In addition. (a) Where the applicable State or Territory legislation does not permit long service leave at half pay, a team member may request to access unpaid leave equivalent to the period of long service leave requested in order to double the period of absence.
(b) State and Territory legislation may provide that, where a public holiday falls during a team member’s period of taking paid long service leave, they are entitled to be re-credited that day of long service leave. Under this Agreement, where the applicable State or Territory legislation does not provide for such re-crediting, BIG W will re-credit the long service leave.
In addition. The Warranty on your Charging Stations shall not apply if the original identification markings (for example, serial numbers and trademarks) have been defaced, altered or removed. THE WARRANTY APPLIES ONLY TO YOUR CHARGING STATION AND NOT TO ANY CHARGEPOINT SERVICE PLAN. CHARGEPOINT SPECIFICALLY DOES NOT WARRANT THAT ANY CHARGEPOINT SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO AGENT OF CHARGEPOINT IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF CHARGEPOINT. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES. CHARGEPOINT MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY SET FORTH ABOVE. ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF CHARGEPOINT HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT, ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER EXPIRATION OF THE WARRANTY PERIOD. Some states or jurisdictions do not allow the exclusion of express or implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. CHARGEPOINT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, LOST DATA, LOSS OF USE, OR COST OF COVER INCURRED BY YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF, OR INABILITY TO USE, THE CHARGING STATIONS, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CHARGEPOINT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF CHARGEPOINT FOR ALL CLAIMS WHATSOEVER RELATED TO THE CHARGING STATIONS WILL NOT EXCEED THE PRICE YOU PAID FOR THE CHARGING STATIONS. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF CHARGEPOINT AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In addition. 6.1. Xxxxxxx warrants that it will provide all services with reasonable care and skill but cannot guarantee any outcome from the Super Curricular Programme.
6.2. Xxxxxxx does not exclude or restrict its liability:
(a) for death or personal injury resulting from the negligence of Xxxxxxx, its staff or agents (but not independent contractors) while acting in the course of their employment; or
(b) for death or personal injury for negligence or breach of the common duty of care owed to visitors to Xxxxxxx; or
(c) insofar as any exclusion or limitation of Xxxxxxx’x liability hereunder is otherwise prohibited, void or unenforceable by law.
6.3. Subject to paragraph 6.2, the warranty referred to in Paragraph 6.1 shall replace all conditions and warranties on the part of Xxxxxxx implied by statute, common law or otherwise, all of which are expressly excluded. Xxxxxxx does not make or give, nor has any servant or agent of Xxxxxxx authority to make or give, any representation or undertaking as to the quality of the services or their correspondence with any description applied to them or as to the standards of them.
6.4. Xxxxxxx shall not be liable, whether in contract or in tort, in respect of any matter not expressly covered by Paragraphs 6.1 or 6.2 above. Subject to paragraph 6.2 but notwithstanding anything else contained in this agreement, in no circumstances shall Xxxxxxx be liable, either in contract or in tort, for any loss of profit, goodwill, or any other financial loss, any payment made or due to a third party and any loss or damage caused to any property belonging to you, or any third party, or for any indirect, incidental or consequential loss suffered by the student.
6.5. In the event that notwithstanding the provision of this Paragraph 6 (and subject always to Paragraph 6.2) Xxxxxxx is found liable for any loss or damage suffered by you, that liability shall in no event exceed in aggregate:
(a) in relation to loss or damage suffered by you prior to either 13 August 2023, the sum of any deposit received, or
(b) in relation to loss or damage suffered by you after 13 August 2023 the total sum paid by you to Xxxxxxx pursuant to this Agreement; provided always that Xxxxxxx'x total liability under this Agreement shall be limited to the Super Curricular Programme fees.
6.6. YOU ARE STRONGLY ADVISED TO TAKE OUT INSURANCE ON BEHALF OF THE STUDENT IN RESPECT OF ANY LOSS WHICH IT MIGHT INCUR WHICH IS EXCLUDED HEREUNDER AND IS FURTHER REQUIRED TO NOTIFY THE PARTIC...
