APPENDIX A Appendix A to the Agreement setting forth the Portfolios of the Trust for which the Adviser is appointed as the investment adviser and the fee payable to the Adviser is hereby replaced in its entirety by Appendix A attached hereto.
APPENDIX The following definitions shall be in effect under the Agreement:
Appendix No 4: The proposed fee(s) submitted by this contractor in response to the RFP, or any negotiated fee(s) that resulted thereto, which fee(s) shall apply to each procurement that ensues from this contract;
APPENDIX D Appendix D, Pricing Schedules, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein.
APPENDIX F Appendix F, HBITS Processes and Forms, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. The Parties agree that the processes and forms set forth in this appendix may be updated as necessary, such as to facilitate the development of a web portal or other automated systems. OGS reserves the right to make changes to these processes and forms without seeking the prior written approval of the Department of Law or OSC, however, OGS agrees that any such changes shall comply with the terms and conditions of this Contract and not be material or substantive in nature. The Parties agree that detailed instructions for the completion of these forms shall be set forth in the “How to Use” document presented on the OGS web site or as part of the web portal or other automated system. Form 8, Monthly Report, shall be submitted electronically in Microsoft Excel 2007 or higher format, which will be separately provided by OGS.
Appendix H Appendix H, Contractor’s Insurance Requirements, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. The Contractor shall maintain in force at all times during the terms of the resultant Contract, policies of insurance pursuant to the requirements outlined in Appendix H – Contractor’s Insurance Requirements.
APPENDIX C Appendix C: Light Duty Vehicles Documents, is hereby expressly made part of this Contract as fully as if set forth at length herein.
Exhibit A The Collateral consists of all of Borrower’s right, title and interest in and to the following: All goods, equipment, inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, general intangibles (including payment intangibles), accounts (including health-care receivables), documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), commercial tort claims, securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and All Borrower’s books relating to the foregoing and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Notwithstanding the foregoing, the Collateral shall not be deemed to include any copyrights (including computer programs, blueprints and drawings), copyright applications, copyright registration and like protection in each work of authorship and derivative work thereof, whether published or unpublished, now owned or hereafter acquired; any design rights; any patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same, trademarks, servicemarks and applications therefor, whether registered or not; or any Intellectual Property, except that the Collateral shall include all accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing. Pursuant to the terms of a certain negative pledge arrangement with Bank, Borrower has agreed not to encumber any of its Intellectual Property without Bank’s prior written consent. EXHIBIT B SPECIALTY FINANCE DIVISION Compliance Certificate I, an authorized officer of TINTRI, INC. (“Borrower”) certify under the Loan and Security Agreement (as amended, the “Agreement”) between Borrower and Silicon Valley Bank (“Bank”) as follows for the period ending (all capitalized terms used herein shall have the meaning set forth in this Agreement): Borrower represents and warrants for each Financed Receivable: Each Financed Receivable is an Eligible Account; Borrower is the owner with legal right to sell, transfer, assign and encumber such Financed Receivable; The correct amount is on the Invoice Transmittal and is not disputed; Payment is not contingent on any obligation or contract and Borrower has fulfilled all its obligations as of the Invoice Transmittal date; Each Financed Receivable is based on an actual sale and delivery of goods and/or services rendered, is due to Borrower, is not past due or in default, has not been previously sold, assigned, transferred, or pledged and is free of any liens, security interests and encumbrances other than Permitted Liens; There are no defenses, offsets, counterclaims or agreements for which the Account Debtor may claim any deduction or discount; Borrower reasonably believes no Account Debtor is insolvent or subject to any Insolvency Proceedings; Borrower has not filed or had filed against it Insolvency Proceedings and does not anticipate any filing; Bank has the right to endorse and/ or require Borrower to endorse all payments received on Financed Receivables and all proceeds of Collateral. No representation, warranty or other statement of Borrower in any certificate or written statement given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statement contained in the certificates or statement not misleading.
THE FIRST SCHEDULE ABOVE REFERRED TO PART - I (Description of the Premises) ALL THAT the piece and parcel of land containing an area of 55 Decimal (Sataks) equivalent to 33 Cottahs 4 Chittacks 18 sq. ft but in physical possession 51.53 Decimal (Sataks) equivalent to 31 Cottahs 2 Chittacks 37 sq. ft. be the same a little more or less in Mouza:- BarhansFartabad, Parganas Madanmolla, Police Station:- Sonarpur, X. X. No.47, Touzi No.109, R.S. No. 7, in the District of South 24- Parganas, comprised in R. S. Khatian No. 222, 223, and 224 R. S. Dag No. 152, 153, 153/1847, 153/1848, 154, 154/1849, 155 Holding no. 000, Xxxxx Xxxxx, Post Office:- Garia, Police Station:- Sonarpur, Kolkata 700 084, under xxxx no. 29, of RajpurSonarpur Municipality, under Additional District Sub-Registrar, Garia, District 24 Parganas South and butted and bounded as follows: ON THE NORTH: By Propery of Xx. Xxxxxx Xxxxx Dutta Xxxxxxxxx and part of Dag no 149, ON THE SOUTH: By Property of Xx. Xxxxxx Xxxxxxxx and Xx. Xxxxx Xxxxxx and 9’ wide Road, ON THE EAST: By Aditya Apartment and 23’-6”wide municipal road and ON THE WEST: By Baroda Prasad High School, OR HOWSOEVER OTHERWISE the same now are or is or heretofore were or was butted bounded called known numbered described or distinguished. PART - II (Description of the New Building “UTSAV”) ALL THAT the new “Building”consisting of 2, 21/2 and 3 BHK Apartments having One Block of Apartments a total of 44 apartments of different types in G+IV storied Block including such other constructions and/or structures,as per the sanctioned Plan bearing No. Building Plan(s) Memo No. 53/CB/29/60 dated 06/06/2017and obtained Completion Certificate dated on upon the Premises more particularly described in the First Schedule herein above.
APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). TERM B.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
