Open Issues (a) Notwithstanding any provision of the Registry Agreement to the contrary (including Sections 7.6 and 7.7 thereof), Registry Operator agrees that the following requirements, procedures and provisions of the Registry Agreement (including the documents incorporated by reference therein) may be modified and amended by ICANN after the date hereof, without the consent of Registry Operator:
i. Specification 6 – Registry Interoperability and Continuity Specifications;
ii. Trademark Clearinghouse Requirements (§ 1 of Specification 7 of the Registry Agreement);
iii. Trademark Post-‐Delegation Dispute Resolution Procedure (§ 2.a of Specification 7 of the Registry Agreement);
Authorized and Issued Capital The authorized capital of the Purchaser consists of an unlimited number of common shares and an unlimited number of preferred shares, of which (i) at the date of this Agreement, 24,610,042 common shares (and no more) have been duly issued and are outstanding as fully paid and non-assessable and no preferred shares are outstanding, and (ii) at the Closing Time, 24,610,042 common shares (and no more) shall have been duly issued and shall be outstanding as fully paid and non-assessable.
Year 2000 Issues Each of the Borrower and its Subsidiaries has made a full and complete assessment of the Year 2000 Issues and has a realistic and achievable program for remediating the Year 2000 Issues on a timely basis. Based on such assessment and program, the Borrower does not reasonably anticipate that Year 2000 Issues will have a Material Adverse Effect.
Issue Date Comment Author FINAL 13/10/2020 Agreed OLA with the Component Provider Xxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xx Xxxxx v0.2 03/01/2022 Updated the host of the Component Provider and Section 7. Xxxxxxxx Xx Xxxxx v0.3 03/02/2022 Increased resources to run Spark on top of the cluster: 36 vCPU cores and 32GB of RAM Xxxxxxxx Xx Xxxxx v0.4 16/05/2022 Increased amount of allocated vCPU by 30% (from 104 to 136 vCPUs) Xxxxxxxxx Xxxx-Xxxxxx The EGI glossary of terms is available at: xxxxx://xxxx.xxx.xx/wiki/Glossary For the purpose of this Agreement, the following terms and definitions apply. The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT", "SHOULD", "SHOULD NOT", "RECOMMENDED", “MAY", and "OPTIONAL" in this document are to be interpreted as described in RFC 2119. The Services 4 Service hours and exceptions 6 Support 7 Incident handling 7 Service requests 7 Service level targets 8 Limitations and constraints 8 Communication, reporting and escalation 9 General communication 9 Regular reporting 9 Violations 10 Escalation and complaints 10 Information security and data protection 10 Responsibilities 11 Of the Component Provider 11 Of the EGI Foundation 12 Of the Customer 12 Finance and Administration 12 Service Offers 12 Invoicing and Payment Schedule 12 Review, extensions and termination 13 The present Operational Level Agreement (“the Agreement”) is made between EGI Foundation (the Service Provider) and Department of Physics of Bari University X. Xxxx (owner with INFN of the ReCaS-Bari data centre) (the Component Provider) to define the provision and support of the provided services as described hereafter. Representatives and contact information are defined in Section 6. PolicyCLOUD1 aims to harness the potential of digitisation, big data and cloud technologies to improve the modelling, creation and implementation of policy. In three years (2020-2023) the project will address challenges faced by many businesses and public administrations of improving how they make policy decisions by accessing and using data. The Customer is a consortium represented by ATOS. This Agreement is valid from 01/08/2020 to 31/12/2022. The Agreement was discussed and approved by the EGI Foundation and the Component Provider on The Agreement extends the Resource Center OLA2 with the following information: Possible allocation types: ● Pledged - Resources are exclusively reserved to the Community and the job will be executed immediately after submission. ● Opportunistic - Resources are not exclusively allocated, but subject to local availability. ● Time allocation - Resources are available in fair share-like mode for a fixed time period. Possible payment mode offer: ● Sponsored - Model where the customer uses services that are funded, or co-funded by the European Commission or government grants. ● Pay-for-use - Model where a customer directly pays for the service used. The Services are defined by the properties summarised in the following table described in the below links: ● Cloud Compute: xxxxx://xxx.xxx.xx/services/cloud-compute/ 1 xxxxx://xxxxxxxxxxx.xx/ 2 xxxxx://xxxxxxxxx.xxx.xx/document/31 ● Online Storage: xxxxx://xxx.xxx.xx/services/online-storage/ Resource Centre: INFN-CLOUD-BARI Category: Cloud Compute Number of virtual CPU cores: 136 Memory per core (GB): 336 