Institution Representations Sample Clauses

Institution Representations. The Institution represents and certifies to the following: a) the information set forth in its Application for Site Survey and any other information submitted to PTSF is true and correct. b) The Institution is licensed as a general acute care hospital by the Pennsylvania Department of Health. c) The Institution is accredited by The Joint Commission or a recognized state or nationally based accrediting agency for acute care hospitals. d) The Institution represents that to the best of its ability it meets the “Standards for Trauma Center Accreditation” of the Foundation. e) This Institution complies with Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the regulations issued under HIPAA and HITECH (collectively, “HIPAA”) governing the use and disclosure of protected health information (“PHI”) by health careproviders, payers and clearinghouses. f) The Institution operates without restriction by reason of gender, race, color, national origin, age, sexual orientation, handicap and/or disability. g) For Institutions seeking accreditation for the first time; all information outlined in PTSF Policy AC-130, Process for Becoming an Accredited Trauma Center, is in place as per the policy.
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Institution Representations. In connection with Fidelity’s Product and Services, Institution represents: A. With respect to plans subject to Title I of ERISA, Mutual of America does not and has never acknowledged or represented ERISA fiduciary status in providing its products and services. Such products and services are made available to plan fiduciaries of a plan, without regard to the individualized needs of the plan, its participants, or beneficiaries as a platform from which a plan fiduciary may select or monitor investment alternatives into which plan participants or beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts. B. It is organized as one of the following types of entities: i. A bank as defined in section 202 of the Investment Advisers Act of 1940 or similar institution that is regulated and supervised and subject to periodic examination by a State or Federal agency; ii. An insurance carrier which is qualified under the laws of more than one state to perform the services of managing, acquiring or disposing of assets of a Plan; iii. A broker-dealer registered under the Securities Exchange Act of 1934 To the extent the Institution (including its affiliates, employees, associated persons, or other agents) provides “investment advice” to Retirement Customers (within the meaning of 29 CFR 2510.3-21(a)), (a) it is acting as a fiduciary under the Fiduciary Rule and is responsible for exercising independent judgment in evaluating any transactions and (b) with respect to the Products and Services and any Fidelity communications with respect thereto, it is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies.
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Institution Representations. In connection with Fidelity's Product and Services, Institution represents: A. It is an independent fiduciary and, with respect to transactions involving its Retirement Customers, it is a fiduciary under ERISA or the Code. B. It is organized as one of the following types of entities: i. A bank as defined in section 202 of the Investment Advisers Act of 1940 or similar institution that is regulated and supervised and subject to periodic examination by a State or Federal agency; ii. An insurance carrier which is qualified under the laws of more than one state to perform the services of managing, acquiring or disposing of assets of a Plan; iii. A broker-dealer registered under the Securities Exchange Act of 1934 C. To the extent the Institution (including its affiliates, employees, associated persons, or other agents) provides "investment advice" to Retirement Customers (within the meaning of 29 CFR 2510.3-21(a)), (a) it is acting as a fiduciary under the Fiduciary Rule and is responsible for exercising independent judgment in evaluating the transaction and (b) with respect to the Products and Services and any Fidelity communications with respect thereto, it is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies.
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Institution Representations. (i) The Institution hereby represents and warrants to BioNumerik that it has the right to grant licenses to BioNumerik on an exclusive basis in accordance with the terms and conditions of this Agreement. (ii) The Institution further represents and warrants to BioNumerik that: (A) it has not licensed any rights to the New Inventions and Discoveries or Know-How to any party other than BioNumerik; and (B) there are no liens, mortgages, pledges, claims, charges or other encumbrances that are applicable to the New Inventions and Discoveries or other rights licensed hereunder. [**] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (iii) The Institution hereby agrees to take any and all actions as may be reasonably requested by BioNumerik to further evidence BioNumerik's license rights granted hereunder. (iv) The Institution warrants that it has the authority to acquire and convey title to its interest in the New Inventions and Discoveries with the exception of certain rights that may possibly be retained by the United States government. The Institution does not warrant the validity of any patents or that practice under such patents shall be free of infringement. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, BIONUMERIK AGREES (AND ANY AFFILIATES OR SUBLICENSEES WHO OBTAIN RIGHTS HEREUNDER SHALL AGREE) THAT THE NEW INVENTIONS AND DISCOVERIES AND KNOW-HOW ARE PROVIDED "AS IS", AND THAT THE INSTITUTION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF PRODUCTS) INCLUDING THEIR SAFETY, EFFECTIVENESS, OR COMMERCIAL VIABILITY. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE INSTITUTION DISCLAIMS ALL WARRANTIES WITH REGARD TO PRODUCTS) LICENSED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE INSTITUTION ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF THE INSTITUTION AND THE FACULTY, EMPLOYEES OR STUDENTS OF THE INSTITUTION THAT ARE INVENTORS OF ANY OF THE NEW INVENTIONS AND DISCOVERIES OR KNOW-HOW (COLLECTIVELY, THE "INVENTORS") FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES, ATTORNEYS' AND EXPERTS' FEES, AND COURT COSTS (EVEN IF THE INSTITUTI...
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Institution Representations. Institution represents that it holds all necessary permissions, authorizations licenses and certifications necessary and that it is fully capable of providing the services described in Section 7 and in Appendix A of this Agreement. Institution represents that it and all its employees, investigators agents and subcontractors hold all necessary expertise and knowledge to perform all of their obligations under this Agreement.
