By WaMu Sample Clauses

By WaMu. WaMu represents that as of the Agreement Date: (A) WaMu is a corporation duly incorporated, validly existing and in good standing under the Laws of Washington; (B) WaMu has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (C) the execution, delivery and performance of this Agreement by WaMu (1) has been duly authorized by WaMu and (2) will not conflict with, result in a breach of or constitute a default under any other agreement to which WaMu is a party or by which WaMu is bound; (D) WaMu is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required for the ownership or leasing of its assets or the transaction of business of the character transacted by it, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on WaMu’s ability to fulfill its obligations under this Agreement; and (E) there is no outstanding litigation, arbitrated matter or other dispute to which WaMu is a party which, if decided unfavorably to WaMu, would reasonably be expected to have a material adverse effect on Supplier’s or WaMu’s ability to fulfill their respective obligations under this Agreement.
AutoNDA by SimpleDocs
By WaMu. WaMu warrants to and covenants with Supplier that during the Term and the Termination Assistance Period: (A) WaMu will comply with all Laws applicable to it in connection with its obligations under this Agreement; (B) WaMu will be responsible for any fines and penalties arising from any noncompliance by WaMu or WaMu Agents with any Law relating to WaMu’s use of the Services unless (1) such noncompliance was caused by Supplier or (2) such noncompliance was related to a change in such Law and Supplier failed to notify WaMu in a timely manner of such change in accordance with subsection (C) of Section 19.2 (By Supplier); (C) WaMu will ensure that no viruses or similar items are coded or introduced into the Supplier Systems from the WaMu Systems. WaMu agrees that, in the event a virus or similar item is found to have been introduced into the Supplier Systems from the WaMu Systems, WaMu will assist Supplier in reducing the effects of the virus or similar item and, if the virus or similar item causes a loss of operational efficiency or loss of data or creates a security risk, to assist Supplier to the same extent to mitigate and restore such losses and mitigate such risk; and (D) except as otherwise provided in this Agreement, WaMu will obtain all applicable permits and licenses, including the WaMu Governmental Approvals and the WaMu Consents, required of WaMu in connection with its obligations under this Agreement.

Related to By WaMu

  • Logging The ISP will require the maintenance of network and application logs as part of BNY Mellon’s security information and event management processes. Logs are retained in accordance with law applicable to BNY Mellon’s provision of the services as well as BNY Mellon’s applicable policies. BNY Mellon uses various tools in conjunction with such logs, which may include behavioral analytics, security monitoring case management, network traffic monitoring and analysis, IP address management and full packet capture.

  • Protocols Each party hereby agrees that the inclusion of additional protocols may be required to make this Agreement specific. All such protocols shall be negotiated, determined and agreed upon by both parties hereto.

  • System Logging The system must maintain an automated audit trail which can 20 identify the user or system process which initiates a request for PHI COUNTY discloses to 21 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY, 22 or which alters such PHI. The audit trail must be date and time stamped, must log both successful and 23 failed accesses, must be read only, and must be restricted to authorized users. If such PHI is stored in a 24 database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 25 years after occurrence.

  • Apprenticeship Requirements The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.

  • DRUG-FREE WORKPLACE REQUIREMENTS Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

  • Disturbance Analysis Data Exchange The Parties will cooperate with one another and the NYISO in the analysis of disturbances to either the Large Generating Facility or the New York State Transmission System by gathering and providing access to any information relating to any disturbance, including information from disturbance recording equipment, protective relay targets, breaker operations and sequence of events records, and any disturbance information required by Good Utility Practice.

  • Prescription Safety Glasses Prescription safety glasses will be furnished by the employer. The employer retains the authority to establish reasonable rules and procedures regarding frequency of issue, replacement of damaged glasses, limits on reimbursement costs and coordination with the employer's vision plan.

  • CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS 1. The Contractor certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

  • Scoring The number of routes each company operates (Route # 0001-2999, 8000-8199) will be multiplied by 2 to determine the daily number of trips. (Only accidents, breakdowns and service reports related to routes falling in this range will be used for the evaluation). The daily number of trips will be multiplied by 175 to arrive at the annual number of trips. The number of accidents, breakdowns and service complaints will be divided by the total number of trips to calculate a percent figure. Each company’s percentage will be compared to the total average. See below for a sample. BUS COMPANY NUMBER OF TOTAL BKDN PERCENT ACCIDENTS PERCENT2 SERVICE PERCENT3 ROUTES TRIPS BKDN ACCIDENTS REPORTS COMPLAINTS TO TRIPS TO TRIPS TO TRIPS A 360 58680 3 0.01% 27 0.05% 46 0.08% B 48 7824 3 0.04% 4 0.05% 39 0.50% C 123 20049 11 0.05% 9 0.04% 27 0.13% D 91 14833 0.00% 10 0.07% 11 0.07% E 124 20212 20 0.10% 19 0.09% 18 0.09% TOTALS 746 121598 37 0.03% 69 0.06% 141 0.12% To score, if a company’s percentage is less than or equal to the total percentage for that category, the company will be awarded 6 points per category. Percentages greater than the total percentage for each distinct category (Accident, Breakdown, Service Complaints) will be scored according to the following scale: Less than-Equal to Ave. 6 points 0-3% above average 5 points 4-7% above average 4 points 5-8% above average 3 points 9-12% above average 2 points 13-16% 1 points Greater than 17% 0 points Any circumstance whereby a Breakdown or Accident is found by PTS to be ‘Non Reported’ by vendor within the required timeframe (see G-36) will count as (20) ‘Reported’ instances for the purpose of this Contractor Evaluation Scoring.

  • Eye Exam This plan covers one (1) routine or annual eye exam, per plan year, for a member’s visual acuity. Additional eye exams are covered during the plan year when there is an underlying medical condition, such as conjunctivitis. This plan covers vision hardware for members until the last day of the month in which they turn nineteen (19). This plan covers vision hardware purchased from a network provider up to the benefit limits shown below. See the Summary of Medical Benefits for the amount you pay.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!