Indemnification for Suits or Claims for Intellectual Property Infringement The Contractor shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights, trademarks or copyrights arising out of any patented, trademarked, or copyrighted materials, methods, or systems used by the Contractor.
Grounds for refusal Under Clause 1 of Article 1377 of the Civil Code of the Russian Federation the application for grant of a patent for an industrial design shall be related to one industrial design or to a group of industrial designs associated with each other so closely as to form a single creative concept (the requirement of unity of the industrial design). This requirement is met where there is: one independent and distinct industrial design; or one industrial design and its variants differing from that industrial design by visually non-essential features and/or by color combination; or a group of industrial designs belonging to the same set of articles, as well as one or more industrial designs for separate articles belonging to the same set of articles. It is required that all industrial designs of the group shall belong to the same class of International Classification for Industrial Designs (Locarno classification). Under Clause 1 of Article 1352 of the Civil Code of the Russian Federation the essential features of an industrial design shall include features determining the aesthetic characteristics of the external appearance of the article, in particular, the shape, configuration, ornamentation, combination of colors, lines, contours of the article, texture or material of the article. The essential features of the external appearance are recognized as essential if they determine the aesthetic characteristics of the external appearance of an article, being dominant and determine the overall visual impression. The non-essential features of the external appearance include such slightly distinguishable and inexpressive features of the external appearance of an article, the exclusion of which from the set of the features of the external appearance does not lead to a change the overall visual impression (clause 72 of the Rules for the drafting, filing and examination of the documents, that are the basis for legally significant actions on the state registration of an industrial design). The claimed group of industrial designs includes: the industrial design 1: fig. 1.1-1.7; the industrial design 2: fig. 2.1-2.7. The claimed group of industrial designs does not meet the requirement of unity of the industrial design. Only one of the claimed industrial designs of this application can be considered.
Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.
CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Complaints by Bidders and Handling of Complaints (ix) The Recipient shall implement an effective and independent protest mechanism allowing bidders to protest and to have their protests handled in a timely manner. Fraud and Corruption
Facilities for Grievances The Employer shall supply the necessary facilities for the grievance meetings.
Settling of Grievances An xxxxxxx effort shall be made to settle grievances fairly and promptly in the following manner:
Reprimands 36.01 When an employee in the bargaining unit is subjected to a disciplinary interview (where the Co-operative intends to discipline the employee, such as to be given a written reprimand, suspension or discharge), said employee shall have a Shop Xxxxxxx present, or, in the absence of a Shop Xxxxxxx, an employee from their store in the bargaining unit, of the employee’s own choice, from the commencement of the interview.
Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the Agency has the right to issue unilateral addendums to this contract, but the Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:
Sole Source as Grounds for Rejection of a Change Order If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.