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Institution Representations. As of the Effective Date and throughout the Term of this Agreement, the Institution represents, warrants, and agrees that: 5.2.1 Each Collaborating Personnel serving as an Investigator possesses appropriate professional qualifications to conduct Research, possesses the necessary and appropriate professional qualifications in accordance with the terms of this Agreement, and will: (a) possess a valid and unrestricted license to practice medicine pursuant to the laws of the state in which they reside or practice, or other academic or other suitable degree as reasonably necessary to conduct an ALCMI Research Project, for example, a Ph.D.; (b) possess valid state and federal narcotics numbers, if a licensed physician engaged in the practice of medicine; (c) hold a Human Subject Protection Certification as required by the NIH; and (d) attest that they have not, at any time, been convicted of any state or federal crime that would constitute a bar to employment by the Institution or termination from the Institution’s medical staff. 5.2.2 This Agreement has been authorized by all requisite officials of the Institution and the Institution has the full legal right, interest, power and authority to enter into this Agreement and to perform its legal obligations hereunder; 5.2.3 The execution and delivery of this Agreement and the performance of the Institution’s respective obligations hereunder do not conflict with or violate any legal authority or obligation or with any contractual obligation of the Institution, its Collaborating Personnel, or, to the best knowledge of the Institution, any Collaborating Personnel who become affiliated with or employed by the Institution subsequent to the Effective Date of this Agreement; 5.2.4 Neither the Institution nor any of its Collaborating Personnel, or agents or subcontractors that are involved in an ALCMI Research Project is: (1) excluded from participation in a Federal Health Care Program (as defined in 42 U.S.C. § 1320a-7b(f)) by the U.S. Department of Health and Human Services or any state government agency; (2) debarred from any federal or state procurement or nonprocurement program by a federal or state government agency; or (3) designated a Specially Designated National or Blocked Person by the Office of Foreign Asset Control of the U.S. Department of Treasury; 5.2.5 The Institution has not been, at any time suspended, temporary excluded, or debarred from any federal program. 5.2.6 The Institution will promptly notify AL...
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Institution Representations. Z áruky, prohlášení a ujednání Warranties and Covenants zdravotnického zařízení 4.2.1 The Institution covenants, warrants Zdravotnické zařízení se zavazují, zaručují a and represents that: prohlašují, že: 4.2.1.1 they have at all times during the má vždy v průběhu klinického hodnocení course of the Study, the appropriate příslušné licence, schválení a osvědčení, jež licenses, approvals and certifications jsou nezbytná pro bezpečné, odpovídající a necessary to safely, adequately and zákonné provedení klinického hodnocení v lawfully perform the Study in souladu s příslušnými právními předpisy, accordance with applicable protokolem, touto smlouvou a správnou Regulations, the Protocol, this klinickou praxí, a nebyla jim oznámena Agreement and good clinical žádná šetření, která by mohla takové practice and have no notice of any licence, schválení nebo osvědčení ohrozit; investigations that would jeopardize such licenses, approvals or certifications; zkoušející je v průběhu klinického hodnocení 4.2.1.2 Investigator is at all times during the vždy kvalifikován svým odborným course of the Study qualified by vzděláním, výcvikem a zkušenostmi k training and experience with provedení klinického hodnocení v rámci appropriate expertise to conduct the jurisdikce, v níž klinické hodnocení probíhá; Study within the jurisdiction where the Study is being conducted; 4.2.1.3 Study Personnel are and at all times during the course of the Study continue to be appropriately trained in ICH GCP, Study procedures and the Protocol; pracovníci klinického hodnocení jsou a v průběhu studie vždy budou řádně zaškoleni v oblasti SKP ICH, úkonech klinického hodnocení a protokolu; 4.2.1.4 sufficient resources and time are available and shall continue to be available to Investigator for timely and proper performance of the Study in accordance with Protocol and this Agreement; zkoušející má a bude mít k dispozici dostatečné zdroje a čas pro včasné a řádné provedení klinického hodnocení v souladu s protokolem a touto smlouvou; 4.2.1.5 all tasks and activities to be performed under this Agreement shall be performed in a timely manner, with all due care and skill and in compliance with Agreement; všechny úkoly a aktivity, které mají být provedeny podle této smlouvy, budou provedeny včas, s náležitou péčí a v souladu s touto smlouvou; 4.
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Institution Representations. Additionally, Institution represents and covenants to Sanofi as follows: (i) neither it nor any individual employed or engaged by Institution in connection with the Study have ever been and are not currently (a) under investigation for debarment or debarred pursuant to federal, regional, state law, local law or regulation; (b) excluded by government agency from participation in any government sponsored or controlled health care program; or (c) otherwise disqualified or restricted by the any regulatory authority, nor will Institution knowingly utilize any debarred, excluded or disqualified personnel to perform the Study hereunder; (ii) it will notify Sanofi immediately in the event any investigation or proceeding for debarment, exclusion or disqualification is initiated against Institution or any individual employed or engaged by Institution that is performing the Study hereunder; (iii) it shall perform the Study in compliance in all material respects with all applicable federal, regional, state and local laws, rules and regulations; (iv) it has notified Sanofi of all encumbrances integral to the conduct of the Study that could reasonably impact Sanofi’s decision to enter into this Agreement; (v) it shall use reasonable efforts to perform the Study in accordance with the terms and conditions of this Agreement; (vi) it is the sole sponsor of the Study; (vii) it has not and will not receive any financial support or other renumeration from any third party (other than from Sanofi as set forth in this Agreement) in connection with the Study; and (viii) it shall not knowingly infringe any patent or other proprietary right of any third party in its conduct of the Study or by providing the Study Results pursuant to this Agreement.
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Institution Representations. INSTITUTION represents that it: (a) shall remain responsible for ensuring compliance with IRB #1’s determinations, with the terms of INSTITUTION’s OHRP-approved FWA, and with all laws governing the Research; and (b) shall immediately report to IRB #1 in writing upon becoming aware of any new or continuing noncompliance with any relevant contract, law or institutional policy governing the Research, including but not limited to human subject protections, conflicts of interest, and research misconduct. INSTITUTION’s obligation to report under 3(b) is in addition to, and in no way replaces, a principal investigator’s duty to report any matters such as unanticipated problems involving risks to subjects and others. INSTITUTION shall make all such reports to the Director of IRB #1.
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Related to Institution Representations

