General Terms and Provisions. This Agreement shall be read in conjunction with, but shall constitute a separate and different agreement from, the Executive’s Second Amended and Restated Change of Control Agreement with the Company. Descriptive paragraph, subparagraph, and/or section headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same contract. The parties shall deal with each other fairly and in good faith. The term “affiliate” shall have the meaning ascribed thereto in 17 C.F.R. 240.12b-2; the concept of “beneficial ownership” shall have the meaning ascribed thereto in 17 C.F.R. 13d-3, inclusive of either or both of dispositive and voting control; and the term “Exchange Act” means the Securities Exchange Act of 1934, as amended. AS SET FORTH ABOVE, AFTER CONSULTATION WITH COUNSEL EXECUTIVE AND COMPANY, HAVE ELECTED TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND HEREBY CONSENT TO A TRIAL BY THE COURT SITTING WITHOUT A JURY WITH RESPECT TO ANY ACTION OR PROCEEDING RELATED TO OR INVOLVING THIS AGREEMENT.
General Terms and Provisions. Section 3.1.
General Terms and Provisions. A. The Student acknowledges the University may restrict the full use of spaces and amenities within the residential community including, but not limited to:
a. No visitors, including overnight guests, are permitted.
b. Access to residential spaces is restricted to residential students, University staff, and approved vendors.
c. Residents may only enter the residential building to which they are assigned unless otherwise posted (i.e., to access critical services such as mailroom, dining services within residential building, staff offices.)
d. Residents may only have one other building resident as a guest in their assigned room.
e. Access to and use of amenities/space may be restricted or limited in capacity (community space, lounges, kitchen, laundry rooms, elevators, etc.)
B. The Student acknowledges the Agreement start and end dates and the length of Agreement may be adjusted to align with the University academic calendar.
C. The Student acknowledges the building or room assignments may be changed prior to arrival or at any time during the term of the Agreement the University deems necessary.
D. The Student acknowledges Student-initiated room change requests may be restricted or limited after occupancy.
E. The Student acknowledges the Student will not be eligible for a refund of housing rental rates and fee if Residence Halls close, access is restricted during the term, or if the length of Agreement is adjusted.
F. In the event of a conflict between the above Addendum and the original Agreement, this Addendum will apply.
General Terms and Provisions. A. The Student acknowledges the University may restrict the full use of spaces and amenities within the residential community including, but not limited to:
a. No visitors, including overnight guests, are permitted.
b. Access to residential spaces is restricted to residential students, University staff, and approved vendors.
c. Residents may only enter the residential building to which they are assigned unless otherwise posted (i.e., to access critical services such as mailroom, dining services within residential building, staff offices.)
d. Residents may only have one other building resident as a guest in their assigned room.
e. Access to and use of amenities/space may be restricted or limited in capacity (community space, lounges, kitchen, laundry rooms, elevators, etc.)
B. The Student acknowledges the Agreement start and end dates and the length of Agreement may be adjusted to align with the University academic calendar.
C. The Student acknowledges the building or room assignments may be changed prior to arrival or at any time during the term of the Agreement the University deems necessary.
D. The Student acknowledges Student-initiated room change requests may be restricted or limited after occupancy.
E. The Student acknowledges the Student will not be eligible for a refund of housing rental rates and fee if Residence Halls close, access is restricted during the term, or if the length of Agreement is adjusted.
F. In the event of a conflict between the above Addendum and the original Agreement, this Addendum will apply. Your USF ID, which serves as your meal card, is required for all transactions – no exceptions. All meal plans starting in the Fall for First Year Residents are a two-semester commitment (FALL 2020 & SPRING 2021); Dining Dollar Only plans are not a meal plan. If your USF ID Card is lost or stolen, you must immediately report it to USF Dining Services 000-000-0000 to place ID on hold or you may place it on hold at xxx.xxx/Xxxxxxxxx. USF Dining is not responsible for any meals missed due to lost or stolen USF ID Cards. You may be eligible for a temporary card issued by the Meal Plan Office located in the MSC room 1502. The card would be valid only at dining halls for 5 days from when it was issued. You must return the temporary card or you will be charged $10.00.
General Terms and Provisions. This Agreement incorporates by reference the City’s General Contract Terms and Provisions, attached hereto as Exhibit B.
General Terms and Provisions. This Agreement is governed by the laws of Ontario.
General Terms and Provisions. (i) Borrower and/or any Successor Entity shall make all payments to Lender at the address of Lender as set forth on the first page of this Agreement or to such other place or places as Lender, from time to time, shall designate in writing to Borrower and/or any Successor Entity.
(ii) the Borrower's obligations under this Agreement may be paid at any time.
