in Exhibit A. If such performance guarantee is in the form of a surety bond, then the surety bond must be issued by a surety authorized to do business in the State of North Carolina. If the performance guarantee is in the form of a letter of credit, the letter of credit must be issued by a financial institution licensed to do business in the State of North Carolina. Release of the security shall be conditioned upon the faithful performance by DEVELOPER of all terms and conditions of this Agreement, including furnishing the CITY with the “form 511” as-built certificate of completion, which first must be accepted by the CITY before the release of security to DEVELOPER, with all costs, including renewals and penalties of the security, to be paid by DEVELOPER. Withdrawals from the security may be in one or more payments.
in Exhibit A. The A/E will not be permitted to reassign any of the key personnel unless the Department approves the proposed reassignment and the proposed replacement. In the event that any of the key personnel become unavailable to work on this Project for reasons beyond the control of the A/E or its principal consultants (i.e. due to retirement, resignation, termination, etc.), the A/E shall propose a substitute for any such individual and obtain the Department’s consent to such substitute. All members of the A/E’s Key Personnel in Exhibit A shall be subject to a replacement fee for their removal or reassignment by the A/E except in circumstances arising from reasons beyond the A/E’s control (i.e. due to retirement, resignation, termination, etc.). In each instance where the A/E removes or reassigns one of the key personnel as being subject to replacement fees (but excluding instances where such personnel become unavailable due to death, disability or separation from the employment of the A/E or any affiliate of the A/E) without the prior written consent of the Department’s Designated Representative, the A/E shall owe the Department the sum of Twenty Five Thousand dollars ($25,000) as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the A/E’s failure to provide the Key Personnel and remittance of replacement fees may be effected via deductions from payments owed to the A/E. The foregoing replacement fee shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs. In addition, the Department shall have the right, to be exercised in its sole discretion, to remove, replace or to reduce the scope of services of the A/E in the event that a member of the Key Personnel has been removed or replaced by the A/E without the consent of the Department. In the event the Department exercises the right to remove, replace or to reduce the scope of services of the A/E, the Department shall have the right to enforce the terms of this Agreement and to keep-in-place those members of the A/E’s team not removed or replaced and the remaining members shall complete the services required under this Agreement in conjunction with the new members of the A/E’s team approved by the Department.
in Exhibit A. Immediately after Section A.1.6 of Exhibit A, insert the following:
in Exhibit A. Section A.(3) the first sentence shall be deleted and replaced with the following: URLs: (a) an IE 3.x frame URL, (b) an IE 4.x search pane URL, and (c) an IE 5.x search URL.
in Exhibit A. Architect shall not replace the Principal, the Project Manager or (after Services have commenced) any design personnel without Owner’s prior written approval. So long as his or her performance remains acceptable to Owner, the Project Manager will lead Architect’s day-to-day Project team from the beginning of design through the completion of construction, will remain in charge of architectural services, will act on behalf of, and bind, Architect with respect to all stages and phases of the Services, and will be available as required for the benefit of the Project and Owner.
in Exhibit A. (i) the full and correct name and address; (ii) state of incorporation or formation; and (iii) all trade names for Borrower, are complete and accurate.
in Exhibit A. 18.6 Notification of UNIVERSITY capital planning office for tracking that performance of AGREEMENT does not exceed the cumulative allowable thresholds of private use:
in Exhibit A. 79. If a non-proprietary file server is proposed, include the following: a. COMPAQ hardware b. RAID 5 drive array c. Redundant power supplies d. UPS e. Redundant NICs IWS TYPICALLY SPECIFIES IBM HARDWARE AS IT IS WHAT WE DEVELOP ON, TEST ON AND TRUST. DIFFERENT MANUFACTURERS MAY BE UTILIZED PROVIDED THEY MEET OUR REQUIREMENTS.
in Exhibit A. E. When a Captain has been designated by the Fire Chief or Deputy Fire Chief to act as the temporary Fire Chief during his/her absence of a full shift or more, the Captain shall receive an additional six percent (6%) over his/her base hourly rate for all hours worked in this capacity.
in Exhibit A. If a holder of property interests acquired for this Project is not named in Exhibit A, or if the Party named as holder in Exhibit A does not accept the role and responsibility of holder, the Grant Recipient shall name a party to serve as holder, subject to approval in writing by the NCLWF.
