DETAILED PROVISIONS Sample Clauses

DETAILED PROVISIONS. The detailed provisions relating to Critical Services, Key Measurements and Critical Deliverables are set forth in the Attachments to this Exhibit. CRITICAL SERVICES - CUSTOMER ACQUISITION AND CUSTOMER CARE 12-May-00 --------------------------------------------------------------------------------------------------------------------------- TOTAL SUPPLIER AT RISK - EXPRESSED IN TERM OF PERCENTAGE OF THE MONTHLY CHARGE FOR CUSTOMER ACQ. AND CUSTOMER CARE *** RESCO Pool Percentage Available For Allocation - Expressed as a % of the "At Risk" amount *** RESCO Pool Available Unallocated -- Expressed as % of the Pool not Allocated *** --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- Allocation of RESCO Pool Percentage TBD% % of -------------------------------------------------------------------------------------------- PERFORMANCE CATEGORY - SYSTEM AVAILABILITY Comm + mos** Expected Minimum Allocation* Monthly
Sample 1Sample 2
AutoNDA by SimpleDocs
DETAILED PROVISIONS. 6.1. In order to secure the Operator’s claims, the Terminal User shall submit and maintain throughout the term of validity of the Regasification Agreement a financial security in the form of a bank guarantee or insurance guarantee with a wording consistent with Attachment No. 3 (hereinafter referred to as the “bank guarantee”). The bank guarantee must be issued by a financial institution with a rating beginning with an “A” or equivalent (or lower, if accepted by the Operator), of any of the following agencies: Xxxxx’x, Standard&Poor, or Fitch. The contents and form of the guarantee must be previously accepted by the Operator. As at the date of execution of the Regasification Agreement, the Terminal User has provided the Operator with a bank guarantee valid for the first year of the term of validity of the Regasification Agreement, forming Attachment No.
Sample 1
DETAILED PROVISIONS. THIS LEASE, executed in San Ramon, California, on the dates indicated below and with a reference date as set forth in the Summary Provisions, is by and between OAK CREEK PLAZA ASSOCIATES, a California general partnership, herein called "Lessor," and the Lessee designated in the Summary Provisions, herein called "Lessee." In consideration of the prompt payment of the rents by Lessee and the exact performance of the covenants and conditions hereinafter set forth by Lessee, Lessor hereby leases to Lessee, and Lessee hires from Lessor, for the sole purposes designated in the Summary Provisions those certain premises ("Premises") situated in the City of San Ramon, California, commonly described as the street address indicated in the Summary Provisions, on the following terms and conditions, reserving and excepting to Lessor all Common Areas, defined below. Each of the terms and provisions to be performed by Lessee shall be construed to be both covenants and conditions.
Sample 1
DETAILED PROVISIONS. 6.1. In order to secure the Operator’s claims, the Terminal User shall submit and maintain throughout the term of validity of the Regasification Agreement a financial security in the form of a bank guarantee or insurance guarantee with a wording consistent with Attachment No. 3 (hereinafter referred to as the “bank guarantee”). The bank guarantee must be issued by a financial institution with a rating beginning with an “A” granted by any of the following agencies: Xxxxx’x, Standard & Poor’s or Fitch, and must be accepted by the Operator. As at the date of execution of the Regasification Agreement, the Terminal User has provided the Operator with a bank guarantee valid for the first 5 years of the term of validity of the Regasification Agreement, which guarantee forms Attachment No. 3. In order to cover the full period referred to in the first sentence, the Terminal User shall submit, 30 days before the elapse of the term of validity of the last bank guarantee, subsequent bank guarantees valid for a period of at least 3 years. 6.2. Non-performance or improper performance of the obligations set forth in clauses 6.1 and 10.3 of the Regasification Agreement shall result in the Operator’s right to collect the entire amount of the bank guarantee and retain it to secure the Operator’s possible claims arising out of the Regasification Agreement. Unless the retained amount is used to cover the Operator’s claims against the Terminal User, the Operator shall return that amount: 6.2.1. after the Terminal User has submitted a bank guarantee; 6.2.2. after the elapse of the period for which the Regasification Agreement has been executed. 6.3. The Operator shall have the right to use the bank guarantee in the event of the Terminal User’s non-performance or improper performance of its obligations arising out of the Regasification Agreement, in particular if: 6.3.1. the Regasification Agreement is terminated or expires before the elapse of the term for which it has been executed, except for the cases specified in clause 5.7 of the Agreement; 6.3.2. payment due the Operator is overdue by more than 1 month; 6.3.3. the obligations specified in clauses 6.1 or 9.3 of the Agreement have not been fulfilled, or if remedial proceedings have been initiated with respect to the Terminal User, a petition to declare the Terminal User’s bankruptcy has been filed or the Terminal User’s liquidation has commenced. In such a case, the bank or the financial institution shall be obligated to ex...
Sample 1
DETAILED PROVISIONS. 1. The contract is signed for an indefinite period of time, and is in force from November 16, 2009. 2. The Orderer, before the signing of the Contract, is obliged to transfer in cash, or as a money transfer to the account of the Contractor at the Bank Zachodni WBK, 4th Warsaw branch, IBAN no. XX00 0000 0000 0000 0000 0000 0000, BIC code XXXXXXXX, a guarantee in the amount equal to three months' remuneration, as described by the Contract. The amount of the guarantee forms security of claims of the Contractor as arising out of this Contract. 3. The Contractor may deduct from the guarantee sum, apart from rent and service fees, in case of their delayed payment by the Orderer, also the costs of repairs mentioned in § 2 p. 8. In such a case, the Orderer is obliged to supplement the guarantee sum to its full amount within 5 days from receipt of an appropriate written call to do so. 4. The guarantee sum in its nominal amount will be settled or returned to the Orderer, unless circumstances arise substantiating its use otherwise. 5. The dissolution of this Contract may take place following a three month notice period by each Party to this Contract in written form, effective on the last day of the month. 6. The Contractor has the right to dissolve the contract effective immediately without notice in case the Orderer would evade payment of remuneration for 14 days from date of issue of any invoice, and in case of grave violations of the provisions of this Contract, particularly in case of lack of payment of the guarantee sum until the deadlines described in § 4 p. 2.
Sample 1
DETAILED PROVISIONS. Authority to Sign: Each person signing this Agreement confirms they are legally authorized to do so and accepts the terms on behalf of themselves or their family members. - Amendments: Any changes to this Agreement must be made in writing and signed by all parties involved. - Waiver of Rights: Signing this agreement means waiving certain legal rights, under the terms described here.
Sample 1

