GENERAL COVENANTS AND PROVISIONS. Section 801. Payment of Principal and Interest 20 Section 802. Authority to Execute Indenture and Issue Bonds 20 Section 803. Performance of Covenants 20 Section 804. Instruments of Further Assurance 20 Section 805. Recordings and Filings 20 Section 806. Inspection of Project Books 21 Section 807. Enforcement of Rights Under the Lease 21
GENERAL COVENANTS AND PROVISIONS a. All items and services offered shall conform to all applicable local, county, state and federal laws, ordinances and regulations. For the duration of this Agreement, Contractor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation to perform this Agreement.
b. All supplies, equipment and Services provided by the Contractor shall include the manufacturer’s minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. Vendor shall be an authorized dealer, distributor or manufacturer for all products provided. All goods and equipment proposed shall be new unless agreed to in writing.
c. If the value of this Agreement exceeds $2,000.00, Contractor shall comply with the Xxxxxxxx “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans of "Grants from the United States”). The Act provides that each contractor or sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.
d. If the value of this Agreement exceeds $2,000.00 for construction contracts, Contractor shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”).
e. If the value of this Agreement exceeds $2,000.00 for construction contracts and/or $2,500.00 for other contracts that involve the employment of mechanics or laborers, Contractor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5).
f. By acceptance of this Agreement, Contractor hereby certifies that a drug free workplace will be maintained. This certification is a material representation of fact upon which reliance will be placed prior to award of the contract. False certification or violation of the certification shall be grounds for suspension or termination of award, or government-wide suspension or debarment (see 34 CFR Part 85, Subpart F).
g. Co...
GENERAL COVENANTS AND PROVISIONS. 1.1 The purpose of this Agreement is to create a cooperative arrangement whereby the Member Districts may provide for the efficient delivery of legally required special education and related services to eligible deaf and hard of hearing students who are residents of and enrolled in the Member Districts indicated above. It is agreed and understood that any student who has a hearing impairment which severely impairs processing linguistic information through hearing, even with recommended amplification, and which adversely affects educational performance shall be eligible for consideration for the IRDSPD, subject to the ARD committee recommendation.
1.2 The Member Districts do not intend by entering into this Agreement, or otherwise, to create a separate or additional legal entity.
1.3 The special education program will be operated in compliance with federal and state law, including the Individuals with Disabilities Education Act, 20 U.S.C. § 1401 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Amendments to the Americans with Disabilities Xxx 0000, 42 U.S.C. § 12101 et seq.; Family Educational Rights and Privacy Act ; Chapter 29 of the Texas Education Code; Texas Education Code §§ 30.081-30.087 and TEA's Financial Accountability System Resource Guide, Volume 13 §1.3; implementing regulations for all applicable statutes.
1.4 All special education terms and acronyms used in this Agreement shall have the meanings and definitions provided to such terms and acronyms as set out in Chapter III, Part 300 of the Individuals with Disabilities Education Act (IDEA), 00 XXX 000, et seq, and the Texas Administrative Code, 19 TAC Chapter 89. Such terms and acronyms shall include, but not be limited to, FAPE or Free Appropriate Public Education, IEP or Individualized Education Program, LEA or Local Education Agency, LRE or Least Restrictive Environment, SEA or State Education Agency, MOE or Maintenance of Effort, ESEA or Elementary and Secondary Education Act, and ARD or Admission, Review and Dismissal. Cluster Site is defined as the centralized program where students receive direct deaf education services, and which is determined to be the LRE for certain Deaf and Hard of hearing students.
1.5 Deaf or hard of hearing (DHH) students not enrolled in the IRDSPD who meet the eligibility requirements of hearing impaired, but whose hearing loss is not so severe as to prevent the processing of linguistic information to impede academic progress, shall ...
