Non-Jurisdictional Entities LIPA and NYPA do not waive their exemptions, pursuant to Section 201(f) of the FPA, from Commission jurisdiction with respect to the Commission’s exercise of the FPA’s general ratemaking authority.
WORK JURISDICTION Par.
1. It is agreed by the parties to this Agreement that all work specified in Article IV shall be performed exclusively by Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company.
(a) The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a fork lift or truck mounted swing boom may be used by the Elevator Constructors. A ▇▇▇▇▇▇▇, ▇▇▇▇▇ or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local's Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director.
(b) The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as ▇▇▇▇▇▇, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems.
(c) It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following:
1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned.
2. Balustrade brackets may be shipped attached but not aligned.
3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics either before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators shall be performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics.
(d) All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto.
(e) The erecting of all guide rails.
(f) The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below.
(g) The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment.
(h) The setting of all templates.
(i) All foundations, either of wood or metal, that should take the place of masonry.
(j) The assembly of all cabs complete.
(k) The installation of all indicators.
(1) The erecting of all electrical or mechanical automatic or semi-automatic gates complete.
Applicable Laws and Consent to Jurisdiction The validity, construction, interpretation and enforceability of this Agreement shall be determined and governed by the laws of the State of Delaware without giving effect to the principles of conflicts of law. For the purpose of litigating any dispute that arises under this Agreement, the parties hereby consent to exclusive jurisdiction in Virginia and agree that such litigation shall be conducted in the courts of Fairfax County, Virginia or the federal courts of the United States for the Eastern District of Virginia.
Laws and Jurisdiction The parties agree that the Contract shall be governed by and construed in accordance with the laws of The Netherlands and the competent court in Rotterdam, The Netherlands shall have exclusive jurisdiction in the first instance over all disputes arising out of or relating to the Contract. The same applies in case of two or more purchasing entities with registered seats in different countries. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Contract. These clauses apply to the extent Supplier supplies Products.
1. The Products will be delivered in accordance with the details provided in the Contract including, in case of routinely or repeatedly ordered standard Products, in accordance with the Specifications of the previous Contract. Between Supplier’s initial proposal and the moment of delivery, Supplier shall not:
(a) change the ingredients or components (including feedstock and raw materials) used to produce the Products, specifications, manufacturing process, approved plant or agreed delivery method; or
(b) implement any changes which alter any of the Products in such a way that it is not acceptable according to Purchaser’s technical clearance process even if the Products are still within the Specification, without providing advance notice to and obtaining the prior written consent of Purchaser. Such notice must be given in advance so that Purchaser has an opportunity to consider the proposed changes and evaluate potential effects prior to implementation. Supplier shall immediately notify Purchaser in writing of any Product discontinuation and/or of any change to Products repeatedly ordered from Supplier, including, but not limited to, change in Specifications, change in the composition or the production process of Products (including a change in the site of production), change in Products formulation (for example a change to a different additive type with a different CAS number), change in use of materials, technical or functions specifications, change in manuals or any other change that can reasonably be expected to have an effect on the functioning of the Products in the production environment and installed equipment base of Purchaser (discontinuation and/or change of Products as described are referred to as “Product Change”). In case of a Product Change, Supplier shall promptly provide a Product sample to the technical contact person named by Purchaser. In case of Product Change, on request of Purchaser, Supplier shall continue to supply the Product unchanged, i.e. as before the implementation of the Product Change, for a period of twelve (12) months counting from the date of the Product Change notice. In case the Product supply as provided for in the previous sentence is not possible due to operational reasons beyond Supplier’s control, Supplier agrees to offer to Purchaser the opportunity of a last order call. In the latter case, Purchaser has the right to issue a Purchase Order for unchanged Product with maximum quantity sufficient to cover Purchaser’s Product needs for twelve (12) months (to be calculated by Purchaser as a reasonable estimation and without prejudice to the right of Purchaser to issue a Purchase Order for quantity less than such maximum quantity). Supplier does not have the right to reject such last call Purchase Order.
2. The specified delivery terms shall be interpreted in accordance with the current edition of Incoterms at the time the Purchase Order is issued and by lack of specified delivery term the Products shall be delivered Delivery Duty Paid Purchaser’s location specified in the Purchase Order. Title shall pass to Purchaser on delivery or on payment of the Price, whichever is earlier. Risk shall pass to Purchaser on delivery, however, the risk is not transferred before the erection or assembly of the delivered items, if erection or assembly has been contractually agreed. If the risk of loss passes to Purchaser at the shipping point and if Supplier fails to ship in the manner or route directed by ▇▇▇▇▇▇▇▇▇, Supplier agrees to reimburse Purchaser for any direct loss, delay or damage which Purchaser suffers. Supplier shall always state the Purchase Order number and the Product description on the external packaging of the goods and on the delivery documents. In case so required by national and/or EU export regulations export classifications must be indicated by Supplier and all invoices and delivery documents must show the classification of the Products, along with all customs relevant information (HS Code, country of origin). Supplier shall provide Purchaser with all necessary documentation required to comply with customs procedures, including but not limited to proof of origin. In case Product has EU preferential origin, Supplier shall provide Purchaser with proof of EU preferential origin,
Tax Status Non Jurisdictional Entities Tax Status. Each Party shall cooperate with the other Parties to maintain the other Parties’ tax status. Nothing in this Agreement is intended to adversely affect the tax status of any Party including the status of NYISO, or the status of any Connecting Transmission Owner with respect to the issuance of bonds including, but not limited to, Local Furnishing Bonds. Notwithstanding any other provisions of this Agreement, LIPA, NYPA and Consolidated Edison Company of New York, Inc. shall not be required to comply with any provisions of this Agreement that would result in the loss of tax-exempt status of any of their Tax-Exempt Bonds or impair their ability to issue future tax-exempt obligations. For purposes of this provision, Tax-Exempt Bonds shall include the obligations of the Long Island Power Authority, NYPA and Consolidated Edison Company of New York, Inc., the interest on which is not included in gross income under the Internal Revenue Code. LIPA and NYPA do not waive their exemptions, pursuant to Section 201(f) of the FPA, from Commission jurisdiction with respect to the Commission’s exercise of the FPA’s general ratemaking authority.