Local disk (GB): 40 Public IP addresses: Yes. Access to the VPN is also provided. Allocation type: Pledged Other technical requirements: The INDIGO-DataCloud PaaS orchestrator3 will be available on the same resources, without an additional cost. Payment mode offer: Pay-for-use4 Duration: 01/08/2020 - 31/12/2022 Resource Centre INFN-CLOUD-BARI Category Online Storage Guaranteed storage capacity [TB]: 2TB Opportunistic storage capacity [TB]: N/A Standard interfaces supported: POSIX/Object Storage Storage technology: N/A Other technical requirements: Additional 50-100GB of OpenStack Swift Storage will be made available, without an additional cost. 3 xxxxx://xxxxxx-xxxx.xxxxx.xx.xxxx.xx/ 4 See service offer for specifications (e.g. pricing, administration) Duration: 01/08/2020 - 31/12/2022 Payment ode offer: Pay-for-use Allocation type: Pledged Supported VOs: xx.xxxxxxxxxxx.xx VO ID card: xxxxx://xxxxxxxxxx-xxxxxx.xxx.xx/vo/view/voname/xx.xxxxxxxxxxx.xx VO-wide list: xxxxx://xxxxx.xxx.xx/store/vo/xx.xxxxxxxxxxx.xx Provider AUP link xxxxx://xxxxxxxxx.xxx.xx/document/2623 Service Offer/Cost [€] Compute 34,000€ Storage Free (included in the compute costs) Technical support 5,000€ Total 39,000€5 The Services are supported by additional services: ● Accounting6 ● Service Monitoring7 (EGI operational Virtual Organization only). Note: Please note that the following services are not provided by EGI Foundation: ● Monitoring of xx.xxxxxxxxxxx.xx. ● Monitoring of services provided by the Customer on agreed resources. IT services according to the service catalogue are in general delivered during 24 hours per day, 7 days per week (i.e. 365 days or 8,760 hours), to seamlessly support business operations. Planned and announced interruptions may reduce the effective operating time of a service.
Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.
Preference Issues If any Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to disgorge, turn over or otherwise pay any amount to the estate of the Company or any other Grantor (or any trustee, receiver or similar Person therefor), because the payment of such amount was declared to be fraudulent or preferential in any respect or for any other reason, any amount (a “Recovery”), whether received as proceeds of security, enforcement of any right of setoff or otherwise, then the Senior Obligations shall be reinstated to the extent of such Recovery and deemed to be outstanding as if such payment had not occurred and the Senior Secured Parties shall be entitled to the benefits of this Agreement until a Discharge of Senior Obligations with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto. Each Second Priority Representative, for itself and on behalf of each Second Priority Debt Party under its Second Priority Debt Facility, hereby agrees that none of them shall be entitled to benefit from any avoidance action affecting or otherwise relating to any distribution or allocation made in accordance with this Agreement, whether by preference or otherwise, it being understood and agreed that the benefit of such avoidance action otherwise allocable to them shall instead be allocated and turned over for application in accordance with the priorities set forth in this Agreement.
Questions About Review The Asset Representations Reviewer will make appropriate personnel available to respond in writing to written questions or requests for clarification of any Review Report from the Indenture Trustee or the Servicer until the earlier of (i) the payment in full of the Notes and (ii) one year after the delivery of the Review Report. The Asset Representations Reviewer will not be obligated to respond to questions or requests for clarification from a Noteholder or any other Person and will direct such Persons to submit written questions or requests to the Indenture Trustee.
Deadlock Unless otherwise expressly set forth herein, in the event the Members are unable to reach agreement on or make a decision with respect to any matter on which the Members are entitled to vote, the matter shall be subject to the Internal Dispute Resolution Procedure described in Article 13 hereof.
Tax Issues The parties agree that the payments and benefits provided under this Agreement, and all other contracts, arrangements or programs that apply to him/her, shall be subject to Section 16 of the Employment Agreement.
Informal Stage If a Teacher is unable to resolve a complaint informally, the Teacher may with the concurrence of the Bargaining Unit Executive initiate a complaint with his/her supervisor who shall answer the complaint in writing (if requested) within ten (10) days of receipt of the complaint. The problem must be brought to the attention of the supervisor within fifteen (15) days after the Teacher becomes aware, or would reasonably be expected to have become aware, of the circumstances giving rise to the complaint.
