IT IS FURTHER AGREED Sample Clauses

IT IS FURTHER AGREED a) The Xxxxxxxx County 4-H Adult Leaders Association (WC4-HALA) and Xxxxxxxx County Insurance does not cover your organization - proof of your liability insurance or a certificate of insurance is required that states that your organization or activity is covered while at the Xxxxx Xxxxxxx Center on that specific date. $100,000 minimum coverage for bodily injury and property damage is required. The Tulip program is available. Proof of this insurance must be in the Extension Office one day prior to event including preparation and clean-up time. b) The applicant shall make full restitution for any damage or breakage to property or equipment resulting during the period of use by such organization. c) Property of organizations cannot be stored in facilities. d) The sponsoring organization is responsible for the safety and conduct of its attendees. e) All doors and aisles shall be unobstructed and unlocked at any time while the building is occupied, and all fire regulations must be adhered to; (This means if you are using the kitchen and meeting room, all doors must be unlocked.) f) Furniture, equipment, and appliances may not leave the meeting room and kitchen. g) The Solid Wood Green Picnic tables and metal framed can be used and taken off grounds, only with permission from the 4-H Leader’s Representative, laminated ones are not to leave the grounds. h) There shall be no smoking in the meeting room, kitchen or food serving areas. Smoking is permitted in the shelter area. i) There shall be no alcoholic beverages brought to or consumed in the meeting room complex or area. j) NO animals allowed in the kitchen. Animals allowed in the meeting room ONLY if 4-H affiliated or service animals. k) A security deposit will be required for Type 2, Type 3, and Type 4 groups. l) The organization and the WC4-HALA must comply with federal and state nondiscrimination laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Americans with Disabilities Act.
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IT IS FURTHER AGREED. If the probationary period is not applicable the progression for all job categories would be reduced by sixty (60) calendar days.
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IT IS FURTHER AGREED. If the probationary period is not applicable the progression for all job categories would be reduced by sixty (60) calendar days. For employees who have established seniority the Company agrees during the term of this Collective to pay for the initial issue and annual renewal of Welder’s, Gas Fitter‘s and Pipeline Inspector‘s certificates or such ti-energy certificates upon receiving documentation from the employee that has successfully obtained the initial certificate or has been invoiced for the annual renewal. Employees who fail their qualifying test shall not be retested until a three (3) month period has lapsed from the date of taking last an existing employee who has established seniority er, promotion, or upon successfully bidding on a may, by mutual agreement between the parties be progression of the new position if his qualification and has completed his probationary period in any job this Agreement and who as a result of a or successful bid for a vacancy enters a different that a Labourer who successfully bids into another job the starting rate of the new category or retain t rate, whatever is the greater. The Labourer will, of in line of progression for the new category. When an employee i s assigned to operate a vehicle requiring an “A” classification driver‘s permit, the employee will receive a premium of APPENDIX A PROGRESSIONS Thirty cents per hour will be paid in addition to the regular hourly rate to a qualified employee while fusing plastic pipe connections. In any case, the employee will receive not less than the C M Utility Person rate. The premium will not be used when calculating overtime rates, but will simply be added to the extended rate. An employee assigned to perform such plastic fusion will be paid the premium for a minimum of four (4) hours each day. "Probationary" rate of pay. No student will be assigned to any job rated higher than a "Labourer". regular employees are on layoff. It i s further agreed,
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IT IS FURTHER AGREED. That Grantee, its successors and assigns, shall have at all times ingress and egress to the above-described land for the purpose of constructing, repairing, renewing, altering, changing, patrolling and operating said distribution facilities.
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IT IS FURTHER AGREED. That this employment term shall commence on the day of , and terminate on the day of , 200 , and shall include all the teaching days and in-service days designated on the College calendar as it now appears or may hereinafter be amended, that occur on or within these two dates.
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IT IS FURTHER AGREED. 4.1 The Parties will (unless and until one of the Parties withdraws from the Mediation, or it is otherwise determined) attempt in good faith to resolve the Dispute by mediation and will take all such steps as may be necessary to participate fully in the mediation process, including the taking of all preparatory steps for the mediation appointment. 4.2 The Mediation shall be confidential and shall be treated as though the same was a negotiation conducted upon a ‘without prejudice’ basis with a view to settling proceedings and shall be privileged according to law. 4.3 The provisions of the DMC Code of Procedure set out in Appendix 1 as supplemented by the Letter of Appointment,shall apply to the Mediation and are incorporated in and form part of this Agreement. 4.4 The Parties warrant that the signatory to this Agreement has the authority to bind the respective Party and all others present at the mediation appointment on that Party’s behalf, to bind that Party to observe the terms of this Agreement, and the Terms & Conditions, and also have authority to bind that Party to the terms of any mediated Settlement Agreement. 4.5 The Mediator may in his or her absolute discretion give such directions for the conduct of the Mediation as he or she thinks fit. Such directions shall be communicated in writing to the Parties’ representatives for the time being as soon as reasonably practicable. 4.6 The Parties understand that any settlement will not be legally binding until the agreement is written and signed by the parties. 4.7 The Parties shall not be permitted to rely upon any expression of opinion, advice or comment made by the Mediator in the course of the Mediation in or for the purposes of any legal or similar proceedings or any form of alternative dispute resolution in relation to the Dispute or any matter related to or concerning the subject matter of the Mediation. 4.8 In the event that no settlement is reached by the Parties, all the Parties’ rights shall be reserved and shall remain in all respects unaffected by the Mediation save to the extent provided in this Agreement. 4.9 The Parties will not call the Mediator or any employee or consultant of DMC as a witness nor require them to produce in evidence any records or notes relating to the Mediation in any litigation, arbitration or any other formal process arising from or in connection with the Dispute and the Mediation, nor will the Mediator nor any DMC employee or consultant act or agree to act as a witnes...
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IT IS FURTHER AGREED 
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Related to IT IS FURTHER AGREED

