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Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.
Survival of Covenants and Agreements The covenants and agreements of the parties to be performed after the Effective Time contained in this Agreement shall survive the Effective Time.
Survival of Covenants Except as expressly set forth in this Agreement or any Ancillary Agreement, the covenants, representations and warranties contained in this Agreement and each Ancillary Agreement, and Liability for the breach of any obligations contained herein, shall survive the Separation and the Distribution and shall remain in full force and effect.
ARTICLE Attached hereto and forming part of this Agreement are the following appendices and Letters of Understanding Short Shifts, ModifiedWork, Job Sharing and Payment for Bargaining Unit President Professional Responsibility Complaint Joint Benefits Review Sub-committee Joint Central Committee Joint Central Committee Labour Relations Education Grievance Administration Best Practices Mentorship Regional Listing of Experts Joint Letter to Minister of Health Quality of Initiatives Compendium of Standards of Practice Feasibility Study of Grievances Harassment and Discrimination Paid Professional Leave Days Part-time Voluntary Benefits Appendix Appendix Appendix Appendix Grievance Form List of Professional Responsibility Assessment Committee Chairpersons Salary Schedule Superior Conditions If Any Appendix of Local Provisions Professional Responsibility Complaint Form LIST OF PROFESSIONAL ASSESSMENT COMMITTEE CHAIRPERSONS Xxxx Xxxxxxx Executive Director Capital Health Alliance Road, Room Ottawa, ON Xxx Xxxx Principal Chair Seneca College Toronto, ON Xxxxxxx Xxxxxx Associate Professor School of Nursing University Thunder Bay, ON NOTIFICATIONOF IMPROPER WORK ASSIGNMENT DATE DE TYPE DE de PATIENTS(#) the believe I given an that was with proper patientcare for the following of attached). us, patientspour que a qui ne de la pas de et No To correct this problem, recommend: Pour la situation, DATE OF NOTIFICATION not believe was adequate to our concerns. therefore request committee refer these concerns the Failing resolution of the concerns the association may consider these issues under the professional responsibility demarches la que pour de qu la Nous par xxxxxx la le SI Nurses' Association Association des et de estions sous le regime des dispositions LETTERS OF UNDERSTANDING The parties agree that the issues of short shifts (including the issue of premium payments for hours worked after scheduled hours on short modified work and job sharing are local issues. The parties hereby agree to meet within six (6) months of to update the list of Professional Responsibility Assessment Committee Chairpersons, to discuss possible revisions to Appendix and to discuss the guidelines for the Chair of the Professional Responsibility Assessment Committee The parties agree to update Appendix to reflect any joint recommendations for changes to the “Notification ofImproper Work Assignment”. The parties agree to refer the following matters to the Benefits Review Sub-committee referenced in Article 17.09: the maximum age dependents eligible for benefit coverage; i the terms and application of the Hospitals of Ontario Disability Income Plan currently in effect; Consideration of alternative options for sick leave provision. The Committee will undertake to meet within six (6) months of the date of ratification. The parties agree to form a Joint Central Committee to discuss issues of mutual interest and benefit to the Hospitals and the Association. The Committee will discuss issues including but not restricted to a Clinical Advancement System for nurses and support for new graduates entering the nursing profession. The parties agree to form a new Joint Central Committee on Labour Relations Education consisting of three representatives of the Union and three representatives of the Participating Hospitals. in order to promote the principles of a collaborative approach to labour relations in a timely and effective manner, the Committee will develop and/or promote education sessions designed to assist the local parties to deal with grievances, professional responsibility complaints, interest based bargaining and such other topics as the parties may deem appropriate. The Committee will meet within two (2) months of the date of The parties will pursue opportunities for external funding to pay for such educational initiatives. The parties agree to refer to the joint central committee on Labour Relations Education the development of education programs on harassment, discrimination and abuse.
SECTION 114 Language of Notices, Etc........................... 16
Specific Covenants The Borrower fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03, 6.05, 6.10, 6.11 or 6.12 or Article VII; or
Use of Attachment Facilities by Third Parties Purpose of Attachment Facilities. Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Attachment Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the New York State Transmission System and shall be used for no other purpose.
Independent Effect of Covenants The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.
Contracts (Rights of Third Parties) Xxx 0000 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Xxx 0000 by a person who is not a party to this Agreement.