(iii) Interest shall not accrue on nor shall the Borrower be obligated to make any payment of interest with respect to any payment under section I, hereof.
(iv) The Lender's right to receive payments hereunder shall be subject to the terms and conditions of that certain Standby Creditor's Agreement dated as of December 22, 2000 by and among New York Business Development Corporation ("NYBDC"), the Borrower, Lender and others (the "Standby Agreement"). The NYBDC shall be a third party beneficiary of this limitation as if it were a party hereto.
(v) Nothing contained in this Agreement shall or shall be deemed to modify the terms and provisions of the $300K Note and/or the $600K Note.
(vi) Subject to the terms and provisions of the Standby Agreement, the Borrower shall pay all Forbearance Fees due on the Payment Due Date hereunder prior to the payment of any sums due and owing on that date under the $300K Note and the $600K Note.
General Terms and Provisions. ○ The Student acknowledges the College may restrict the full use of spaces and amenities within the residential community including, but not limited to:
i. No guests will be permitted in the residence halls or your room, including, but not limited to, students from your residence hall, other residence halls and family.
ii. For move in and move out, Student is permitted to bring two support persons. Exceptions may be reviewed by the Accessibility Resource Center.
iii. Access to residential spaces is restricted to residential students, College staff, and approved vendors.
iv. Residents may only enter the residential building to which they are assigned unless otherwise posted (e.g., to access critical services such as mailroom, dining services within residential building, staff offices.)
v. Access to and use of amenities/space may be restricted or limited in capacity (community space, lounges, kitchen, laundry rooms, elevators, etc.). ○ The Student acknowledges the building or room assignments may be changed prior to arrival or at any time during the term of this Contract should the College, in its sole discretion, deem such change necessary. ○ The Student acknowledges Student-initiated room change requests may be restricted or limited after occupancy. ○ In the event of an unforeseeable cause beyond the control of and without the negligence of the College, including but not limited to fire, flood, other severe weather, acts of God, interruption of utility services, acts of terrorism, the College reserves the right to maintain the safety of the premises by any means, including but not limited to temporarily or permanently removing Student from college housing. ○ If a part of or all of college housing is closed due to an emergency or natural disaster, the College may terminate this contract without prior notice. In no event shall the College be obliged to provide alternate housing to Student or to rebuild or replace any affected premises. Refunds will be at the discretion of College leadership. ○ The Student acknowledges the Student may not be eligible for a refund of room and board rates if Residence Halls close, access is restricted during the term, or if the length of Contract is adjusted.
General Terms and Provisions. This contract shall be in full force and effect from August 1, 2020 and end June 30, 2021. This Contract supersedes and cancels all previous contracts or agreements, verbal or written or based on alleged past practices, between the school employer and the Association and constitutes the entire agreement between the parties. Any amendment or agreement supplemental hereto shall not be binding upon either party unless executed in writing and ratified by the parties hereto. If any Article or Section of this Contract, or of any rider thereto, shall be held invalid by operation of law or by judicial determination, or if compliance with or enforcement of any Article or Section shall be restrained by judicial decision pending a final determination as to its validity, the remainder of this Contract, or any rider thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid, or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. All bargainable issues have been discussed during the bargaining leading to this Contract, and no additional bargaining on said issues will be conducted on any item, whether contained herein or not, during the life of this Contract, unless the parties, by supplemental written agreement hereto, agree to conduct additional bargaining on said issues. Notwithstanding this provision, for any new bargaining unit extra duty position that the employer creates during the term of this Agreement, the employer would be required to bargain the wages paid to a member of the bargaining unit for such position.
General Terms and Provisions. All other terms and conditions not specifically stated shall be governed by COP General Provisions as revised January 1, 2017, and by Exhibit B, both attached hereto and made a part hereof: The confirmation sets forth BKEP’s and Ergon’s understanding of the terms of our agreement. Please notify our Contract Administrator in writing by email or fax - with specific reference to the BKEP contract number provided above - of your acceptance of the terms and conditions set forth in this confirmation, upon which this confirmation shall be final and binding on all parties. Additional terms other than commercial terms submitted with any such notice will not form a part of our agreement unless otherwise expressly agreed to in writing by the parties Questions may be directed to the Contract Administrator, Xxxxxxx Xxxxxxxx, at: phone (000) 000-0000, fax (000) 000-0000 or XXxxxxxxx@xxxx.xxx . BUYER: SELLER: BKEP Supply and Marketing LLC Ergon Oil Purchasing, Inc. By /s/ Xxxxx X Xxxxxx Signed /s/ Xxxxxx Xxxxxx Xxxxxxx, XX Title Chief Commercial Officer Printed Name Vice President-General Manager Date 3/28/2018 Date 3/22/2018
