General Provisions 18. Section 1 – Traffic and Roadways 18 Section 1.1 – Maintenance of Local Traffic 18 Section 1.2 – Permits and Notification of Authorities 18 Section 1.3 – Safety Requirements 18 Section 2 – Access, Use, and Restoration of Premises 19 Section 2.1 – Use of Public Property 19 Section 2.2 – Use of Private Property 19 Section 2.3 – Protection of Trees 19 Section 3 – Other Utilities 20 Section 3.1 – Access to Municipal Water Supplies 20 Section 3.2 – Notification of Excavation to Utility Agencies 20 Section 4 – Requirements for Restoration, Construction, and Excavation 20 Section 4.1 – Remediation of Excavated Trenches and Drainage Ditches 21 Section 4.2 – Restoration of Paved Areas 21 Section 4.3 – Restoration of Unpaved Areas 21 Section 5 – Requests to MSD for Supplemental Information 22 PART IV. PAYMENT FOR WORK 23 Section 1 – Measurement and Payment 23 Section 1.1 – Payment for CCTV Inspections 23 Section 1.2 – Payment for Sewer Maintenance 23 Section 1.3 – Payment for Survey Work 23 Section 1.4 – Incidental Costs 23 Section 2 – Invoicing 24 Section 3 – Performance and Payment Bond 24
General Provisions 18. 1. All of the clauses in this Agreement are to be construed individually and should any one of these clauses or parts thereof become invalid or unenforceable or be otherwise severed from this Agreement, the remaining clauses shall remain valid and enforceable and such clauses will be determinative of the liability of you, the Provider and its Associates (except to the extent any statute may provide otherwise) relating to your participation in the Activity. 18.2. These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland. 18.3. The Provider may provide any notice required under these Terms or vary the Terms in its sole discretion without notice by publishing the notice on the Website (“Notice”). 18.4. The Provider may amend or vary these Terms at its sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your engagement in the Activity after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms which may be published on the Website.
General Provisions 18. 1 Assignment This Agreement is binding upon and will inure to the benefit of the Parties and their respective permitted assignees or successors in interest, including those that may succeed by assignment, transfer or otherwise to the ownership of the assets necessary to the conduct of the business to which this Agreement relates. This Agreement is personal to the Parties, which means that it may not be assigned or otherwise transferred by either Party, without the prior written consent of the other Party (not to be unreasonably withheld or delayed), except that: (a) Kiora may assign or otherwise transfer this Agreement to an Affiliate or in connection with a Change of Control, without the prior written consent of TOI; provided that Kiora shall provide TOI with written notice of such assignment promptly prior to the effective date of such assignment; and (b) TOI may assign or otherwise transfer the benefit of this Agreement to an Affiliate or in connection with a Change of Control, without the prior written consent of Kiora; provided that TOI shall provide Kiora with written notice of such assignment promptly prior to the effective date of such assignment. 18.2 Audits (a) Kiora [***]shall have a right to request an audit (“Audit”) of TOI, its Affiliates or Sublicensees (the “Audited Party”) during the Term and for a period covering not more than the preceding [***] ([***]) years, to confirm the accuracy of Sales Reports issued by TOI to Kiora and the amounts paid/payable hereunder. [***]Kiora [***]shall only have the right to request such Audit one time every Calendar Year. Upon the written request by Xxxxx [***]to TOI to conduct an Audit, Kiora [***]) shall have the right to engage an independent, accounting firm reasonably acceptable to TOI (“Accountants”) to perform such review on site exclusively of the relevant books of accounts and other records of the Audited Parties as is reasonably necessary to enable the Accountants to calculate or otherwise confirm the accuracy of relevant Net Sales Report for such Calendar Year(s) (or parts thereof) and the amounts paid/payable hereunder as requested by Xxxxx [***] . Such Accountants shall: (i) be given access to, and shall be permitted to examine and copy such books of accounts and records of the Audited Party upon [***]Business Days’ prior written notice to the Audited Party, and during normal business hours; (ii) prior to any such examination taking place, enter into a confidentiality agreement with the Audit...
General Provisions 18. Section 6.1 Pledge Against Discrimination and Coercion for Union Activity and Inactivity . 18 Section 6.2 Seniority 18 Section 6.3 Rules 19 Section 6.4 Replacement of Personal Property 19 Section 6.5 Layoff 19 Section 6.6 Recall 20
General Provisions 18
