Allowing for service expansions Sample Clauses

Open Split View

Download

Share

Cite

Allowing for service expansions. 5.20.3. Upgrading technology to ensure the provision of existing services.

Sample 1

Save

Copy

Related to Allowing for service expansions

• Contracting for Services It is the intent of the parties to preserve the work and job opportunities of the employees covered by this agreement. It is also, however, an obligation as well as a management prerogative of the employer to maintain the efficiency of the employer's operations and to determine methods and means by which those operations are to be conducted. The employer shall make every reasonable effort to retain the employees covered by this agreement and will not make arrangements to contract with any outside firm for any of the services ordinarily rendered by said employees which would jeopardize their continued employment without disclosure to the bargaining agent sufficiently in advance to accommodate discussion between the parties of the contemplated action. The employer shall not enter into any such contract for services unless it can be proven that said contract would result in increased efficiency of operations by way of obtaining the same services at less cost or additional services for the same cost, or unless it can be proven that such action is necessitated by financial exigency. The employer agrees it shall be a condition of any such contract for services which may displace employees covered herein, that the contractor shall offer employment to as many of said employees who would be displaced by said contract as the number of similarly qualified employees who shall be required by the contractor to effect performance of the contract. It is understood, however, that the employer may not require the terms of the contractor's offer of employment to be identical to or commensurate with those of the employee's contract with the employer. The provisions of this paragraph are subject to the grievance procedure and no work which would result in displacement of any employee within the bargaining unit shall be contracted prior to a final decision on any grievance filed under the terms of this contract.

• For Services It is expected that, where services can be furnished by multiple sources (e.g. Contractor and/or Resellers), each source may offer different rates for the same service. Rates offered by each multiple source cannot exceed Contractor’s ceiling rate for that type/category. The parties may, upon mutual agreement expressed in the Purchase Order, agree to more advantageous payment or financing schedules.

• Contract for Services The parties intend this Agreement to be a contract for the provision of services and not a contract for the sale of goods. To the fullest extent permitted by law, the provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), the United Nations Convention on Contracts for the International Sale of Goods, and any substantially similar legislation as may be enacted, shall not apply to this Agreement.

• Fee for Services In consideration of the Services rendered by the Contractor and subject to clause 6.3 below, the Union shall pay to the Contractor a fee (the “Fee”) at the rate of and in the manner specified in the Schedule to this Agreement. The fee for service/s will be agreed in writing for the length of the agreement and will be reviewed at the organisations discretion and schedule, annually as a minimum. The Contractor shall submit monthly to the Union an invoice on, or as soon as reasonably possible after, the last day of each month detailing the Services (number of hours) provided within that month. The invoice shall show any value added tax separately. The Union may deduct from any sums payable to the Contractor any sums that the Contractor owes to the Union. If notice of termination is given under clause 13 and the Union does not require the Contractor to provide the Services during the notice period the Fee shall cease to accrue on the date upon which notice of termination was given. Upon termination of this Agreement under clause 13, the Contractor shall be entitled to receive payment of the Fee accrued only to the end of the day on which termination occurs. The Contractor shall be responsible for all day to day personal expenses incurred in the performance of the Services. If the Contractor is unable to provide the Services for any reason the Contractor shall not be entitled to receive any Fee in respect of that period of unavailability.

• Subcontracting for Medicaid Services Notwithstanding any permitted subcontracting of services to be performed under this Agreement, Party shall remain responsible for ensuring that this Agreement is fully performed according to its terms, that subcontractor remains in compliance with the terms hereof, and that subcontractor complies with all state and federal laws and regulations relating to the Medicaid program in Vermont. Subcontracts, and any service provider agreements entered into by Party in connection with the performance of this Agreement, must clearly specify in writing the responsibilities of the subcontractor or other service provider and Party must retain the authority to revoke its subcontract or service provider agreement or to impose other sanctions if the performance of the subcontractor or service provider is inadequate or if its performance deviates from any requirement of this Agreement. Party shall make available on request all contracts, subcontracts and service provider agreements between the Party, subcontractors and other service providers to the Agency of Human Services and any of its departments as well as to the Center for Medicare and Medicaid Services.

• Warranty for Services Vendor warrants that the Services will be performed (i) in a diligent, professional and workmanlike manner in accordance with the highest applicable industry standards, (ii) in accordance with the requirements under this Agreement, and (iii) by experienced, qualified and properly trained and appropriately licensed personnel. If Vendor fails to meet the specifications as set forth herein, Vendor will, without additional compensation, promptly correct or revise any errors or deficiencies in the Services provided.

• AIN Selective Carrier Routing for Operator Services, Directory Assistance and Repair Centers 4.3.1 BellSouth will provide AIN Selective Carrier Routing at the request of <<customer_name>>. AIN Selective Carrier Routing will provide <<customer_name>> with the capability of routing operator calls, 0+ and 0- and 0+ NPA (LNPA) 555-1212 directory assistance, 1+411 directory assistance and 611 repair center calls to pre-selected destinations.

• Public Contracts for Services [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the Department program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with a worker without authorization for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the worker without authorization within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to County a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or C.R.S. §8-17.5-102 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages.

• Payment for Services and Work Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, labor, services, water, tools, equipment, light, power, transportation, and other utilities and facilities necessary for the proper execution and completion of the Work.

• Repair Services RIM, either directly or through its authorized service providers, will provide You with Repair Services using new or refurbished parts or a new or refurbished BlackBerry PlayBook. Any Repair Services under this Agreement are conditioned upon the return of Your BlackBerry PlayBook to RIM or a RIM authorized service provider (as set out in Your RMA form). In the event RIM provides You with a replacement BlackBerry PlayBook (an “Advanced Exchange PlayBook” or “Advanced Exchange Service”) or when the exchange of the BlackBerry PlayBook (or parts thereof) are provided under this Agreement, Your BlackBerry PlayBook or Your BlackBerry PlayBook parts received by RIM or RIM’s authorized service provider become the property of RIM and the Advanced Exchange PlayBook or BlackBerry PlayBook parts sent to You by RIM or RIM’s authorized service provider become Yours.