INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.
INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
SLEEPING CAPACITY/DISTURBANCES Tenant and all other occupants of the premises will be required to vacate the premises and forfeit the rental fee and security deposit for any of the following: Occupancy exceeding the sleeping capacity of the property, using the premises for any illegal activity, causing damage to the premises rented or to any of the neighboring properties and any other acts that interfere with neighbors' right to quiet enjoyment of their premises. HOLD HARMLESS None of iTrip Vacations, Sea Oats Vacation Property Management, Inc. or the owner of the premises assume risk, responsibility or any liability for, and the Tenant hereby releases, waives, relinquishes and discharges iTrip Vacations, Sea Oats Vacation Property Management, Inc., the owner of the premises and all directors, officers, employees, agents or other representatives of such parties from, any (i) loss, damage, illness, injury or exposure to COVID-19, other viruses or the flu to persons or their personal property that occurs during their stay on the premises; (ii) any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas, cable service, internet service, electricity or plumbing or (iii) any inconveniences, damage, loss or injury arising from or due to weather conditions, insects, natural disasters, acts of God, or other reasons beyond their control. POOL & PATIO If the premises include a private or community pool (including hot tubs), then the Tenant hereby acknowledges that the premises they have reserved include a community pool and the undersigned agrees and acknowledges that the community pool and patio/deck can be dangerous areas, that the deck/patio can be slippery when wet, and that injury may occur to anyone who is not careful. With full knowledge of the above facts and warnings, the undersigned Tenant accepts and assumes all risks involved to Tenant and all of Tenant's guests in or related to the use of the private or community pool (including hot tubs) and patio areas.
Right to Contracted Capacity & Energy 4.4.1 The SPD will declare the CUF of the Project and will be allowed to revise the same once within first year after COD of the full project capacity. SECI, in any Contract Year except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU). Subsequent to commissioning of the Project, if for any Contract Year, it is found that the SPD has not been able to supply minimum energy of Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the noncompliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.
Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.
