By the Department Sample Clauses

By the Department. The Department may deny, suspend, revoke or condition the protection of the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER for cause, including but not limited to: a. Failure to comply with the protection agreement. b. Violation of state law governing the respective scope of practice or other law governing the health care services provided under the VHCPP. c. Making false, misleading or fraudulent statements in connection with the VHCPP, including determination of eligibility of the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER or handling of a claim against the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER or the state. d. Evidence of substance abuse or intoxication affecting the provision of health care services under the VHCPP. e. Reasonable grounds to believe the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER may have provided incompetent or inadequate care to a patient under or through the VHCPP or is likely to do so. f. Reasonable grounds to believe INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER’s participation in the program may expose the state to undue risk. g. Failure to immediately notify the VHCPP of any disciplinary action brought against the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER by the applicable state licensing board.
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By the Department. Subject to the limitations of liability set forth in Section 5(d) and Section 6(c), the Department will defend, at its expense, any action brought against Licensee based upon the claim that the Software, as used within the scope of the license granted under this Agreement, directly infringes a duly issued U.S. patent or a registered U.S. copyright or misappropriates any trade secret. Licensee shall notify the Department promptly in writing of any such claim. Licensee shall not enter into any settlement or compromise any claim without the Department’s prior written consent. The Department shall have sole control of any such action or settlement negotiations, and Licensee shall provide the Department with information and assistance, at the Department’s expense, necessary to settle or defend such claim. The Department agrees to pay all damages and costs finally awarded against Licensee attributable to such claim.
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By the Department. The Department shall, only to the extent consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code chapter 669, indemnify and hold harmless the Contractor from and against any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments arising out of the Department'S negligence or wrongful acts or omissions in the performance of this agreement.
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By the Department. (i) The Department may cancel a license if construction by the utility has not been completed within 12 months after approval has been given by the District, unless prior arrangements for a longer period have been made with the District. (ii) The Department may cancel a license and direct removal of a facility installed in a location other than approved by the District. (Also see Removal and Suspension in this Section). (iii) The Department may suspend a license if the facility was placed in a location other than approved by the District. (Also see Removal and Suspension in this Section).
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By the Department if the Malicious Software originates from the Departmental Software or the Departmental Data (whilst the Departmental Data was under the control of the Department).
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By the Department. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, the Department agrees to indemnify HCC and hold it harmless against any and all losses, costs, damages, expenses, claims, demands, causes of action, judgments and settlements arising out of the Department’s negligence or wrongful acts or omissions in the performance of this Agreement. HCC shall be responsible for all damages to persons or property that occurs as a result of HCC’s fault, negligence, gross negligence, bad faith, fraud, or other wrongful acts in the performance of this Agreement. Any indemnification by the Department shall be subject to the prior approval of an appropriation of funds by the General Assembly and Governor of the State of Iowa and the allotment of funds by the Iowa Department of Management as may be required by law, and HCC shall furnish the State with a detailed estimate of any expected claim, loss, liability, damage and/or expense for the State’s use in obtaining such approval and appropriation or allotment. Indemnification is further conditioned on the following: 1) HCC and the State or IWD shall cooperate to provide prompt written notice of any expected, threatened or actual claim, loss, liability, damage or expenses. 2) HCC and the State or IWD shall at all times cooperate both in document production and personnel time.
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Related to By the Department

  • Department The Massachusetts Department of Public Utilities or any successor state agency.

  • Department Chairs The release time required to perform the administrative functions of the Department Chair positions shall be deducted from the total workload of the Department Chair with no less than fifty percent (50%) of this release taken from direct instructional duties.

  • Department of Housing and Urban Development Iowa Civil Rights Commission 000 Xxxx 00xx Xxxxxx

  • Department of State Registration Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity.

  • REGISTRATION WITH DEPARTMENT OF REVENUE The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this contract.

  • Department of Transportation Bridge Maintenance employees, when actually climbing the cable stays of the Penobscot Narrows Bridge for inspection and/or repair, shall be compensated at the rate of ten dollars ($10.00) an hour in addition to their regular hourly rate of pay. Employees shall be compensated for a minimum of one (1) hour of such work regardless of the length of the climbing assignment.

  • Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

  • Environmental Protection (i) Except as set forth in Schedule 9 attached hereto, neither the Borrower nor any of its Restricted Subsidiaries nor any of their respective Real Property or operations are subject to any outstanding written order, consent decree or settlement agreement with any Person relating to (A) any Environmental Law, (B) any Environmental Claim or (C) any Hazardous Materials Activity; (ii) Neither the Borrower nor any of its Restricted Subsidiaries has received any letter or written request for information under Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9604) or any comparable state law; (iii) There are no and, to the Borrower’s knowledge, have been no conditions, occurrences, or Hazardous Materials Activities which could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any of its Restricted Subsidiaries that, individually or in the aggregate, could reasonably be expected to have a Materially Adverse Effect; (iv) Neither the Borrower nor any of its Restricted Subsidiaries, nor, to the Borrower’s knowledge, any predecessor of the Borrower or any of its Restricted Subsidiaries has filed any notice under any Environmental Law indicating past or present Release of Hazardous Materials on any Real Property, and neither the Borrower nor any of its Restricted Subsidiaries’ operations involves the generation, transportation, treatment, storage or disposal of hazardous waste (other than hazardous waste generated in the ordinary course of business, and which is not reasonably likely to materially adversely affect the Real Property or have a Materially Adverse Effect), as defined under 40 C.F.R. Parts 260-270 or any state equivalent; and (v) Compliance with all current requirements pursuant to or under Environmental Laws will not, individually or in the aggregate, have a reasonable possibility of giving rise to a Materially Adverse Effect. Notwithstanding anything in this Section 4.1(z) to the contrary, to the knowledge of Borrower or any of its Restricted Subsidiaries, no event or condition has occurred or is occurring with respect to the Borrower or any of its Restricted Subsidiaries relating to any Environmental Law, any Release of Hazardous Materials, or any Hazardous Materials Activity which individually or in the aggregate has had or could reasonably be expected to have a Materially Adverse Effect.

  • Department of Agriculture United States Department of Agriculture at 0-000-000-0000, 000-000-0000, or xxxx://xxx.xxxxx.xxx/plantind/ to determine those specific project sites located in the quarantined area or for any regulated article used on this project originating in a quarantined county.

  • Chief Executive Office; Change of Name; Jurisdiction of Organization (a) The exact legal name, type of organization, jurisdiction of organization, federal taxpayer identification number, organizational identification number and chief executive office of such Grantor is indicated next to its name in Sections I.A. and I.B. of the Perfection Certificate. Such Grantor shall furnish to the Collateral Agent prompt written notice of any change in (i) its corporate name, (ii) the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility), (iii) its identity or type of organization or corporate structure, (iv) its federal taxpayer identification number or organizational identification number or (v) its jurisdiction of organization (in each case, including, without limitation, by merging with or into any other entity, reorganizing, dissolving, liquidating, reincorporating or incorporating in any other jurisdiction). Such Grantor agrees (A) not to effect or permit any such change unless all filings have been made under the UCC or otherwise that are required in order for the Collateral Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral (subject to, with respect to priority, Permitted Encumbrances having priority by operation of law) and (B) to take all action reasonably satisfactory to the Collateral Agent to maintain the perfection and priority of the security interest of the Collateral Agent for the benefit of the Credit Parties in the Collateral intended to be granted hereunder. Each Grantor agrees to promptly provide the Collateral Agent with certified Organization Documents reflecting any of the changes described in the preceding sentence. (b) The Collateral Agent may rely on opinions of counsel as to whether any or all UCC financing statements of the Grantors need to be amended as a result of any of the changes described in SECTION 4.3(a). If any Grantor fails to provide information to the Collateral Agent about such changes on a timely basis, the Collateral Agent shall not be liable or responsible to any party for any failure to maintain a perfected security interest in such Grantor’s property constituting Collateral, for which the Collateral Agent needed to have information relating to such changes. The Collateral Agent shall have no duty to inquire about such changes if any Grantor does not inform the Collateral Agent of such changes, the parties acknowledging and agreeing that it would not be feasible or practical for the Collateral Agent to search for information on such changes if such information is not provided by any Grantor.

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