  • UNION REPRESENTATION 5.01 The Local Union may appoint or otherwise select a bargaining committee which shall be composed of not more than seven (7) employees one of whom will be designated as an alternate, and one of whom shall be employed in maintenance. Such committee, together with representatives of the Union shall represent the Union in all negotiations with representatives of the Board for a renewal of this Agreement. The local union shall notify the Board in writing of the names of its bargaining committee members prior to the start of negotiations. 5.02 The Local Union may also appoint or otherwise select up to seven (7) stewards one of whom will be selected as the Chief Xxxxxxx. One of such stewards shall be designated to represent the employees engaged in caretaking in each Field Service Area of the Board, and one of such stewards shall be designated to represent those engaged in maintenance, courier, and warehousing services. In the absence of the designated stewards one of the other stewards may act in their place. The Local Union's Chief Xxxxxxx shall co-ordinate the activities of such stewards. 5.03 A xxxxxxx'x function shall be to assist an employee in the preparation and presentation of grievances to the employee's supervisor and in the event of any violation of Article 4 by any employees to instruct them to return to work and perform their usual duties. A xxxxxxx, with the prior permission of the xxxxxxx'x immediate supervisor, shall be reasonably allowed such time off as is necessary for the prompt investigation and settlement of grievances. The Board will compensate stewards and Union officers for any portion of their regularly scheduled work time spent with the permission of the Board in servicing grievances. The Board may revoke this compensation if it reasonably believes that the time off for servicing grievances is being abused. 5.04 Members of the bargaining committee shall suffer no loss in pay for any portion of their regularly scheduled work time spent in attending negotiations with the Board. 5.05 The Local Union shall notify the Board in writing of the names of its officers, Chief Xxxxxxx and stewards. 5.06 The President of the Local union shall be supplied a copy of Board Corporate Services and Human Resources Committee meeting agendas and Regular Board meeting agendas, 48 hours prior to the meeting/s.

