Field Orders The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
Forecasts and Orders 2.2.1 On the Effective Date of this Agreement, PURCHASER shall give SELLER written notice of the quantity of Martek Product which PURCHASER estimates in good faith that it will order or direct the Designee(s) to order from SELLER during the remainder of the current calendar year (the “Initial Annual Forecast”). Not later than November 30 of each calendar year during the Term of this Agreement, PURCHASER shall give SELLER written notice of the quantity of Martek Product which PURCHASER estimates in good faith that it will order or direct the Designee(s) to order from SELLER during the next subsequent calendar year (each, an “Annual Forecast”). The Annual Forecast shall be used to establish the per unit and per kilogram pricing for the Martek Products purchased during the relevant calendar year in accordance with Section 2.3.1 and Exhibit A attached hereto; provided that, for the remainder of calendar year 2006, the per kilogram pricing to be used, subject to the year-end adjustment pursuant to Section 2.3.1, shall be * per kilogram, notwithstanding the Initial Annual Forecast. In addition to the foregoing, one (1) month before the commencement of each calendar quarter during the Term of this Agreement, PURCHASER shall provide SELLER with a forecast (a “Rolling Forecast”) of PURCHASER’s requirements for the Martek Product for each of the succeeding four (4) quarters, specifying quantities and requested delivery dates. These forecasts will be PURCHASER’s good-faith, best estimate of requirements and should not be considered a firm commitment.
2.2.2 PURCHASER expressly acknowledges that available supplies of the Martek Product have been in the past, and, may from time to time in the future, be insufficient to meet current demand. Nevertheless, SELLER shall use commercially reasonable efforts to have available for shipment to PURCHASER or to a Designee for PURCHASER’s account such quantities of the Martek Product as PURCHASER forecasts in good faith pursuant to Section 2.2.1 above and any additional quantities which PURCHASER may reasonably request. In case for any reason SELLER cannot or does not supply such quantities of the Martek Products as are forecasted in good faith by PURCHASER pursuant to Section 2.2.1 to PURCHASER, PURCHASER shall be allowed to use an alternative supplier for quantities of Omega-3 and Omega-6 long-chain polyunsaturated fatty acids equal to those quantities of Martek Products that were ordered by PURCHASER pursuant to a Purchase Order and not delivered by SELLER.
2.2.3 PURCHASER shall issue and/or shall direct the Designee(s) to issue formal purchase orders (“Purchase Orders”) at least sixty (60) but no more than ninety (90) days in advance of the date on which PURCHASER or the Designee requests that SELLER ship the Martek Product. SELLER shall accept or reject any such Purchase Order within five (5) business days of receipt, provided that SELLER shall not reject any Purchase Order for any quantities within the most recent forecast.
2.2.4 Purchase Orders which have been accepted by SELLER shall be considered as firm and binding orders (subject to the provisions of Section 2.2.2 above) and shall only be canceled or amended by mutual written agreement of the parties. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.
Scope and Order Placement These terms may be used by Customer either for a single Order or as a framework for multiple Orders. In addition, these terms may be used on a global basis by the parties’ “Affiliates”, meaning any entity controlled by, controlling, or under common control with a party. The parties can confirm their agreement to these terms either by signature where indicated at the end or by referencing these terms on Orders. Affiliates participate under these terms by placing orders which specify product or service delivery in the same country as the HP Affiliate accepting the Order, referencing these terms, and specifying any additional terms or amendments to reflect local law or business practices.