In addition the First Day Order shall authorize the use by the Borrower and the Guarantors of any cash collateral in which any Existing Lender under the Existing Agreements may have an interest and shall provide, as adequate protection for the use of such cash collateral and the priming of the Liens granted pursuant to the Existing Agreements contemplated hereby and subject to the Carve-Out, for (A) a superpriority claim as contemplated by Section 507(b) of the Bankruptcy Code immediately junior to the claims under Section 364(c)(1) of the Bankruptcy Code held by the Agent and the Banks, (B) a replacement Lien on substantially all of the assets of the Borrower and the Guarantors having a priority immediately junior to, and subject to the same limitations as are applicable to, the priming and other Liens granted in favor of the Agent and the Banks hereunder and under the other Loan Documents (and, in the case of Accounts arising on or after the Filing Date out of the use of the properties that are subject as of the Filing Date to valid and perfected Liens in favor of the Real Estate Financiers, also junior to adequate protection Liens on such Accounts that may be granted in favor of the Real Estate Financiers), (C) the payment on a current basis of the reasonable fees and disbursements of respective professionals (including, but not limited to, the reasonable fees and disbursements of counsel and internal and third-party consultants, including financial consultants, and auditors) for the Pre-Petition Agent (including the payment on the Closing Date or as soon thereafter as is practicable of any unpaid pre-petition fees and expenses), the payment of counsel fees and disbursements of members of the Steering Committee acting under the Existing Credit Agreement and the continuation of the payment to the Pre-Petition Agent on a current basis of the administration fees that are provided for under the Existing Credit Agreement and (D) the payment to the Existing Lenders, so long as no Event of Default or event, which upon notice or lapse of time or both, would constitute an Event of Default shall have occurred and be continuing, of (x) any cash proceeds received by the Borrower pursuant to any settlement of the "prudent buyer" dispute with the Health Care Financing Administration and (y) 75% of the Net Proceeds of asset sales or dispositions permitted hereunder, the proceeds of which are not required to be applied to the Loans pursuant to Section 2.11(b).
In addition. 5.1.2.1 After the expiry of the Initial Term, the RIVER PRIME MetaTrader White Label Fees (including the Setup Fees) may be subject to change. The said revised fees will take effect on expiry of the period expressly referred in the notice for such change, unless the Client notifies RIVER PRIME within such period that it wishes to terminate the Agreement for reasons concerning the change of the above fees;
5.1.2.2 The technical support fees of all MT5 Components may be increased at the Technology Provider’s own discretion and such increase(s) shall, by analogy, be duly implemented by RIVER PRIME.
5.1.2.3 The Client shall not be entitled to withhold payment of any sum by reason of any right of set-off or any claim or dispute with RIVER PRIME, whether relating to the quality or performance of the Service or otherwise.
In addition a) Until such time as the Licensor effects a re-entry or otherwise excludes the Licensee from the Premises the Licensor may serve notices on the Licensee by leaving them at the Premises during Trading Hours and in that case service is deemed to have been effected on delivery;
b) The Licensee may serve notices (except an Option Notice which must be served in accordance with Clause 6) on the Licensor by delivery to the office of the Principal at the School between the hours of 9.00am and 3.00pm Monday to Friday but excluding public holidays, school holidays or days on which the office is not staffed; and
c) Notices may also be served by being sent by electronic transmission to the following:
1) To the Licensor to the address specified in Item 15; and
2) To the Licensee to the address specified in Item 16.
In addition. The Warranty on your Charging Station shall not apply if the original identification markings (for example, serial numbers and trademarks) have been defaced, altered or removed or if the Charging Station is used or installed for any purpose other than for use at a single family residence.
In addition. 16 Roadside Service Assistance (United States, Puerto Rico, And U.S. Virgin Islands) 16 5. FEDERAL REQUIREMENTS FOR EMISSIONS WARRANTIES 17 What Is Covered? 20 What Is Not Covered? 21
In addition. Xxxxxxx (3 men) $1.00 per hour Xxxxxxx (4 to 15 men) $2.00 per hour Xxxxxxx (16 or more) $4.00 per hour Height Pay $1.00 per hour (see Art. XXIX, Sect. 12 for application) JURISDICTION- For the purpose of this Agreement the Richmond, Norfolk, Southern Virginia area will be defined as: including the independent cities in the State of Virginia: Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Newport News and Hampton; and the following counties in the State of Virginia: Accomack, Albemarle, Xxxxxx, Appomattox, Brunswick, Xxxxxxxxxx, Xxxxxxxx, Xxxxxxx City, Xxxxxxxxx, Chesterfield, Culpeper, Cumberland, Dinwiddie, Essex, Fluvanna, Gloucester, Goochland, Xxxxxx, Greensville, Hanover, Henrico, Isle of Xxxxx, Xxxxx City, Xxxx and Queen, King Xxxxxx, Xxxx Xxxxxxx, Xxxxxxxxx, Xxxxxx, Lunenburg, Madison, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Orange, Powhatan, Xxxxxx Xxxxxx, Prince Xxxxxx, Rappahannock, Richmond, Southampton, Spotsylvania, Surry, Sussex, Xxxxxxxxxxxx and York. Specialty $19.00 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase Commercial/ Mold Remediation $18.00 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase Residential/Government Housing $15.64 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase JOURNEYPERSON DRYWALL FINISHER Commercial (hand tools) $18.00 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase Commerical (when using XXXX Tools) $20.00 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase JOURNEYPERSON WALLCOVERER Commercial $18.00 $0.55 Increase $0.10 Increase $0.56 Increase $0.00 Increase Piece Work: $3.00 Vinyl, $4.00 Fabric, plus 8 hours of Fringe Benefit contributions per shift
In addition. Xxxxxxx (3 men) $1.00 per hour Xxxxxxx (4 to 15 men) $2.00 per hour Xxxxxxx (16 or more) $4.00 per hour Height Pay $1.00 per hour (see Art. XXIX, Sect. 12 for application)
