller/Optionor warrants that when the contemplated sale is consummated, the Property shall be purchased in its then PRESENT AS-IS CONDITION. Risk of loss or damage to the Property for any reason, except through fault of Buyer/Optionee, prior to the consummation of the sale shall be borne by the Seller/Optionor with the exception of personal contents inside the property.
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ADDITIONAL CLARIFICATIONS. A. Criteria I. A clinically appropriate and covered mental health prevention, screening, assessment, treatment, or recovery service listed within Exhibit A of this Agreement can be provided and submitted to the County for reimbursement under any of the following circumstances: a. The services were provided prior to determining a diagnosis, including clinically appropriate and covered services provided during the assessment process; b. The service was not included in an individual treatment plan; or c. The client had a co-occurring substance use disorder. B. Diagnosis Not a Prerequisite I. Per BHIN 21-073, a mental health diagnosis is not a prerequisite for access to covered SMHS. This does not eliminate the requirement that all Medi-Cal claims, including SMHS claims, include a current Centers for Medicare & Medicaid Services (CMS) approved ICD diagnosis code.
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ADDITIONAL CLARIFICATIONS. The following items are also included in the Scope of Work and have been mutually understood and agreed upon: 1) If this is a Lean Project, please refer to Exhibit G for further rules regulations
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ADDITIONAL CLARIFICATIONS. (a) All references to Biofuels Company of America, LLC in the Lease are hereby deleted and replaced with references to Blackhawk Biofuels, LLC. (b) The Construction Contract referenced in the Lease has been assigned to Assignee on or about the Assignment Date, (c) The definition of “Landlord and Mortgagee Agreement” is amended to refer to that certain agreement so entitled between Landlord and Leasehold Lender entered into on or about the Assignment Date. (d) The definition of “Project Agreements” is amended by substituting the following new definition in lieu thereof: “‘Project Agreements’ means, collectively, the Construction Contract, all agreements with respect to the Project Addition, all agreements relating to the design, construction and equipping of the Project, including, without limitation, all agreements between Assignor (assigned to Assignee) or Assignee or their agents and the following: architects, engineers, contractors, equipment lessors, material suppliers, equipment vendors and the like.” (e) The definition of “Project” is amended by substituting the following new definition in lieu thereof: “‘Project’ means the work, labor, material and services required to construct the Plant and the Improvements on the Land, as provided in the Construction Contract and other Project Agreements.”
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ADDITIONAL CLARIFICATIONS. 1. Access to LICENSEE’s non-production and production environments is required for a range of activities, including but not limited to transfer of Licensed Materials from LICENSOR to LICENSEE, initial setup and configuration, and troubleshooting. It is the responsibility of LICENSEE to ensure these accounts are set up and maintained for all necessary access, including but not limited to application and database server, with appropriate administrative authorization, administrator database accounts and VPN access as necessary to all required environments. Further, it is the responsibility of LICENSEE to ensure all access has been granted and working properly before transfer is to begin. If LICENSOR encounters challenges accessing these environments then LICENSOR shall notify LICENSEE and, upon authorization from LICENSEE, troubleshoot the issues and charge LICENSEE an hourly rate. See included rate schedule. 2. Notwithstanding anything to the contrary contained in this Agreement, LICENSOR will comply with all laws, rules and regulations now or hereafter in effect, including without limitation, the Privacy laws and Healthcare Laws, that are applicable to LICENSOR’s performance of its obligations under this Agreement (collectively, “Applicable Law”). If, as part of LICENSEE’s standard policies and procedures regarding contactors working onsite or contractors with logon accounts to LICENSEE’s network, LICENSEE required LICENSOR to execute standard document(s) prior to gaining access to LICENSEE’s premises or systems (each such document, a “Standard Access Agreement”), the Standard Access Agreement will be binding on LICENSOR (including its personnel) upon LICENSEE’s delivery to LICENSOR of an executed copy thereof. Upon LICENSOR’s receipt of an executed copy of the Standard Access Agreement, the Standard Access Agreement shall automatically be deemed attached to this Agreement. If the Standard Access Agreement(s) are attached to this Agreement, the following terms will apply irrespective of those terms: (a) LICENSOR will be responsible for LICENSOR personnel’s and Subcontractors/Agents compliance with the Standard Access Agreement; and (b) in the event of a conflict between the terms of the Standard Access Agreement and the terms of this Agreement, this Agreement shall prevail over the terms of the Standard Access Agreement.
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Related to ADDITIONAL CLARIFICATIONS

  • Clarifications It is the Bidder’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Bidder’s must contact the Procurement Division, at the phone number on the bid cover sheet prior to bid opening, should clarification be required. Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Bidder and the County.

