Basis of appointment. The Supplier appoints the Distributor as its non-exclusive distributor to resell the Products in the Territory on the terms of this Agreement and the Distributor accepts the appointment on these terms. The Supplier can appoint other distributors, agents or franchisees to sell the Products in the Territory.
Basis of appointment. The parties acknowledge that:
(a) TfNSW may enter into agreements with other assessors in relation to the provision of Assessments;
(b) the Assessor has no right, and neither party has any legitimate expectation, that any particular Drivers, or that a minimum volume of Drivers, will engage the Assessor to provide an Assessment;
(c) TfNSW has no obligation to promote the Assessor to Drivers;
(d) by granting the accreditation, TfNSW is not endorsing or making representations about the quality of the Assessor, the Assessor’s Personnel or the Assessments provided by the Assessor; and
(e) the Assessor operates its business solely at its own risk.
Basis of appointment. 4.1 The Authority appoints the Service Provider from the Services Commencement Date to supply the Services to the Authority as may be requested by the Authority from time to time and the Service Provider agrees to provide the Services to the Authority from the Services Commencement Date in accordance with the terms and conditions of the Contract.
4.2 In entering into the Contract, the Authority has relied upon the Service Provider’s representation that it is an independent company, business or partnership carrying on a business on its own account and that it has the skills, resources, experience and qualifications to enable it to perform the Services to the standards specified and required by the Authority.
4.3 The Services that may be requested by the Authority and provided by the Service Provider are of a type described in the Specification. The Authority’s requirements may vary and nothing in the Contract shall require the Authority to order or commit to ordering any particular volume or type of Temporary Workers or Permanent Workers or to use any particular Temporary Worker or Permanent Worker Introduced to the Authority.
4.4 The Service Provider must not commence any Services without an agreed Vacancy Request.
4.5 All Charges in respect of a Vacancy Request shall be as set out in Schedule 6.
4.6 For the purpose of the Contract, the Service Provider shall be deemed to act as an “employment business” in respect of the supply of Temporary Workers and an “employment agency” in respect of the Introduction of Permanent Workers as respectively defined in the Employment Agencies Xxx 0000. The Service Provider shall at all times comply with the provisions of, and the obligations on an employment business or employment agency (as the case may be) under, the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Basis of appointment. The parties acknowledge that:
(a) RMS may enter into agreements with other providers in relation to the provision of Training Courses and Assessments;
(b) Provider has no right, and neither party has any legitimate expectation, that any particular Applicants, or that a minimum volume of Applicants, will engage Provider to provider the Training Courses and Assessments;
(c) RMS has no obligation to promote Provider to Applicants;
(d) by granting the accreditation, RMS is not endorsing or making representations about the quality of Provider, the Provider’s Personnel, or the Training Courses or Assessments provided by the Provider; and
(e) Provider operates its business solely at its own risk.
Basis of appointment. 15.1. Employees may be engaged on an ongoing basis or for a fixed term or specified task.
15.2. Tourism Australia will not engage employees for a fixed term or specified task as a substitute for probation, or to avoid merit based selection processes which are required.
15.3. Tourism Australia will review appointments on a fixed term or specified task basis at twelve monthly intervals after engagement to establish whether an ongoing position exists.
15.4. Employees who are engaged for a fixed term or specified task may have their employment terminated at the expiry of that term or task, provided that they are provided with the period of notice required under this Agreement.
Basis of appointment. 2.1 An Independent Person is to be appointed by agreement between LUL and ECP (or JVCo as appropriate). In the absence of agreement within two (2) weeks of a request from either party to agree an appointment any dispute over the identity of the Independent Person appropriate to resolve the dispute is to be referred at the request of LUL or ECP (or JVCo as appropriate) to the President or other most senior available officer of the organisation generally recognised as being responsible for the subject matter of the dispute who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Independent Person or to arrange his nomination.
2.2 The reference to an Independent Person is to be made to him as an arbitrator and:-
2.2.1 all submissions made or evidence supplied to him are to be in writing unless the parties agree within ten (10) Working Days of his appointment that this requirement does not apply;
2.2.2 the date of his award will be deemed to be the date on which he serves a copy of the award on LUL and JVCo (or ECP as appropriate) or, if the award is served on LUL and JVCo (or ECP as appropriate) on different dates, on the later of the two dates on which the award is served;
2.2.3 he will not be entitled to order the rectification, setting aside or cancellation of this Agreement or any other deed or document;
2.2.4 he will not be entitled to direct that the recoverable costs of the arbitration, or any part of it, be limited to a specified amount; and
2.2.5 he will not be entitled to require that security be provided in respect of the costs of the arbitration.
Basis of appointment. Digitalis acknowledges and agrees that:
1.4.1 it is not being appointed as an exclusive supplier of any of the Services and The Client may at any time perform any part of the Services itself or procure them from a Third Party; and
1.4.2 the placing of Statements of Work is entirely a matter within the discretion and reflecting the business requirements of The Client and its Affiliates and, save for any Statements of Work executed in accordance with Clause 2.1.3 as of the Effective Date, Digitalis shall have no expectation of any minimum volume or value of business under this Agreement.
Basis of appointment. 2.1 An Independent Person is not to be appointed to determine any matter under this Lease unless this Lease makes specific provision for the appointment of an Independent Person to make that determination.
2.2 An Independent Person is to be appointed by agreement between the Landlord and the Tenant. In the absence of agreement within two (2) weeks of a request from either party to agree an appointment:
2.2.1 any dispute over the identity of the Independent Person appropriate to resolve all disputes relating to the Operation of the Railway or Critical Works is to be referred at the request of the Landlord or the Tenant to the President or other most senior available officer of the Institution of Civil Engineer who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Independent Person or to arrange his nomination;
2.2.2 any dispute over the type of Independent Person appropriate to resolve the dispute or the capacity in which a Independent Person is to act may be referred at the request of the Tenant or the Landlord to the President or next most senior available officer of the Royal Institution of Chartered Surveyors who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Independent Person or to arrange his nomination and to determine the capacity in which the Independent Person is to act; and
2.2.3 any dispute over the identity of the Independent Person is to be referred at the request of the Tenant or the Landlord to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Independent Person. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Independent Person is to be nominated by the President or next most senior available officer of the Royal Institution of Chartered Surveyors.
2.3 Where an Independent Person is to act as an independent expert:
2.3.1 the Landlord and the Tenant may make written representations within ten (10) working days of his appointment and will copy the written representations to the other party;
2.3.2 the Landlord and the Tenant are to have a further ten (10) working days to make written comments on each others’ representations and will copy the written comments to the other party;
Basis of appointment. The parties acknowledge that:
(a) TfNSW may enter into agreements with other providers in relation to the provision of Training Courses and Assessments;
(b) Provider has no right, and neither party has any legitimate expectation, that any particular Applicants, or that a minimum volume of Applicants, will engage Provider to provider the Training Courses and Assessments;
(c) TfNSW has no obligation to promote Provider to Applicants;
(d) by granting the accreditation, TfNSW is not endorsing or making representations about the quality of Provider, the Provider’s Personnel, or the Training Courses or Assessments provided by the Provider; and
(e) Provider operates its business solely at its own risk.
