Exceptions to Requirements Sample Clauses

Exceptions to Requirements. Any proposer that desires the Commission to consider alternative terms and conditions other than those contained in the sample contract included in the RFP shall attach to the proposal a detailed list of any exceptions to the sample contract, on a point-by-point basis with the recommended change. The Commission reserves the right to accept or reject any or all exceptions at its sole discretion. The materiality of the proposed changes will be considered in the evaluation of all proposals received.
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Exceptions to Requirements. 21 Faculty members may be appointed initially at any rank in keeping with the 22 requirements of this Article, but nothing in these requirements should prevent the 23 initial appointment or the promotion of an individual of exceptional talent or 24 accomplishment who does not meet all the stated criteria. 25 Exception to these standards may also be made in emergencies or when no fully 26 qualified candidate meeting all standards is available for appointment and the 27 good of the University necessitates the filling of the specific position.
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Exceptions to Requirements. Notwithstanding Section 1.1 hereof, Buyer may purchase Products from third parties if (and only if): (i) Seller is unable to meet Buyer's specifications set forth in an Order for a Product (which specifications will be consistent with, and subject to tolerances and allowances with respect to Product specifications as permitted in accordance with, past practices as of and during the 12-month period prior to the date of this Agreement, subject to changes arising from Buyer's bona fide business requirements provided that such changes (A) do not change any term, such as price, specifically addressed in this Agreement, and (B) the increased costs from any changes shall be borne by Buyer, notwithstanding any other provision of the this Agreement, including clause (A) above, to the contrary), in which case Buyer shall not be obligated to purchase such Products in such Order for which the specifications can not be met from Seller in the future until such time as Seller is capable of producing such Products meeting such specifications; (ii) Seller is unable to meet Buyer's delivery requirements set forth in an Order (provided such delivery requirements are in accordance with past practices as of and during the 12-month period prior to the date of this Agreement, subject to changes arising from Buyer's bona fide business requirements provided that such changes (A) do not change any term, such as price, specifically addressed in this Agreement, and (B) the increased costs from any changes shall be borne by Buyer, notwithstanding any other provision of the this Agreement, including clause (A) above, to the contrary), in which case Buyer shall not be obligated to purchase the quantity of the Products specified in such Order for which the delivery requirements or requested shipping date can not be met from Seller; or (iii) Seller rejects any Orders for any other reason, in which case Buyer shall not be obligated to purchase the quantity of the Products specified in such Orders from Seller. The exceptions set forth in clauses (ii) and (iii), above, shall apply only to the specific Orders, and not to future Orders covering the same Products, unless the reason for the rejection of an Order under clause (iii) is because Seller does not manufacture or is not capable of manufacturing such Products, in which case clause (iii) will, with respect to such Products, apply to future Orders, to the extent set forth in clause (i) as if such rejection had been made pursuant to clause ...
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Exceptions to Requirements. Notwithstanding Section 1.1 hereof:
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Exceptions to Requirements. The provisions of Sections 3, 4 and 5 will not apply to any information that the Bourse can establish by documentary evidence: (i) was already known by the Bourse at the time of initial disclosure by the AP; (ii) is or becomes publicly known through no wrongful act of the Bourse or Bourse Representatives, or any other person subject to a confidentiality agreement in favour of the AP; (iii) is rightfully received from a third party without similar restriction provided that the third party did not come into possession of the Confidential Information as a result, directly or indirectly, of a breach of an obligation of confidentiality owed by any person to the AP; or (iv) can establish was independently developed by or on behalf of the Bourse without reference to the AP Confidential Information. The foregoing does not apply in the case of Personal Information.
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Exceptions to Requirements. The final terms and conditions of any Contract awarded as a result of this RFP shall be agreed upon during negotiation. However, the minimum standard terms and conditions that will be included in any awarded Contract are contained in the Terms & Conditions included in the RFP documents. This section contains the format for Respondents to note any exception to any standard provision, term, or condition specified in the RFP. Respondents should note that DIR expects each Respondent to comply with the requirements of this RFP as written, and to price its Response accordingly. DIR strongly discourages any Respondent from indicating that it does not agree or does not comply with a provision because the Respondent is unwilling to price it (for risk, liability, or any other reason). An explanation as to why the Respondent cannot comply with the provision, term, or condition and why the proposed alternative language must be included in the Response. Examples of nonresponsive explanations include: 1. Referencing negotiation of revised language in another DIR or other state agency contract; 2. Referring to an internal division’s need for the revised language without a valid reason as to why the exception is necessary; 3. Indicating the proposed language is “negotiable;” and 4. Referencing an internal Respondent terms and conditions document. Exceptions must include: 1. RFP document title (RFP, SOW, Terms & Conditions, etc.), section number, and section title; 2. Explanation as to why Respondent cannot comply with the term or condition; and DocuSign Envelope ID: F0D6065B-6035-48A0-8974-BF4D5CCBA171 DIR-CPO-TMP-448 3. Proposed alternate language (redline). If Respondent fails to note any exception within its Response, Respondent may not be allowed to request an exception throughout the procurement process. No exceptions will be considered after negotiations or Contract Award. Refer to Table 10: Exceptions. The column labeled “Location/Specific Section Reference” should be used to identify the specific RFP document and the location(s) (section number or other identifiable reference) within the RFP documents that the language addresses. The Respondent must provide, as a separate Microsoft Word document, a file entitled “ABC_Exceptions_Table.docx.” Prior to the final award of a Contract, DIR reserves the right to make changes to the Master Services Agreement. Should this occur, any Respondent selected for negotiations will be notified. If there are no exceptions, the Resp...
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Exceptions to Requirements. The provisions of this Section D.3(c) shall not apply (1) if the Acquiring Person is ECT or Newco or any entity controlled, directly or indirectly, by ECT or Newco or (2) if Newco has consummated an Initial Public Offering.
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Exceptions to Requirements. The provisions of this subsection D.3(c) shall not apply (1) if the Acquiring Person is ECT or Mariner LLC or any entity controlled, directly or indirectly, by ECT or Mariner LLC or (2) if Mariner LLC has consummated an Initial Public Offering.
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Related to Exceptions to Requirements