  • Additional Clauses 31.13.1 The Parties expressly agree that if any limitation or provision contained or expressly referred to in this Clause 31 (Indemnities and Liability) is held to be invalid under any Law, it will be deemed omitted to that extent, and if any party becomes liable for loss or damage to which that limitation or provision applied, that liability will be subject to the remaining limitations and provisions set out in this Clause 31 (Indemnities and Liability). 31.13.2 Nothing in this Clause 31 (Indemnities and Liability) will act to reduce or affect a Party's general duty to mitigate its loss and for the avoidance of doubt including any circumstances under which a party has the benefit of an indemnity under this Agreement.

  • Clarification The County reserves the right to request clarification of information submitted and to request additional information of one or more proposers.

  • Clarification of Bidding Documents 10.1 The prospective bidder requiring any clarification of the bidding documents may notify the Employer in writing or by cable (hereinafter the term cable is deemed to include telex, email and facsimile) at the Employer’s mailing address indicated in the Bidding Data. 10.2 The Employer will respond in writing to any request for clarification that he receives earlier than five (5) days prior to the deadline for the submission of bids. Copies of the Employer’s response to queries raised by bidders (including an explanation of the query but without identifying the sources of the inquiry) will be sent to all prospective bidders who will have purchased the bidding documents.

  • Private Letter Ruling or Change or Clarification of Law At Developer’s request and expense, Connecting Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Developer to Connecting Transmission Owner under this Agreement are subject to federal income taxation. Developer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Developer’s knowledge. Connecting Transmission Owner and Developer shall cooperate in good faith with respect to the submission of such request. Connecting Transmission Owner shall keep Developer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Developer to participate in all discussions with the IRS regarding such request for a private letter ruling. Connecting Transmission Owner shall allow Developer to attend all meetings with IRS officials about the request and shall permit Developer to prepare the initial drafts of any follow-up letters in connection with the request.

  • Additional Conditions As a condition to any such assignment or subletting, whether or not Landlord’s consent is required, Landlord may require: (i) that any assignee or subtenant agree, in writing at the time of such assignment or subletting, that if Landlord gives such party notice that Tenant is in default under this Lease, such party shall thereafter make all payments otherwise due Tenant directly to Landlord, which payments will be received by Landlord without any liability except to credit such payment against those due under the Lease, and any such third party shall agree to attorn to Landlord or its successors and assigns should this Lease be terminated for any reason; provided, however, in no event shall Landlord or its successors or assigns be obligated to accept such attornment; and (ii) A list of Hazardous Materials, certified by the proposed assignee or sublessee to be true and correct, which the proposed assignee or sublessee intends to use, store, handle, treat, generate in or release or dispose of from the Premises, together with copies of all documents relating to such use, storage, handling, treatment, generation, release or disposal of Hazardous Materials by the proposed assignee or subtenant in the Premises or on the Project, prior to the proposed assignment or subletting, including, without limitation: permits; approvals; reports and correspondence; storage and management plans; plans relating to the installation of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after Landlord has given its written consent to do so, which consent may be withheld in Landlord’s sole and absolute discretion); and all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any storage tanks installed in, on or under the Project for the closure of any such tanks. Neither Tenant nor any such proposed assignee or subtenant is required, however, to provide Landlord with any portion(s) of the such documents containing information of a proprietary nature which, in and of themselves, do not contain a reference to any Hazardous Materials or hazardous activities.

  • Additional Certifications Any certificate signed by any director or officer of the Corporation and delivered to an Agent or to counsel for such Agent in connection with an offering of Notes or the sale of Notes to an Agent as principal shall be deemed a representation and warranty by the Corporation to such Agent as to the matters covered thereby on the date of such certificate and at each Representation Date subsequent thereto.

  • Clarifications and Interpretations It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by the ODR such clarifications or interpretations will be provided by the A/E consistent with the intent of the Contract Documents. The A/E will issue these clarifications with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, the Contractor shall so notify the Owner in accordance with the provisions of Article 11.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Amendments; Waivers; No Additional Consideration No provision of this Agreement may be waived or amended except in a written instrument signed by the Company, Parent and the Shareholders. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of any Party to exercise any right hereunder in any manner impair the exercise of any such right.

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