GENERAL COVENANTS AND PROVISIONS. Corporate Existence and Tax-Exempt Status 10 Section 5.2. Use of Property 11 Section 5.3. Indemnity 12 Section 5.4. Continuing Disclosure 12 Section 5.5. Tax Covenants 13 Section 5.6. Permitted Indebtedness 13 Section 5.7. Covenants under Master Indenture and Other Financing Documents 13
GENERAL COVENANTS AND PROVISIONS. Section 801. Payment of Principal of, Premium, if any, and Interest on the Bonds. The Issuer covenants and agrees that it will, but solely from the rents, revenues and receipts derived from the Project as described herein, promptly pay or cause to be paid the principal of, premium, if any, and interest on the Bonds as the same become due and payable at the place, on the dates and in the manner provided herein and in the Bonds according to the true intent and meaning thereof, and to this end the Issuer covenants and agrees that it will use reasonable efforts to cause the Project to be continuously leased as a revenue and income producing undertaking, and that, should there be a default under the Lease with the result that the right of possession of the Project is returned to the Issuer, the Issuer shall fully cooperate with the Trustee and with the Bondowners to protect the rights and security of the Bondowners and shall diligently proceed in good faith and use reasonable efforts to secure another tenant for the Project to the end that at all times sufficient rents, revenues and receipts will be derived by Issuer from the Project to provide for payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable. If the Issuer is unable to procure a new tenant who will enter into such a lease, the Issuer may take such good faith reasonable action as shall be in the best interests of the Bondowners which may include the sale of the Project, and if the Project is sold, after deducting all costs of the sale, any moneys derived from such sale shall be used for the purpose of paying the principal of and interest and redemption premium, if any, on the Bonds. Nothing herein shall be construed as requiring the Issuer to operate the Project as a business other than as lessor or to use any funds or revenues from any source other than funds and revenues derived from the Project.
GENERAL COVENANTS AND PROVISIONS. Section 6.1. Corporate Existence 8 Section 6.2. Maintenance and Use of Property 8 Section 6.3. Compliance With Laws and Regulations 9 Section 6.4. Payment of Taxes and Other Charges 9 Section 6.5. Licenses and Permits 9 Section 6.6. Insurance 9 Section 6.7. Indemnity 10 Section 6.8. Assignment by the Company 11 Section 6.9. Damage, Destruction and Condemnation 12 Section 6.10. Financial Statements and Other Information 12
GENERAL COVENANTS AND PROVISIONS. Section 801.
GENERAL COVENANTS AND PROVISIONS. Section 6.1 Payment of Bonds 25 Section 6.2 Covenants and Representations of NVTC 25 Section 6.3 Further Assurances 26
GENERAL COVENANTS AND PROVISIONS. 37 Section 5.01 Authority of Issuer; Validity of Indenture and Bonds..........................................37 Section 5.02 Performance of Covenants......................................................................37 Section 5.03 Payment of Principal, Premium and Interest....................................................37 Section 5.04 Revenues from Agreement.......................................................................37 Section 5.05 Priority of Lien of Indenture.................................................................37 Section 5.06 Enforcement of Duties and Obligations of the Company..........................................38 Section 5.07 Recordation of Indenture and Agreement; Filing of Security Instruments.................................................................................38 Section 5.08 Rights Under Agreement, Deeds of Trust and the Security Agreement.............................38 Section 5.09 List of Bondholders...........................................................................38 Section 5.10 Cancellation..................................................................................39 Section 5.11 Payments Due on Saturdays, Sundays and Holidays...............................................39 Section 5.12 Instrument of Further Assurance...............................................................39 Section 5.13 Undertaking to Provide Ongoing Disclosure.....................................................39
GENERAL COVENANTS AND PROVISIONS. Section 601. Authority to Issue Bonds and Execute Indenture 36 Section 602. Limited Obligations 37 Section 603. Payment of Bonds 37 Section 604. Performance of Covenants 37 Section 605. Enforcement of Rights 37 Section 606. Inspection of Books 37 Section 607. Tax Covenants 37 Section 608. Information and Opinions to be Provided to the Issuer 38 Section 609. Continuing Disclosure 38