Related to DETAILED PROVISIONS

  • Required Provisions (a) The Bank may terminate Executive’s employment at any time, but any termination by the Board other than termination for Cause shall not prejudice Executive’s right to compensation or other benefits under this Agreement. Executive shall have no right to receive compensation or other benefits for any period after termination for Cause. (b) If Executive is suspended from office and/or temporarily prohibited from participating in the conduct of the Bank’s affairs by a notice served under Section 8(e)(3) [12 USC §1818(e)(3)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, the Bank’s obligations under this contract shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may in its discretion (i) pay Executive all or part of the compensation withheld while its contract obligations were suspended and (ii) reinstate (in whole or in part) any of its obligations which were suspended. (c) If Executive is removed and/or permanently prohibited from participating in the conduct of the Bank’s affairs by an order issued under Section 8(e)(4) [12 USC §1818(e)(4)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the contracting parties shall not be affected. (d) If the Bank is in default as defined in Section 3(x)(1) [12 USC §1813(x)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the date of default, but this paragraph shall not affect any vested rights of the contracting parties. (e) All obligations under this Agreement shall be terminated, except to the extent determined that continuation of the contract is necessary for the continued operation of the Bank, (i) by either the Office of the Comptroller of the Currency or the Board of Governors of the Federal Reserve System (collectively, the “Regulator”) or his or her designee, at the time the FDIC enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Section 13(c) [12 USC §1823(c)] of the Federal Deposit Insurance Act; or (ii) by the Regulator or his or her designee at the time the Regulator or his or her designee approves a supervisory merger to resolve problems related to operation of the Bank or when the Bank is determined by the Regulator to be in an unsafe or unsound condition. Any rights of the parties that have already vested, however, shall not be affected by such action. (f) Notwithstanding anything herein contained to the contrary, any payments to Executive by the Bank or the Company, whether pursuant to this Agreement or otherwise, are subject to and conditioned upon their compliance with Section 18(k) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1828(k), and the regulations promulgated thereunder in 12 C.F.R. Part 359.

  • Void Provisions If any provision of this Agreement, as applied to either party or to any circumstances, shall be found by a court of competent jurisdiction to be unenforceable but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement.

  • Other Definitions and Provisions With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document: (a) the definitions of terms herein shall apply equally to the singular and plural forms of the terms defined, (b) whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms, (c) the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”, (d) the word “will” shall be construed to have the same meaning and effect as the word “shall”, (e) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (f) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (g) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, (h) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights, (i) the term “documents” includes any and all instruments, documents, agreements, certificates, notices, reports, financial statements and other writings, however evidenced, whether in physical or electronic form, (j) in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including;” the words “to” and “until” each mean “to but excluding;” and the word “through” means “to and including” and (k) Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect the interpretation of this Agreement or any other Loan Document.