  • Basic Requirements To be eligible for PayPal’s Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements: • The primary address for your PayPal account must be in the United States. • The item must be a physical, tangible good that can be shipped, except for items subject to the Intangible Goods Additional Requirements. Transactions involving items that you deliver in person in connection with payment made in your physical store, may also be eligible for PayPal’s Seller Protection program so long as the buyer paid for the transaction in person by using a PayPal goods and services QR code. • You must ship the item to the shipping address on the Transaction Details page in your PayPal account for the transaction. If you originally ship the item to the recipient’s shipping address on the Transaction Details page but the item is later redirected to a different address, you will not be eligible for PayPal’s Seller Protection program. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery. • The shipping requirement does not apply to eligible transactions involving items that you deliver in person; provided, however, that you agree to provide us with alternative evidence of delivery or such additional documentation or information relating to the transaction that we may request. • You must respond to PayPal’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Center. If you do not respond to PayPal’s request for documentation and other information in the time requested, you may not be eligible for PayPal’s Seller Protection program. • If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 7 days after receipt of payment. • You provide us with valid proof of shipment or delivery. • The payment must be marked “eligible” or “partially eligible” in the case of Unauthorized Transaction claims, or “eligible” in the case of Item Not Received claims, for PayPal’s Seller Protection program on the Transaction Details page. • In the case of an Unauthorized Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after PayPal notified you of the dispute or reversal. For example, if PayPal notifies you of an Unauthorized Transaction claim on September 1, the valid proof of shipment must indicate that the item was shipped to the buyer no later than September 3 to be eligible for PayPal’s Seller Protection program. PayPal determines, in its sole discretion, whether your claim is eligible for PayPal’s Seller Protection program. PayPal will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information PayPal deems relevant and appropriate under the circumstances. To be eligible for PayPal’s Seller Protection program for a buyer’s Item Not Received claim, you must meet both the basic requirements and the additional requirements listed below: • Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for PayPal’s Seller Protection on the Transaction Details page. • You must provide proof of delivery as described below.

