Deductible or Self-Insured Retention Provisions Sample Clauses

Deductible or Self-Insured Retention Provisions. All deductibles and self-insured retentions associated with coverages required for compliance with this Agreement shall remain the sole and exclusive responsibility of the named insured Grantee (or the applicable Developer Subsidiary). Under no circumstances will the City and its members, officers, directors, employees, representatives, and agents be responsible for paying any deductible or self-insured retentions related to this Agreement.
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Deductible or Self-Insured Retention Provisions. The Project Developer shall be responsible for paying any losses, including losses and defense costs with respect to claims against the City, and its elected and appointed officials and employees, within the amount of any deductible or self-insured retention of any of the policies issued pursuant to this Exhibit "D", which payment shall be a Project Cost. The foregoing notwithstanding, the Project Developer shall not be responsible for paying any loss sustained by the City due to a delay in opening caused by a Force Majeure Event that would otherwise be covered by the delay in completion endorsement to the Builder’s Risk insurance but for the fact that such loss is sustained during the "waiting" or "deductible" period upon which such endorsement is conditioned (provided such "waiting" or "deductible" period does not exceed fourteen (14) days unless approved otherwise by the City).
Sample 1
Deductible or Self-Insured Retention Provisions. Except as authorized in this Agreement, the insurance maintained by the City shall apply on a first dollar basis without application of a self-insurance, deductible or self-insured retention. Except as authorized specifically in this Agreement, no self-insurance, deductible or self-insured retention for any required insurance provided by the Recipient pursuant to this Agreement will be allowed. If there is any self-insurance, deductible or self-insured retention for any required insurance, the Recipient shall be responsible for paying on behalf of the City (and any other person or organization the Recipient has, in this Agreement, agreed to include as an insured for the required insurance) any self-insurance, deductible, or self-insured retention allowed under this paragraph. The City will not be responsible for any self-insurance, deductibles, or self- insured retentions under this Agreement.
Sample 1
Deductible or Self-Insured Retention Provisions. The insurance maintained by the CONTRACTOR shall apply on a first dollar basis or with application of a deductible or except as authorized by Elements application of any self-insurance or self-insured retention. Except as authorized specifically in this Contract, no self-insurance or self-insured retention for any required insurance provided by CONTRACTOR pursuant to this Contract will be allowed. If there is any self-insurance, deductible or self-insured retention for any required insurance, the CONTRACTOR shall be responsible for paying on behalf of ENGINEER, PROGRAM MANAGEMENT FIRM(S) (when program management services are provided), Xxxxx County Public Schools and its members, officials, officers, employees and agents, and Elements, its members, officials, officers, employees and agents any self-insurance, deductible, or self-insured retention allowed under this paragraph. The ENGINEER, and PROGRAM MANAGEMENT FIRM(S) (when program management services are provided) School Board of Xxxxx County, Florida, Elements, and their respective members, officials, officers, employees and agents will not be responsible for any self-insurance, deductibles or self-insured retentions under this Contract. The insurance provided by the CONTRACTOR for shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by the ENGINEER, and PROGRAM MANAGEMENT FIRM(S) (when program management services are provided School Board of Xxxxx County, FL, Elements, and their respective members, officials, officers, employees and agents. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to Elements, if requested to do so by Elements, the CONTRACTOR shall, within thirty (30) days after receipt of a written request from Elements, provide Elements with a certified, complete copy of the policies of insurance providing the coverage required herein.
Sample 1

Related to Deductible or Self-Insured Retention Provisions

  • Termination Provisions In this Agreement:

  • Exceptions to Confidentiality The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party:

  • Required Confidentiality Claim Form This is a requirement of the TIPS Contract and is non-negotiable. TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form. If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.

  • Other Termination Provisions 1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice.

  • Exceptions to Confidential Information The obligations set forth in Section 13.1 (Confidential Information) shall not apply to the extent that Confidential Information includes information which is: (a) now or hereafter, through no unauthorized act or failure to act on the Receiving Party’s part, in the public domain; (b) was in the Receiving Party’s possession before receipt from the Disclosing Party and obtained from a source other than the Disclosing Party and other than through the prior relationship of the Disclosing Party and the Receiving Party before the Separation Date; (c) hereafter furnished to the Receiving Party by a third party as a matter of right and without restriction on disclosure; (d) furnished to others by the Disclosing Party without restriction on disclosure; or (e) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information to the extent the Receiving Party is legally compelled to do so by any governmental, investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction; provided, however, that prior to any such disclosure, the Receiving Party shall: (i) assert the confidential nature of the Confidential Information to the agency; (ii) immediately notify the Disclosing Party in writing of the agency’s order or request to disclose; and (iii) cooperate fully with the Disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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