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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Introduction and Statement of Policy The National Institutes of Health (NIH) has established NIH-designated data repositories (e.g., database of Genotypes and Phenotypes (dbGaP), Sequence Read Archive (SRA), NIH Established Trusted Partnerships) for securely storing and sharing controlled-access human data submitted to NIH under the NIH Genomic Data Sharing (GDS)

  • Use of State Facilities Resources and Equipment a. Meeting Space and Facilities. The Employer’s campuses and facilities may be used by the Union to hold meetings subject to the University’s policy and availability of the space. The Employer may provide private space for stewards and/or Union representatives to meet in confidence with those they represent on a space available basis. Staff representatives may reserve and utilize meeting rooms in accordance with University policy and procedure. Such requests will be subject to availability and all applicable fees.

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):

  • STATEMENT OF PHILOSOPHY The University of Minnesota and the Union are committed to recognizing and acknowledging the healthy and positive diversity that we have on the University campuses. Further, the parties recognize that all employees have the right to work in a productive environment in which there is no verbal or physical intimidation, or discrimination or harassment based on the criteria provided in Section 1, Discrimination Prohibition, and Section 2, Sexual Harassment. It is in this spirit that the parties agree to the provisions of this Article. This statement shall not be grievable nor shall either party use this Section as evidence or argument in arbitration.

  • Reproduction of Agreement Section A: REPRODUCTION OF AGREEMENT Paragraph 1: Copies of the negotiated agreement shall be printed at the expense of the Board within thirty days after the negotiated agreement is signed and presented to all teachers now employed, and hereafter employed. The Board shall furnish a copy for each building and a copy for the Association office for its use.

  • GENERAL PURPOSE OF AGREEMENT The general purpose of this agreement is, in the mutual interest of the employer and employee, to provide for the operation of the plant hereinafter mentioned under methods which will further, to the fullest extent possible, the safety and physical welfare of the employees, economy of operation, quality and quantity of output, cleanliness of plant and protection of property. It is recognized by this agreement to be the duty of the Company and the employees to co-operate fully, individually and collectively, for the advancement of said conditions.

  • Statement of Purpose The Borrower has requested, and the Lenders have agreed, to extend certain credit facilities to the Borrower on the terms and conditions of this Agreement.

  • Intent of Agreement 3.1 Execution of this Agreement is a representation that the Contractor has carefully examined the Contract Documents and the site, and represents that the Contractor shall become familiar with the nature and location of each Project, the Worksite, the specific conditions under which the Services are to be performed, and all matters which may in any way affect the Work or its performance. The Contractor further represents that, as a result of such examinations and investigations, the Contractor thoroughly understands the Contract Documents and their intent and purpose, and is familiar with all applicable codes, ordinances, laws, regulations and rules as they apply to the Work, and that the Contractor will abide by same. Claims for additional time or additional compensation as a result of the Contractor’s failure to follow the foregoing procedure and to familiarize itself with all local conditions and the Contract Documents will not be permitted.

