Defintion. Dark Fiber is optical transmission facilities without attached multiplexing, aggregation or other electronics that connects two points within BellSouth’s network. Dark Fiber also includes strands of optical fiber existing in aerial or underground cable which may have lightwave repeater (regenerator or optical amplifier) equipment interspliced to it at appropriate distances, but which has no line terminating elements terminated to such strands to operationalize its transmission capabilities.
Defintion. Unless otherwise explicitly stated, the definitions in this Agreement shall have the same meaning as those in the Master Agreement.
Defintion. For purposes hereof, “Force Majeure” means an event or circumstance that prevents a Party from performing its obligations under this PPA, which event or circumstance (i) was not anticipated as of the date of this PPA, (ii) is not within the control of or the result of the fault or negligence of the Party claiming excuse, and (iii) which by exercise of due diligence and foresight could not reasonably have been avoided; provided, however, that Force Majeure shall not include: inability, or excess cost, to procure any equipment necessary to perform this PPA; acts or omissions of a third party (including vendors and contractors to Seller), unless such acts or omissions are themselves excused by reason of Force Majeure; failure timely to apply for, or diligently pursue, the Permits set forth on Exhibit F – Needed Permits; a restriction in any Permit that precludes or limits the generation or delivery of Contract Energy below the Planned Permitted Energy; mechanical or equipment breakdown or inability to operate, attributable to circumstances occurring within design criteria and normal operating tolerances of similar equipment; Environmental Contamination at the Site; changes in market conditions or changes of law; changes of law; or labor strikes, slowdowns, work stoppages, or other labor disruptions. By way of example only, “Force Majeure” includes any delay or failure by the Transmission Authority to perform its obligations under the Interconnection Agreement.
Defintion. In this Agreement, the following terms shall have the following meanings:
Defintion. A protocol is an agreement between participants, in an information-sharing partnership to govern the sharing of information, satisfy the requirements of law and guidance, regulate working practices and provide operational guidelines in both the disclosing and receiving organisations. Compliance with this Protocol is mandatory and could lead to disciplinary procedures if breached, for all employees of the organisations involved in the use of this Protocol. This protocol is intended to ensure information is shared legitimately and appropriately between all the services mentioned in this ISP. Local operating guidance will be developed and implemented relating to specific circumstances – i.e. Missing persons.
Defintion. A grievance is defined as a dispute as to the interpretation, meaning or application of a specific provision of this Agreement. A grievance may be filed by a Nurse individually, by the Association on behalf of a Nurse individually, by the Association on behalf of the Nurses as a unit, or by the Hospital. The written grievance must state the issue(s) in dispute, the relevant facts concerning the circumstances of the dispute and the requested remedy. Both the Hospital and the Association acknowledge the goal of resolving disputes quickly and on the lowest level involving the fewest individuals. If either party fails to comply with time limits set forth herein, the grievance will be considered resolved in favor of the party that was in compliance with the provisions of this Article. The time limits referred to in this Article may be extended by mutual agreement of the parties and shall be confirmed in writing as soon as practicable. In the event one party requests a grievance be submitted for mediation in accordance with Step 3 of this Article, the other party must mutually agree to the mediation process.
