By ADP Sample Clauses

By ADP. In the event of any intended ADP change to the Facilities, the operation thereof or otherwise which has a reasonable chance of (i) materially and adversely affecting the delivery of the Services to BFS or (ii) resulting in additional cost to BFS or BFS’ clients to accommodate the change, ADP will be required to submit a change request to BFS through the Management Committee which shall be in writing and shall specify in reasonable detail the nature and scope of the change, and the business reason therefor (an “ADP Change Request”). ADP will promptly provide BFS any additional information that BFS reasonably requires in order to respond to the ADP Change Request and BFS will promptly respond to such ADP Change Request taking into consideration the nature of the change and the impact to BFS’ clients (the extent of which may require BFS to require reasonable time to involve such clients). If the Parties mutually agree on the details of an ADP Change Request, then such details (including, if applicable, any changes to fees, costs or Service Levels) will be included in a SOW. BFS shall not be obligated to approve any ADP Change Request absent such fully executed SOW. Notwithstanding the foregoing sentence, the Parties agree to make and consider ADP Change Requests in good faith, bearing in mind the guiding principles set forth in Section 2.
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By ADP. ADP represents and warrants to BFS as follows:
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By ADP. (a) So long as ADP is providing polling services to AutoConnect pursuant to this Agreement for at least three hundred (300) dealers, ADP shall not provide used vehicle inventory polling services for any automotive Internet site that aggregates used vehicle inventory data for consumer use or sells or advertises cars to retail customers. During the term of this Agreement, ADP shall not sell, promote, or otherwise solicit business from dealers for retail-oriented dealer web sites on the Internet or create, provide marketing and sales support to, or make equity investments in any other retail oriented automotive Internet web site, in each case, that contains used vehicle inventory data aggregated from multiple dealers or from multiple OEMs. ADP shall also not create its own consumer-oriented automotive "aggregator site" that would compete with AutoConnect (it being agreed that an Internet automotive "aggregator site" that is oriented towards non-U.S. consumers shall not be considered competitive with AutoConnect), nor shall ADP assist any third party in creating such a site, provided, however, that the foregoing prohibition shall not apply to ADP's license of the Marketing Advisor Software application as described in Section 4.1(b), below. (b) Marketing Advisor is a database publishing tool and multimedia advertising software application which ADP has licensed from Gannett Media Technologies, Inc. for sublicense by ADP to auto dealers, and pursuant to which auto dealers may enter vehicle inventory data in Marketing Advisor's automotive database for use in one or more of the following modules: a print advertising module, pursuant to which Marketing Advisor uses such vehicle data to automate the production of print ads and other print-based marketing materials; an auto text/fax back module, pursuant to which dealers may set up telephone and audio text systems to provide auto inventory information via touch tone telephone; and an Internet module, pursuant to which a dealer may export auto inventory photo and text information to a third party server capable of providing an integrated search engine and database-driving web pages for use in Internet web sites. ADP agrees that although the prohibition in Section 4.1(a), above, shall not prohibit ADP from sublicensing Marketing Advisor to auto dealers, ADP shall not modify or enhance the client Internet module of such application in a manner that permits a dealer to use such application to more easily and effectively ...
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By ADP. In the event any claim is brought by any third party against Source that relates to, arises out of or is based upon any error, delay, interruption or other event caused by ADP or its employees in transmitting the Source Services, Source shall promptly notify ADP, and ADP shall defend such claim at ADP's expense and under ADP's control. ADP shall indemnify and hold harmless Source against any
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Related to By ADP

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  • Staffing Plan The Board and the Association agree that optimum class size is an important aspect of the effective educational program. The Polk County School Staffing Plan shall be constructed each year according to the procedures set forth in Board Policy and, upon adoption, shall become Board Policy.

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  • Study Design This includes a discussion of the evaluation design employed including research questions and hypotheses; type of study design; impacted populations and stakeholders; data sources; and data collection; analysis techniques, including controls or adjustments for differences in comparison groups, controls for other interventions in the State and any sensitivity analyses, and limitations of the study.

  • Signaling protocol The Parties will interconnect their networks using SS7 signaling where Technically Feasible and available as defined in GR 905 Telcordia Standards including ISDN User Part (ISUP) for trunk signaling and TCAP for CCS-based features in the Interconnection of their networks. All Network Operations Forum (NOF) adopted standards shall be adhered to. Where available, CenturyLink signaling services to link its Signaling Transfer Points (STPs) for CLEC switches which connect to CenturyLink’s STPs via “A” links or for CLEC’s STPs to connect to CenturyLink’s STPs via “D” links which are dedicated to the transport of signaling for local Interconnection, may be ordered from the CenturyLink Tariff.

  • Prescription Drug Plan Retail and mail order prescription drug copays for bargaining unit employees shall be as follows:

  • Review Protocol A narrative description of how the Claims Review was conducted and what was evaluated.

  • Hearing Procedure A. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

  • BIDDING PROCEDURE 1.1 Sealed bid, (formal and informal), subject to Instructions and General Conditions and any special conditions set forth herein, will be received in the office of the Purchasing Division, 440 So. 8th St., Lincoln, NE 68508, until the bid closing date and time indicated for furnishing Lancaster County, hereinafter referred to as “County”, the materials, supplies, equipment or services shown in the electronic bid request. 1.2 Bidders shall use the electronic bid system for submitting bids and must complete all required fields. If you do not care to bid, please respond to the bid request and note your reason. 1.3 Identify the item you will furnish by brand or manufacturer’s name and catalog numbers. Also furnish specifications and descriptive literature if not bidding the specific manufacturer or model as listed in the specifications. 1.4 Any person submitting a bid for a firm, corporation, or other organization must show evidence of his authority so to bind such firm, corporation, or organization. 1.5 Bids received after the time and date established for receiving bids will be rejected. 1.6 The Bidders and public are invited, but not required, to attend the formal opening of bids. At the opening, prices will be displayed electronically and/or read aloud to the public. The pricing is also available for immediate viewing on-line. No decisions related to an award of a contract or purchase order will be made at the opening.

  • Informal Resolution Outcomes a. When a complainant approaches an administrative officer and alleges harassment by another BCTF member, the following shall apply: i. All discussions shall be solely an attempt to mediate the complaint; ii. Any and all discussions shall be completely off the record and will not form part of any record; iii. Only the complainant, respondent, and administrative officer shall be present at such meetings iv. No discipline of any kind would be imposed on the respondent; and v. The BCTF and its locals, based on the foregoing, will not invoke the notice of investigation and other discipline provisions of the collective agreement at meetings pursuant to Article E.2.5.a. b. Should a resolution be reached between the complainant and the respondent at Step One under the circumstances of Article E.2.5.a, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. c. In the circumstances where a respondent has acknowledged responsibility pursuant to Article E.

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