  • LOCATION AND DESCRIPTION The subject property is a stratified shop unit bearing postal address of Xxxx Xx. X-00-X, Xxxxxx Xxxxx Xxxxxxx, Xxxxx Xxxxx Sentral 14/KU5, Klang Sentral, Xxxxx Xxxx, Xxxx 00000 Xxxxx, Xxxxxxxx Darul Ehsan. Accommodation:- Verandah, shop area, and water closet. RESERVE PRICE:- The property will be sold on an “as is where is” basis and subject to a reserve price of RM 540,000.00 (RINGGIT MALAYSIA FIVE HUNDRED AND FORTY THOUSAND ONLY) and the Conditions of Sale, herein and by way of an Assignment from the Assignee subject to the necessary confirmations / consent being obtained by the Purchaser from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies, if any is required, including all terms, conditions, stipulations and covenants which were and may be imposed by the Developer and the relevant authority. All expenses incurred in obtaining the said consent shall be borne by the Purchaser. Any arrears of quit rent, assessment, service/maintenance charges, sinking fund including the late payment interest (if any) which may be lawfully due to any relevant authority or the Developer or Proprietor or relevant third parties entitled thereto up to the date of successful sale of the subject property shall be borne out of the purchase money. The Purchaser shall bear and pay all fees and expenses including but not limited to all legal fees, stamp duty and registration fees in connection with, incidental to or pursuant to the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser and shall also bear all risks in relation to the purchase of the Property. Online bidders are further subject to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx. All intending bidders are required to deposit 10% of the fixed reserve price (“the initial deposit”) by way of bank draft or cashier’s order crossed “A/C PAYEE ONLY” made payable to OCBC BANK (MALAYSIA) BERHAD prior to the auction sale or remit the same through online banking transfer, one (1) working day before auction date and pay the difference between the initial deposit and the sum equivalent to 10% of the successful bid price either in cash or bank draft or cashier’s order crossed “A/C PAYEE ONLY” made payable to OCBC BANK (MALAYSIA) BERHAD immediately after the fall of the hammer with the undermentioned Auctioneer. The balance of the purchase price is to be settled within one hundred and twenty (120) days from the date of auction sale to OCBC BANK (MALAYSIA) BERHAD. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx on the manner of payment of the deposit. FOR FURTHER PARTICULARS, please apply to Messrs. Xxxxx & Xxxx, Solicitors for the Assignee/Bank, at No. 16-08, Xxxxx 00 Xxxxx, Xxxxxx Xxxxxxx, 000, Xxxxx Xxxxxx Xxxxx Xxxxxx, 50100 Kuala Lumpur. (Ref No: RL/OCBC-LIT(NSec)/00000-0000(1), Tel No: 00-00000000 Fax No: 00- 00000000) or the undermentioned Auctioneer: EHSAN AUCTIONEERS SDN. BHD. (Co. No. 617309-U) DATO’ HAJI XXXXX XXXXX BIN X.X. XXXX (D.I.M.P) Xxxxx X-00-0X, Xxxxx 00, Xxxxx X, Xxxxx Xxxxxx II, / XXXXX XXXXX BIN XXXXXX 00, Xxxxx Xxx Xxxx Xxxx, 50450 Kuala Lumpur (Licensed Auctioneers) Tel No.: 00-0000 0000 Fax No.: 00-0000 0000 Our Ref: XXXXX/OCBC0845/AW(5) Website: xxx.xxxxxxxxxxxxxxxx.xxx E-mail: xxxx@xxxxxxxxxxxxxxxx.xxx HP NO. : 000 0000 000 (CALL, WHATSAPP & SMS) PERISYTIHARAN JUALAN DALAM PERKARA PERJANJIAN KEMUDAHAN (PERBANKAN PERNIAGAAN/ PASARAN MASS ENTERPRISE), SURATIKATAN PENYERAHAN HAK (PIHAK PERTAMA) XXX SURAT KUASA WAKIL (PIHAK PERTAMA) KESEMUANYA BERTARIKH 07HB OGOS, 2014 DI ANTARA OCBC BANK (MALAYSIA) BERHAD (295400-W) PIHAK PEMEGANG SERAHHAK / BANK XXX MH CENTURY PROPERTY HOLDING SDN BHD (No. SYARIKAT: 1085186-P) PIHAK PENYERAHHAK/PIHAK PEMINJAM Menurut kuasa xxx xxx xxxx telah diberikan kepada Pihak Pemegang Serahhak/Bank di bawah perkara Perjanjian Kemudahan (Perbankan Perniagaan/ Pasaran Mass Enterprise), Suratikatan Penyerahan Hak (Pihak Pertama) Xxx Surat Kuasa Wakil (Pihak Pertama) Kesemuanya Bertarikh 07hb Ogos, 2014 di antara Pihak Penyerahhak/Peminjam xxx Pihak Pemegang Serahhak/Bank, xxx berkenaan dengan Perjanjian Jualbeli di antara NPO Development Sdn Bhd (“Penjual”), MH Century Property Holding Sdn Bhd (“Pembeli”) and Pin Hwa Properties Sdn Bhd (“Xxxx Punya”) bertarikh pada 05hb Jun, 2014 adalah dengan ini diisytiharkan bahawa Pihak Pemegang Serahhak dengan dibantu oleh Pelelong yang tersebut di bawah:- AKAN MENJUAL HARTANAH YANG DITERANGKAN DI BAWAH SECARA:- LELONGAN AWAM SECARA ATAS TALIAN PADA HARI SELASA, 10HB JANUARI, 2023, JAM 10.30 PAGI, XX XXXXX WEB xxx.xxxxxxxxxxxxxxxx.xxx Bakal pembida boleh mengemukakan bida untuk hartanah dalam talian melalui xxx.xxxxxxxxxxxxxxxx.xxx (Untuk pembidaan dalam talian, xxxx daftar sekurang-kurangnya satu (1) hari bekerja sebelum hari lelong untuk tujuan pendaftaran & pengesahan)

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