Supplementary Agreements II.13.1 Any amendment to the grant conditions must be the subject of a written supplementary agreement. No oral agreement may bind the parties to this effect.
Supplementary Agreement The parties stipulate and agree that the escrow provisions in this Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" GLAZING TO STEEL WITH PUTTY 4mm Obscure safety glass: 1 Panes not exceeding 0,1 m2 m2 3 Carried Forward to Summary of Section No. 3 R Section No. 3 SMD1 Bill No. 11 GLAZING BVI CONSULTING ENGINEERS Amount Item No SECTION 3 Quantity Rate Amount BILL NO. 12 PAINTWORK SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" ON FIBRE-CEMENT Prepare and brush to remove all loose contaminations, apply one coat primer and two coats PVA emulsion paint: 1 On fascias and barge boards m2 6 ON WOOD Undercoat and minimum 2 coat gloss enamel: 2 On doors (Internal) m2 3 3 On doors (External) m2 7 ON METAL Undercoat and minimum 2 coat gloss enamel: 4 On door frames m2 1 5 On gates (Measured over the full flat area of both sides) m2 8 6 On gutters and down pipes m 10 Spot prining defects in prime surface with zinc chromate primer and apply one universal undercoat and two coats EPWP, golden brown gloss enamel paint on steel: 7 On windows with burglar bars m2 3 Carried Forward to Summary of Section No. 3 Section No. 3 SMD1 Bill No. 12 PAINTWORK BVI CONSULTING ENGINEERS R SECTION SUMMARY - SMD1 Bill No Page No 1 EARTHWORKS 61 2 CONCRETE,FORMWORK AND REINFORCEMENT 63 3 MASONRY 66 4 WATERPROOFING 67 5 ROOF COVERINGS 69 6 CARPENTRY AND JOINERY 71 7 IRONMONGERY 73 8 METALWORK 74 9 PLASTERING 75 10 PLUMBING AND DRAINAGE 78 11 GLAZING 79 12 PAINTWORK 80 Carried to Final Summary Section No. 3 SMD1 BVI CONSULTING ENGINEERS Amount R Item No SECTION 4 Quantity Rate Amount BILL NO.1 EARTHWORKS (PROVISIONAL) SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" SITE CLEARANCE 1 Digging up and removing rubbish, debris, vegetation, xxxxxx, shrubs,xxxx and trees not exceeding 200mm girth, etc. m2 73 2 Stripping average 100mm thick layer of top soil and stockpiling on site m2 73 EXCAVATION,FILLING, ETC Excavation in earth not exceeding 2m deep: 3 Trenches m3 18 4 Pit m3 27 5 For aprons thickenning m3 4 Extra over trench and hole excavations in earth for excavation: 6 Soft rock m3 49 7 Hard rock m3 49 Extra over all excavations for carting away: 8 Surplus material from excavations and/or stock piles on site to a dumping site to be alocated by the Contractor m3 35 Carried Forward Section No. 4 MD3 Bill No. 1 EARTHWORKS BVI CONSULTING ENGINEERS R Brought Forward R Risk of collapse of excavations: 9 Sides of trench and hole excavation not exceeding 1,5m deep. m2 82 Keeping excavations free of water: 10 Keeping excavations free of water other than subterranean water Item Earth filling obtained from the excavations and/or prescribed stock piles on site compacted to 93% ModAASHTO density: 11 Under floors, steps, pavings, etc. m3 7 12 Backfilling to trenches, holes, etc. m3 9 Compaction of surfaces: 13 Compaction of ground surface under floors etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 25 14 Compaction of ground surface to pits etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 20 15 Compaction of ground surface to aprons etc including scarifying for a depth of 150mm, breaking down oversize material, adding suitable material where necessary and compacting to 93% Mod AASHTO density m2 44 Prescribed density tests on filling: 16 Modified AASHTO Density tests No 5 SOIL POISONING Carried Forward R Section No. 4 MD3 Bill No. 1 EARTHWORKS BVI CONSULTING ENGINEERS Brought Forward R Soil insecticide: 17 Under floors etc including forming and poisoning shallow furrows against foundation walls etc, filling in furrows and ramming. m2 25 18 To bottom of concrate aprons m2 44 19 To bottoms and sides of trenches, etc. m2 69 Carried Forward to Summary of Section No. 4 R Section No. 4 MD3 Bill No. 1 EARTHWORKS BVI CONSULTING ENGINEERS R Amount
Supplemental Agreements The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement. Survival Clause All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.
TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.
Sales and Supplemental Agreements The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.
Appendix B Amendments The following Appendix B clauses are hereby amended as follows:
Supplemental 1. This Project Contract is supplemental to the terms and conditions of the Master Contract as if the Master Contract was fully set forth herein. Failure to include any provision of the Master Contract in this Project Contract is not an agreement to omit the provision. All defined terms herein shall be used in the Master Contract and all defined terms in the Master Contract shall be used in this Project Contract.
Supplementary Provisions 15.1 This Agreement is executed in two original copies and each Party shall keep one.
Amendments and Supplements The Company shall prepare and file with the Commission such amendments, including post-effective amendments, and supplements to such Registration Statement and the prospectus used in connection therewith as may be necessary to keep such Registration Statement effective and in compliance with the provisions of the Securities Act until all Registrable Securities and other securities covered by such Registration Statement have been disposed of in accordance with the intended method(s) of distribution set forth in such Registration Statement or such securities have been withdrawn.
