BC Rail Works Sample Clauses

BC Rail Works. 11.10.1 The Concessionaire will be responsible for liaising with BC Rail Partnership from time to time as necessary to identify the BC Rail Works and the specifications therefor and to establish mutually agreed schedules (the “BC Rail Works Schedules”) for carrying out the BC Rail Works. The Concessionaire will provide the Province with copies of the BC Rail Works Schedules as settled and agreed between the Concessionaire and BC Rail Partnership from time to time, together with written confirmation of BC Rail Partnership's agreement thereto. For greater certainty, the Concessionaire will ensure that all BC Rail Works are completed in accordance with the applicable provisions of the Construction Output Specifications, the Construction Requirements and all other Technical Requirements. The Concessionaire acknowledges that, in accordance with the terms of the BC Rail Agreements, certain BC Rail Works are required to or may be carried out by BC Rail Partnership employees or contractors of BC Rail Partnership rather than by the Concessionaire or its contractors or subcontractors. For greater certainty, the Concessionaire will be responsible for all costs incurred in connection with the BC Rail Works, including any reimbursement or compensation payable to BC Rail Partnership in respect of BC Rail Works carried out by its employees and contractors as aforesaid. 11.10.2 If the Concessionaire establishes that: 11.10.2.1 BC Rail Partnership has: (a) acted unreasonably (having regard, among other relevant factors, to the terms of the BC Rail Agreements) in failing or refusing to approve design and construction drawings and plans or to agree to schedules for any BC Rail Works in respect of the Required BC Rail Lands within a reasonable period of time despite the Concessionaire having used best efforts to obtain such approval or agreement; or (b) has failed to carry out any BC Rail Works in respect of the Required BC Rail Lands in accordance with a BC Rail Works Schedule that has been provided by the Concessionaire to the Province pursuant to Section 11.10.1; 11.10.2.2 such failure or refusal by BC Rail Partnership is preventing the Concessionaire from performing any material element of the Operations and, as a direct result thereof, the Concessionaire has suffered a delay in or net decrease in the Total Performance Payment which otherwise would have been receivable by the Concessionaire pursuant to Section 32.1 of this Agreement [Total Performance Payment] but for suc...
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Related to BC Rail Works

  • Intellectual Property/Work Product Ownership All data, technical information, materials first gathered, originated, developed, prepared, or obtained as a condition of this agreement and used in the performance of this agreement -- including, but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures, drawings, analyses, graphic representations, software computer programs and accompanying documentation and printouts, notes and memoranda, written procedures and documents, which are prepared for or obtained specifically for this agreement, or are a result of the services required under this grant -- shall be considered "work for hire" and remain the property of the State of Vermont, regardless of the state of completion unless otherwise specified in this agreement. Such items shall be delivered to the State of Vermont upon 30- days notice by the State. With respect to software computer programs and / or source codes first developed for the State, all the work shall be considered "work for hire,” i.e., the State, not the Party (or subcontractor or sub-grantee), shall have full and complete ownership of all software computer programs, documentation and/or source codes developed. Party shall not sell or copyright a work product or item produced under this agreement without explicit permission from the State of Vermont. If Party is operating a system or application on behalf of the State of Vermont, Party shall not make information entered into the system or application available for uses by any other party than the State of Vermont, without prior authorization by the State. Nothing herein shall entitle the State to pre-existing Party’s materials. Party acknowledges and agrees that should this agreement be in support of the State's implementation of the Patient Protection and Affordable Care Act of 2010, Party is subject to the certain property rights provisions of the Code of Federal Regulations and a Grant from the Department of Health and Human Services, Centers for Medicare & Medicaid Services. Such agreement will be subject to, and incorporates here by reference, 45 CFR 74.36, 45 CFR 92.34 and 45 CFR 95.617 governing rights to intangible property.

  • Contractor’s Equipment Payment for required equipment owned by the Construction Manager or an affiliate of the Construction Manager will be based solely on an hourly rate derived by dividing the current appropriate monthly rate by 176 hours. No payment will be made under any circumstances for repair costs, freight and transportation charges, fuel, lubricants, insurance, any other costs and expenses, or overhead and profit. Payment for such equipment made idle by delays attributable to the Government will be based on one-half the derived hourly rate under this subsection.

  • Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Sub-Contractors Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Equipment and Software To use the Mobile Remote Deposit Services, you must obtain and maintain at your expense, compatible equipment and software that we may specify from time to time.

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