Grievance Policy While Acacia University endeavors to maintain a congenial and responsive atmosphere for its students conducive with its educational purposes, it recognizes that from time to time, misunderstandings and disagreements may arise during the course of a student’s enrollment. In response to this situation, Acacia University has established procedures to resolve problems and ensure fair adjudication of student rights. Initially, disagreements, complaints, misunderstandings, and grievances can be resolved by the University by using informal discussion, exchanges, persuasion, and other informal procedures. It is the intent of this policy to maximize these informal procedures so long as such measures prove effective. The formal procedure provisions of this policy should be set in motion only when the informal procedures prove to be or manifestly will be ineffective. It is expected that the great majority of cases will continue to be handled in accordance with informal procedures. If a student feels that he or she has been treated unfairly or unjustly by an employee, online mentor, instructor, or professor with regard to an academic process such as grading, testing, or assignments, the student must submit a written statement of the grievance, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx), who is the final authority on all academic matters. If a student has a grievance on the basis of race, color, gender, religion, age, marital status, national origin, physical disability, veteran’s status, any other basis prohibited by applicable US federal, state, or local laws or any other matter, the student must submit a written statement, including the allegation; all relevant names and dates, a brief description of the actions forming the basis of the complaint; and copies of any available documents or materials that support the allegations, to the Office of Student Affairs (xxxxxxxxxxxxxx@xxxxxx.xxx). The student’s grievance will be assessed within 30 days. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is: 0000 X. Xxxxx, Ste. 3008 Phoenix, AZ 85007 Direct Line (000) 000-0000 Fax (000) 000-0000 Website: xxx.xxxxxx.xxx Students who are or were students of Acacia University and who believe that the school, or anyone representing the school, has acted unlawfully, have the right to file a complaint with the accrediting commission: Distance Education Accrediting Commission (DEAC) 0000 00xx Xxxxxx XX, Xxxxx 000 Washington, DC 20036 Website: xxx.xxxx.xxx DEAC has an “Online Complaint System” that enables individuals to file a complaint directly from the DEAC website. The complaint form may be found at xxx.xxxx.xxx (select “Contact Us” and select the link in the left-hand column). All complaints should be submitted using this form. For those who cannot access the Internet, written complaints will be accepted provided they include the complainant’s name and contact information and a release from the complainant(s) authorizing the Commission to forward a copy of the complaint, including identification of the complainant(s) to the institution. Where circumstances warrant, the complainant may remain anonymous to the institution, but all identifying information must be given to DEAC. Written complaints must contain the following: the basis of any allegation of noncompliance with DEAC standards and policies; all relevant names and dates and a brief description of the actions forming the basis of the complaint; copies of any available documents or materials that support the allegations; a release authorizing the Commission to forward a copy of the complaint, including identification of the complaint(s) to the institution. In cases of anonymous complaints or where the complainant requests for his/her name to be kept confidential, the Commission considers how to proceed and whether the anonymous complaint sets forth reasonable and credible information that an institution may be in violation of the Commission’s standards and whether the complainant’s identity is not necessary to investigate.
Payment of Checks, Drafts and Orders Subject to Section 9.5, the Assuming Institution agrees to pay all properly drawn checks, drafts and withdrawal orders of depositors of the Failed Bank presented for payment, whether drawn on the check or draft forms provided by the Failed Bank or by the Assuming Institution, to the extent that the Deposit balances to the credit of the respective makers or drawers assumed by the Assuming Institution under this Agreement are sufficient to permit the payment thereof, and in all other respects to discharge, in the usual course of conducting a banking business, the duties and obligations of the Failed Bank with respect to the Deposit balances due and owing to the depositors of the Failed Bank assumed by the Assuming Institution under this Agreement.
TIMELY PRICING AND ORDERS (a) AVIF or its designated agent will use its best efforts to provide LIFE COMPANY with the net asset value per Share for each Fund by 6:00 p.
Additional Federally Required Orders/Directives Both parties agree that they will comply with the following laws and directives, where applicable:
11.20.1 Executive Order 11061, as amended, which directs the Secretary of HUD to take all action which is necessary and appropriate to prevent discrimination by agencies that utilize federal funds.
11.20.2 Public Law 88-352, Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall, on the basis of race, color, national origin, or sex, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives federal financial assistance. The Agency hereby extends this requirement to the Contractor and its private contractors. Specific prohibited discriminatory actions and corrective action are described in Chapter 2, Subtitle C, Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 19901 et. seq.).
11.20.3 Public Law 90-284, Title VIII of the Civil Rights Act of 1968., popularly known as the Fair Housing Act, which provides for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex, or national origin. Pursuant to this statute, the Agency requires that the Contractor administer all programs and activities, which are related to housing and community development in such a manner as affirmatively to further fair housing.
11.20.4 The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age.
11.20.5 Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et. seq.). 11.20.6 HUD Information Bulletin 909-23 which is the following:
11.20.6.1 Notice of Assistance Regarding Patent and Copyright Infringement;
11.20.6.2 Clean Air and Water Certification; and,
Layoff Order Seasonal employees shall be seasonally laid off in inverse order of Classification Seniority (State Seniority for Units 4 and 6) within the employment condition, seniority unit and principal place of employment of the affected position(s) unless waived by mutual agreement between the employee and the Appointing Authority.
REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall immediately report in writing to the Architect and the State any error, inconsistency or omission he may discover. The Contractor shall not be liable to the State or the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The