  • FULLY BARGAINED PROVISIONS This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

  • Dividend Provisions a. The holders of shares of Series A Preferred Stock and Series B Preferred Stock shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend (payable other than in Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares of Common Stock of this corporation) on the Common Stock of this corporation, at the rate of $0.10 per share of Series A Preferred Stock per annum and $0.22 per share of Series B Preferred Stock per annum (subject to appropriate adjustments for stock splits, stock dividends, combinations or other recapitalizations) payable when, as and if declared by the Board of Directors. Such dividends shall not be cumulative. No cash dividend shall be declared or paid with respect to the Series A Preferred Stock or Series B Preferred Stock unless at the same time a like proportionate cash dividend for the same dividend period, ratably in proportion to the respective annual dividend rates set forth above, is declared and paid with respect to the Series A Preferred Stock and the Series B Preferred Stock. b. In the event this corporation shall declare a distribution payable in securities of other persons, evidences of indebtedness issued by this corporation or other persons, assets (excluding cash dividends) or options or rights to purchase any such securities or evidences of indebtedness, then, in each case the holders of Series A Preferred Stock and Series B Preferred Stock shall be entitled to a proportionate share of any such distribution as though the holders of the Series A Preferred Stock and Series B Preferred Stock were the holders of the number of shares of Common Stock of this corporation into which their respective shares of Series A Preferred Stock and Series B Preferred Stock are convertible as of the record date fixed for the determination of the holders of Common Stock of this corporation entitled to receive such distribution.

  • Invalid Provisions If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future Law, and if the rights or obligations of any party hereto under this Agreement will not be materially and adversely affected thereby, (a) such provision will be fully severable, (b) this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, (c) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.

  • SAFETY PROVISIONS It is the essence of this Order that all Services to be performed by Seller shall be done in a safe and good workmanlike manner, free of any accidents. Accordingly, Seller shall promulgate, maintain, and enforce appropriate safety and health rules and procedures (including training) with respect to its personnel and the Work to be performed hereunder, which rules and procedures at a minimum shall be the equivalent of or exceed applicable Buyer safety and health rules. All Services performed hereunder shall fully comply with all lawful governmental safety and health requirements, including the rules and standards established by the Occupational Safety and Health Act of 1970 ("OSHA"), as amended, and any other applicable federal, state and/or local safety or health laws, rules or regulations. Any equipment provided by Buyer to Seller for the benefit of Seller's employees or those of its subcontractors shall be at the sole risk and liability of Seller to make sure that such equipment is fit for the use intended and is in proper working order. XXXXXX AGREES TO INDEMNIFY (INCLUDING ATTORNEYS' FEES) DEFEND, AND TO SAVE HARMLESS BUYER FROM ANY AND ALL CLAIMS OF SELLER, SELLER’S SUBCONTRACTORS, AND THEIR EMPLOYEES ARISING OUT OF THE USE OF ANY EQUIPMENT FURNISHED BY BUYER OR ADVICE GIVEN BY BUYER RELATING TO SUCH EQUIPMENT, TO THE FULLEST EXTENT ALLOWED BY LAW, IT BEING UNDERSTOOD THAT BUYER SHALL NOT BE LIABLE UNDER LAW, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. Seller shall maintain a drug and alcohol-free workforce at all times while on Xxxxx's premises/location. Upon Xxxxx's request, Seller shall provide Buyer with a copy of all accident reports prepared by or submitted to Seller, including all OSHA illness and injury reports.

  • FACTS AND PROVISIONS/LEGAL REQUIREMENTS The term of the Agreement shall be from September 1, 2015, through May 31, 2018. The County may terminate its participation in the Agreement by providing 90 days advance written notice to the other participating agencies. The Department will provide its personnel assigned to OPSG Grant Program with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Grant Program activities. The County agrees to defend and indemnify the County of San Diego for any claim, action, or proceeding against the County of San Diego arising solely out of the acts or omissions of the County in the performance of the Agreement. Each party to the Agreement agrees to defend itself from any claim, action, or proceeding arising out of concurrent acts or omissions of the parties. In such a case, each party agrees to retain its own legal counsel, bear its own defense costs, and waive its right to seek reimbursement of such costs except where a court finds and allocates comparative fault. Board approval is required for this Agreement, as the funding amount exceeds the authority previously delegated by the Board to the Sheriff on May 15, 2015. County Counsel has approved the attached Agreement as to form. The Honorable Board of Supervisors 5/17/2016

  • Remaining Provisions Except as expressly modified by this Amendment, the Employment Agreement shall remain in full force and effect. This Amendment embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, oral or written, relative thereto.

  • Standard Provisions Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Xxxxxx, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Xxxxxx. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:

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