  • Association Representation The unit member grievant shall be entitled, upon request, to representation by the Association at all grievance meetings. In situations where the Association has not been invited to represent the unit member, the District shall not agree to a final resolution of the grievance until the Association has received a copy of the grievance and the proposed settlement and has been given the opportunity to file a response to the matter.

  • Perfection Representations The representations, warranties and covenants set forth on Schedule I hereto shall be a part of this Agreement for all purposes. Notwithstanding any other provision of this Agreement or any other Basic Document, the perfection representations contained in Schedule I shall be continuing, and remain in full force and effect until such time as all obligations under the Indenture have been finally and fully paid and performed. The parties to this Agreement: (i) shall not waive any of the perfection representations contained in Schedule I, (ii) shall provide the Rating Agencies with prompt written notice of any breach of perfection representations contained in Schedule I, and (iii) shall not waive a breach of any of the perfection representations contained in Schedule I.

  • Right to Union Representation An employee shall have the right to Union representation if requested by the employee, only as provided below. There will be no exceptions to this rule. In any investigatory interview or discussion, conference or meeting with an employee who is the subject of an investigation which may lead to disciplinary action. At any disciplinary hearing, discussion, conference or meeting (including settlement discussions) with the employee who is the subject of the disciplinary hearing. Management shall allow reasonable time for the Union Representative to attend said meeting but in no case less than one (l) hour if there is a representative on duty at the worksite. If there is no Union representative on duty at the worksite, the employee shall be allowed at least four (4) hours to obtain a Union representative; however, the employee must sign a waiver extending the time limits for imposition of any disciplinary action by no more than one (l) workday, excluding weekends and holidays, for FLSA non-exempt employees and no more than five (5) workdays for FLSA exempt employees. Management shall ensure that an employee has an opportunity to exercise the right to secure Union representation. If the Union cannot or does not have a representative available within a reasonable period of time, the meeting may be conducted without representation. If the Employer disapproves release time for the representative under Article 4, the meeting shall be delayed until the representative is released from duty. The role of the Union Representative during an initial investigation interview conducted by Management is to assist in the clarification of questions and otherwise advise the employee of his/her rights. However, it is the employee who must answer the questions posed to him/her as best as possible, and under no circumstances may the Union Representative answer for the employee, dominate the meeting, or interfere with the Employer's investigating process. At a meeting to discuss mitigating circumstances or to impose disciplinary action or in the course of representing an employee who has filed a disciplinary appeal under SPP Title 11 or a grievance under SPP Title 12, the Union Representative may act as spokesperson on behalf of the employee with prior approval of the employee. An employee shall not have the right to a Union Representative in attendance during a discussion solely related to performance or during a performance review. The right to representation does include a criminal investigation.

  • Investment Representations (i) The Purchaser is acquiring the Private Placement Warrants and, upon exercise of the Private Placement Warrants, the Shares issuable upon such exercise (collectively, the “Securities”) for its own account, for investment purposes only and not with a view towards, or for resale in connection with, any public sale or distribution thereof. (ii) The Purchaser is an “accredited investor” as such term is defined in Rule 501(a)(3) of Regulation D, and the Purchaser has not experienced a disqualifying event as enumerated pursuant to Rule 506(d) of Regulation D under the Securities Act. (iii) The Purchaser understands that the Securities are being offered and will be sold to it in reliance on specific exemptions from the registration requirements of the United States federal and state securities laws and that the Company is relying upon the truth and accuracy of, and the Purchaser’s compliance with, the representations and warranties of the Purchaser set forth herein in order to determine the availability of such exemptions and the eligibility of the Purchaser to acquire such Securities. (iv) The Purchaser did not decide to enter into this Agreement as a result of any general solicitation or general advertising within the meaning of Rule 502(c) under the Securities Act. (v) The Purchaser has been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Securities which have been requested by the Purchaser. The Purchaser has been afforded the opportunity to ask questions of the executive officers and directors of the Company. The Purchaser understands that its investment in the Securities involves a high degree of risk and it has sought such accounting, legal and tax advice as it has considered necessary to make an informed investment decision with respect to the acquisition of the Securities. (vi) The Purchaser understands that no United States federal or state agency or any other government or governmental agency has passed on or made any recommendation or endorsement of the Securities or the fairness or suitability of the investment in the Securities by the Purchaser nor have such authorities passed upon or endorsed the merits of the offering of the Securities. (vii) The Purchaser understands that: (a) the Securities have not been and are not being registered under the Securities Act or any state securities laws, and may not be offered for sale, sold, assigned or transferred unless (1) subsequently registered thereunder or (2) sold in reliance on an exemption therefrom; and (b) except as specifically set forth in the Registration and Shareholder Rights Agreement, neither the Company nor any other person is under any obligation to register the Securities under the Securities Act or any state securities laws or to comply with the terms and conditions of any exemption thereunder. In this regard, the Purchaser understands that the SEC has taken the position that promoters or affiliates of a blank check company and their transferees, both before and after an initial Business Combination, are deemed to be “underwriters” under the Securities Act when reselling the securities of a blank check company. Based on that position, Rule 144 adopted pursuant to the Securities Act would not be available for resale transactions of the Securities despite technical compliance with the requirements of such Rule, and the Securities can be resold only through a registered offering or in reliance upon another exemption from the registration requirements of the Securities Act. (viii) The Purchaser has such knowledge and experience in financial and business matters, knowledge of the high degree of risk associated with investments in the securities of companies in the development stage such as the Company, is capable of evaluating the merits and risks of an investment in the Securities and is able to bear the economic risk of an investment in the Securities in the amount contemplated hereunder for an indefinite period of time. The Purchaser has adequate means of providing for its current financial needs and contingencies and will have no current or anticipated future needs for liquidity which would be jeopardized by the investment in the Securities. The Purchaser can afford a complete loss of its investments in the Securities. (ix) The Purchaser understands that the Private Placement Warrants shall bear the legend substantially in the form set forth in the Warrant Agreement.

