General Applicability. Any WA determination made that is a matter of general applicability is not appealable. The RO will notify the producer of the ability to request a determination of appealability from NAD when general applicability applies. This notification will be provided on certain denials and most not accept RO determinations. See Exhibit 6F for a complete list of when general applicability applies.
General Applicability. The Provider agrees to comply with the federal regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to the extent those regulations apply to the services the Provider provides or purchases with funds provided under this contract.
General Applicability. This Intercreditor Agreement shall be applicable both before and after the institution of any Insolvency or Liquidation Proceeding involving any Grantor, including, without limitation, the filing or application of any petition by or against any Grantor under the Bankruptcy Code or under any other Bankruptcy Law and all converted or subsequent cases in respect thereof, and all references herein to any Grantor shall be deemed to apply to the trustee for such Grantor and such Grantor as debtor-in-possession. The relative rights of the First Lien Secured Parties and the Second Lien Secured Parties in or to any distributions from or in respect of any Collateral or proceeds of Collateral shall continue after the institution of any Insolvency or Liquidation Proceeding involving any Grantor, including, without limitation, the filing or application of any petition by or against any Grantor under the Bankruptcy Code or under any other Bankruptcy Law and all converted cases and subsequent cases, on the same basis as prior to the date of such institution, subject to any court order approving the financing of, or use of cash collateral by, any Grantor as debtor-in-possession, or any other court order affecting the rights and interests of the parties hereto not in conflict with this Intercreditor Agreement. This Intercreditor Agreement shall constitute a Subordination Agreement for the purposes of Section 510(a) of the Bankruptcy Code and shall be enforceable in any Insolvency or Liquidation Proceeding in accordance with its terms.
General Applicability. Except as limited below or otherwise as limited by law (including the rights of any party to file a complaint with FERC under the relevant provisions of the Federal Power Act (FPA)), these ADR Procedures shall apply to (a) all disputes between parties which arise under this Agreement and (b) disputes between CAISO and a Responsible Utility relating to a Responsible Utility Invoice, “Final Estimated RMR Invoice, Final Adjusted RMR Invoice” as defined in the CAISO Tariff, or RMR Charge or RMR Refund as defined in Section 11.13 in the CAISO Tariff. The foregoing shall not impair the applicability of the CAISO Tariff ADR procedures to other disputes between the parties that do not arise under this Agreement. All alternative dispute resolution proceedings hereunder shall be administered by the American Arbitration Association (“AAA”). The Owner, Responsible Utility and the CAISO shall enter into such arrangements with the AAA as are necessary to provide for AAA administration of this Schedule K.
1.1.1 This Schedule K shall not apply to disputes as to whether rates and charges under the Agreement are just and reasonable under the Federal Power Act except as provided in Schedule F. Nothing herein shall limit the right of the FERC to initiate or adjudicate complaints or other proceedings in accordance with applicable statutes or regulations or to compel FERC to exceed its statutory authority as defined by any applicable federal statutes, regulations or orders lawfully promulgated thereunder.
General Applicability. The provisions of this Article 8 govern the Parties' remedies for breach or failure of this Agreement.
General Applicability. The provisions of this Article shall govern the Parties’ remedies for breach or failure of this Agreement.
General Applicability. This Agreement shall be applicable both before and after the institution of any Insolvency Proceeding involving any Grantor, including, without limitation, the filing of any petition by or against any Grantor under the Bankruptcy Code or under any other Bankruptcy Law and all converted or subsequent cases in respect thereof, and all references herein to any Grantor shall be deemed to apply to the trustee for such Grantor and such Grantor as debtor-in-possession. The relative rights of the ABL Secured Parties and the Term Loan Secured Parties in or to any distributions from or in respect of any Collateral or Proceeds shall continue after the commencement of any Insolvency Proceeding involving any Grantor, including, without limitation, the filing of any petition by or against any Grantor under the Bankruptcy Code or under any other Bankruptcy Law and all converted cases and subsequent cases, on the same basis as prior to the date of such commencement, subject to any court order approving the financing of, or use of ABL Cash Collateral or Term Loan Cash Collateral by, any Grantor as debtor-in-possession, or any other court order affecting the rights and interests of the parties hereto not in conflict with this Agreement. This Agreement shall constitute a subordination agreement for the purposes of Section 510(a) of the Bankruptcy Code and shall be enforceable in any Insolvency Proceeding in accordance with its terms.
General Applicability. The terms, conditions, and disclosures set forth in this section apply to all Certificates of Deposit, whether they are represented by a written certificate or are book entry Certificates of Deposit (collectively, “Certificates of Deposit”), unless it is indicated that they are applicable to a specific type of Certificate of Deposit only, or where the terms and conditions are superseded by terms and conditions set forth on the Certificate, or on the receipt for a Book Entry Certificate of Deposit, or in some other written contract entered into at the time of the initial deposit.
General Applicability. 9.1.1 The Parties agree to use the following alternative dispute resolution process to resolve disputes related to this Settlement Agreement, unless otherwise specifically provided in this Settlement Agreement or precluded by statute or agency regulation.
9.1.2 Within 5 days of a Party initiating dispute resolution under this Section, if the dispute resolution proceedings are relevant to a FERC filing or currently pending FERC filing, the Party shall provide notice to FERC that dispute resolution has been initiated. Such notice will identify the portions of the FERC filing that are related to dispute but need not discuss the nature of the dispute or the Parties’ positions.
9.1.3 The Parties agree to devote such time and attention to dispute resolution as necessary and reasonable to attempt to resolve the dispute at the earliest time possible; and each Party will cooperate in good faith promptly to schedule, attend, and participate in dispute resolution. Each Party will promptly implement all final agreements reached, consistent with its applicable statutory and regulatory responsibilities.
9.1.4 The dispute resolution provisions of this Settlement shall not apply to Ecology insofar as Ecology is exercising its statutory authority to enforce the requirements of a 401 Certification, applicable water quality requirements, or other appropriate requirements of state law. However, Ecology, in its sole discretion, may choose, upon specific request, to participate in a dispute resolution process in such circumstances.
General Applicability. This Agreement governs the supply relationship between Cxxxxxxx and Supplier. This Agreement applies to all Product(s) provided by Supplier and Affiliates of Supplier, directly or indirectly, to or for Ceribell, including without limitation Product(s) provided by Supplier to third parties (e.g., Cxxxxxxx's third-party manufacturing services providers). For clarity, Ceribell has no liability for Products ordered by any third party. References to "Supplier" include Supplier's parents, subsidiaries, partnerships, joint ventures, and other Affiliates. "Affiliate" means parents, subsidiaries, partnerships, joint ventures, and any entity(ies) that on the Effective Date of this Agreement or thereafter, directly or indirectly controls or is controlled by a party, or with which a party shares common control. A party "controls" another entity when the party, through ownership of the voting stock or other ownership interest of that entity, or by contract or otherwise, has the ability to direct its management.