  • Time Requirements The Independent Contractor will not be required to follow or establish a regular or daily work schedule, but shall devote during the term of this Agreement the time, energy and skill as necessary to perform the services of this engagement and shall, periodically or at any time upon the request of the Company, submit information as to the amount of time worked and scope of work performed.

  • Check Requirements Any image of a check that I transmit to you must accurately and legibly provide all the information on the front and back of the check at the time presented to me by the drawer. Prior to capturing the original check, I will indorse the back of the original check. My endorsement will include "For Directions E- Deposit Only" in addition to my signature. The image of the check transmitted to you must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality for the check will meet the standards for image quality established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Rejection of Deposit. You are not liable for any service or late charges levied against me due to your rejection of any item. In all cases, I am responsible for any loss or overdraft plus any applicable fees to my Account due to an item being returned. Items Returned Unpaid. A written notice will be sent to me of transactions you are unable to process because of returned items. With respect to any item that I transmit to you for remote deposit that you credit to my Account, in the event such item is dishonored, I authorize you to debit the amount of such item from the Account.

  • Training Requirements Grantee shall: A. Authorize and require staff (including volunteers) to attend training, conferences, and meetings as directed by DSHS; B. Appropriately budget funds in order to meet training requirements in a timely manner, and ensure that staff and volunteers are trained as specified in the training requirements listed at xxxxx://xxx.xxxx.xxxxx.xxx/hivstd/training/ and as otherwise specified by DSHS. Grantee shall document that these training requirements are met; and C. Ensure that staff hired for HIV and syphilis testing are trained to perform blood draws within three (3) months of employment.

  • E-Verify Requirements To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractor’s failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the City.

  • Specific Requirements compensation insurance with statutory limits required by South Dakota law. Coverage B-Employer’s Liability coverage of not less than $500,000 each accident, $500,000 disease-policy limit, and $500,000 disease-each employee.

  • Requirements At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

  • Compliance with Timing Requirements of Regulations In the event the Partnership is "liquidated" within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), distributions shall be made pursuant to this Article 13 to the General Partner and Limited Partners who have positive Capital Accounts in compliance with Regulations Section 1.704-1(b)(2)(ii)(b)(2). If any Partner has a deficit balance in his or her Capital Account (after giving effect to all contributions, distributions and allocations for the taxable years, including the year during which such liquidation occurs), such Partner shall have no obligation to make any contribution to the capital of the Partnership with respect to such deficit, and such deficit shall not be considered a debt owed to the Partnership or to any other Person for any purpose whatsoever, except to the extent otherwise agreed to by such Partner and the General Partner. In the discretion of the Liquidator or the General Partner, a pro rata portion of the distributions that would otherwise be made to the General Partner and Limited Partners pursuant to this Article 13 may be: A. distributed to a trust established for the benefit of the General Partner and Limited Partners for the purposes of liquidating Partnership assets, collecting amounts owed to the Partnership, and paying any contingent or unforeseen liabilities or obligations of the Partnership or of the General Partner arising out of or in connection with the Partnership. The assets of any such trust shall be distributed to the General Partner and Limited Partners from time to time, in the reasonable discretion of the Liquidator or the General Partner, in the same proportions and the amount distributed to such trust by the Partnership would otherwise have been distributed to the General Partner and Limited Partners pursuant to this Agreement; or B. withheld to establish any reserves deemed necessary or appropriate for any contingent or unforeseen liabilities or obligations of the Partnership; and to reflect the unrealized portion of any installment obligations owed to the Partnership; provided that, such withheld amounts shall be distributed to the General Partner and Limited Partners as soon as practicable.

  • Overtime requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

  • Compliance with Requirements Any investment program furnished, and any activities performed, by the Manager or by a Sub-Adviser under this Section shall at all times conform to, and be in accordance with, any requirements imposed by: (1) the Act and any rules or regulations in force thereunder; (2) any other applicable laws, rules and regulations; (3) the Declaration of Trust and By-Laws of the Fund as amended from time to time; (4) any policies and determinations of the Board of Trustees of the Fund; and (5) the fundamental policies of the Fund, as reflected in its Registration Statement under the Act or as amended by the shareholders of the Fund.

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