  • Basic Representations Section 3(a) of the Agreement is hereby amended by the deletion of “and” at the end of Section 3(a)(iv); the substitution of a semicolon for the period at the end of Section 3(a)(v) and the addition of Sections 3(a)(vi), as follows:

  • Reliance by the State on Representations All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work.

  • Representations of the Custodian The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.

  • Securities Representations This Agreement is being entered into by the Company in reliance upon the following express representations and warranties of the Participant. The Participant hereby acknowledges, represents and warrants that: (a) The Participant has been advised that the Participant may be an “affiliate” within the meaning of Rule 144 under the Securities Act and in this connection the Company is relying in part on the Participant’s representations set forth in this Section 10. (b) If the Participant is deemed an affiliate within the meaning of Rule 144 of the Securities Act, the shares of Common Stock issuable hereunder must be held indefinitely unless an exemption from any applicable resale restrictions is available or the Company files an additional registration statement (or a “re-offer prospectus”) with regard to such shares of Common Stock and the Company is under no obligation to register such shares of Common Stock (or to file a “re-offer prospectus”). (c) If the Participant is deemed an affiliate within the meaning of Rule 144 of the Securities Act, the Participant understands that (i) the exemption from registration under Rule 144 will not be available unless (A) a public trading market then exists for the Common Stock of the Company, (B) adequate information concerning the Company is then available to the public, and (C) other terms and conditions of Rule 144 or any exemption therefrom are complied with, and (ii) any sale of the shares of Common Stock issuable hereunder may be made only in limited amounts in accordance with the terms and conditions of Rule 144 or any exemption therefrom.

  • UNION REPRESENTATION AND COMMITTEES (a) It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the Nursing Homes in the Extendicare chain in the Province of Ontario, the Union will elect or otherwise select a negotiating committee consisting of one (1) representative from each Nursing Home. (b) If negotiations are carried on individually for any or all of the Nursing Homes in the Extendicare chain in the Province of Ontario, it is agreed that the Union will elect or otherwise select a negotiating committee consisting of up to two (2) employees from the full-time bargaining unit, and two (2) employees from the part-time bargaining unit, one (1) of which shall be the Union Chairperson. (c) All members of the committee shall be regular employees of the Employer who have completed their probationary period. (d) The Nursing Home members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiation of this Agreement or its successor including all conciliation proceedings but excluding any Arbitration proceedings. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting. (e) Where the parties participate in group bargaining, the Employer agrees to provide alternative days off in the case where an employee is bargaining on a day off. In the case of a part time employee such alternative days will be capped at two per calendar week. These bargaining days will be treated as days worked for which the employee will receive pay for the hours she would have regularly worked. 7.02 The Employer will recognize a Union Administrative Committee which shall consist of a Union Chairperson and up to three (3) additional committee persons from each bargaining unit, all selected from the members of their respective bargaining units. No more than two (2) committee members shall meet with the Employer at any one time. The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time. All members of the committee shall be employees of the Employer who have completed their probationary period. (a) The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. (b) Notwithstanding the above, the Employer agrees that requested time off during working hours for Union Administrative activities will not be arbitrarily withheld. (c) The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage.

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