Exclusions and Reservations A. Nothing in this Article will be construed as authorizing the Airline to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement.
B. The Airline will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport.
C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time.
D. The Airline will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph.
E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline.
F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority.
G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.
Exclusions and Limitations 2.1 Disclaimer
a) To the extent permitted by law, the warranties in this Limited Warranty are the only express warranty given for the Product. BYD disclaims all statutory and implied warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, in so far as such warranties cannot be disclaimed, BYD limits the duration and remedies of such warranties to the duration of this Limited Warranty and, at BYD's option, the repair or replacement services described below.
b) Neither seller of the Product nor any other person is authorized to make any warranties on behalf of BYD other than those contained in this document or to extend the duration of the warranties beyond the periods specified above.
General Overview 2.1.1 If RECONEX requires maintenance for its local service customers, RECONEX will initiate a request for repair (sometimes referred to as a "trouble report") by calling GTE's Customer Care Repair Center. During this call, GTE service representatives will verify that the end-user is a RECONEX customer and will then obtain the necessary information from RECONEX to process the trouble report. While the RECONEX representatives are still on the line, GTE personnel will perform an initial analysis of the problem and remote line testing for resale services. If engineered services are involved, the call will be made to the GTE SSCC for handling. If no engineering is required and the line testing reveals that the trouble can be repaired remotely, GTE personnel will correct the problem and close the trouble report while RECONEX representatives are still on the line. If on-line resolution is not possible, GTE personnel will provide RECONEX representatives a commitment time for repair, and the GTE personnel then will enter the trouble ticket into the GTE service dispatch queue. RECONEX's repair service commitment times will be within the same intervals as GTE provides to its own end users. Maintenance and repair of GTE facilities is the responsibility of GTE and will be performed at no incremental charge to RECONEX. If, as a result of a RECONEX-initiated trouble report, trouble is found to be the responsibility of RECONEX (e.g., non- network cause) GTE will charge RECONEX for trouble isolation. RECONEX will have the ability to report trouble for its end users to appropriate trouble reporting centers 24 hours a day, 7 days a week. RECONEX will be assigned a customer contact center when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be processed in essentially the same manner as those by the GTE Customer Care Center. GTE personnel will analyze the problem, provide the RECONEX representative with a commitment time while they are still on the line, and then place the trouble ticket in the dispatch queue.
2.1.3 GTE then will process all RECONEX trouble reports in the dispatch queue along with GTE trouble reports in the order they were filed (first in, first out), with priority given to out-of-service conditions. If, at any time, GTE would determine that a commitment time given to RECONEX becomes in jeopardy, GTE service representatives will contact RECONEX by telephone to advise of the jeopardy condition and provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted electronically to GTE CZT service technicians who will repair the service problems and clear the trouble reports. For cleared RECONEX trouble reports, GTE service technicians will make a telephone call to RECONEX directly to clear the trouble ticket. GTE service technicians will make the confirmation call to the telephone number provided by RECONEX. If RECONEX is unable to process the call or places the GTE technician on hold, the call will be terminated. To avoid disconnect, RECONEX may develop an answering system, such as voice mail, to handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation support systems functions which provide the capability to initiate, status and close a repair trouble ticket. GTE will not provide to RECONEX real time testing capability on RECONEX end user services. GTE will not provide to RECONEX an interface for network surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for RECONEX local service customers using GTE's existing repair system in parity with repair requests by GTE end users. GTE will respond to service requests for RECONEX using the same time parameters and procedures that GTE uses. RECONEX then would call GTE's Customer Care Center or SSCC while the customers were on hold.
General Operations Tenant covenants and agrees to furnish to Landlord, within thirty (30) days after receipt or modification thereof, copies of:
(a) all licenses authorizing Tenant or any Manager to operate any Facility for its Primary Intended Use;
(b) all Medicare and Medicaid certifications, together with provider agreements and all material correspondence relating thereto with respect to any Facility (excluding, however, correspondence which may be subject to any attorney client privilege);
(c) if required under Applicable Law with respect to any Facility, a license for each individual employed as administrator with respect to such Facility;
(d) all reports of surveys, statements of deficiencies, plans of correction, and all material correspondence relating thereto, including, without limitation, all reports and material correspondence concerning compliance with or enforcement of licensure, Medicare/Medicaid, and accreditation requirements, including physical environment and Life Safety Code survey reports (excluding, however, correspondence which may be subject to any attorney client privilege); and
(e) with reasonable promptness, such other confirmation as to the licensure and Medicare and Medicaid participation of Tenant as Landlord may reasonably request from time to time.
Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from:
A) war, insurrection, rebellion, or service in the armed forces of any country;
B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.