  • Waivers and Further Agreements Any waiver of any terms or conditions of this Agreement shall not operate as a waiver of any other breach of such terms or conditions or any other term or condition, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof; provided, however, that no such written waiver, unless it, by its own terms, explicitly provides to the contrary, shall be construed to effect a continuing waiver of the provision being waived and no such waiver in any instance shall constitute a waiver in any other instance or for any other purpose or impair the right of the party against whom such waiver is claimed in all other instances or for all other purposes to require full compliance with such provision. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as the other party may reasonably require in order to effectuate the terms and purposes of this Agreement.

  • NOW THEREFORE, IT IS AGREED Transnet hereby appoints the Service Provider to provide, and Transnet undertakes to accept the supply of Goods / provision of Services provided for herein, as formally agreed between the Parties and in accordance with the Schedule of Requirements / Work Orders issued as a schedule to this Agreement; and

  • Further Agreement The Primary Servicer and the Master Servicer each agree to execute and deliver to the other such reasonable and appropriate additional documents, instruments or agreements as may be necessary or appropriate to effectuate the purposes of this Agreement.

  • Further Covenants OPCO and Issuer hereby covenant and agree that: (a) Except upon prior written notice to the Placement Agent, neither OPCO nor Issuer shall, at any time prior to the Final Closing, knowingly take any action which would cause any of the representations and warranties made by it in this Agreement not to be complete and correct in all material respects on and as of the date of each Closing with the same force and effect as if such representations and warranties had been made on and as of each such date (except to the extent any representation or warranty relates to an earlier date). (b) If, at any time prior to the Final Closing, any event shall occur that causes (i) an OPCO Material Adverse Effect or (ii) an Issuer Material Adverse Effect, either of which as a result it becomes necessary to amend or supplement the Memorandum so that the representations and warranties herein remain true and correct in all material respects, or in case it shall be necessary to amend or supplement the Memorandum to comply with Regulation D or any other applicable securities laws or regulations, either OPCO or Issuer, as applicable, will promptly notify the Placement Agent and shall, at its sole cost, prepare and furnish to the Placement Agent copies of appropriate amendments and/or supplements in such quantities as the Placement Agent may reasonably request for delivery by the Placement Agent to potential subscribers. Neither OPCO nor Issuer will at any time before the Final Closing prepare or use any amendment or supplement to the Memorandum of which the Placement Agent will not previously have been advised and furnished with a copy, or which is not in compliance in all material respects with the Act and other applicable securities laws. As soon as OPCO or Issuer is advised thereof, OPCO or Issuer, as applicable, will advise the Placement Agent and its counsel, and confirm the advice in writing, of any order preventing or suspending the use of the Memorandum, or the suspension of any exemption for such qualification or registration thereof for offering in any jurisdiction, or of the institution or threatened institution of any proceedings for any of such purposes, and OPCO and Issuer, as applicable, will use their reasonable best efforts to prevent the issuance of any such order and, if issued, to obtain as soon as reasonably possible the lifting thereof. (c) OPCO and Issuer shall comply with the Act, the Exchange Act and the rules and regulations thereunder, all applicable state securities laws and the rules and regulations thereunder in the states in which OPCO’s Blue Sky counsel has advised the Placement Agent, OPCO and/or Issuer that the Units are qualified or registered for sale or exempt from such qualification or registration, so as to permit the continuance of the sales of the Units, and will file or cause to be filed with the SEC, and shall promptly thereafter forward or cause to be forwarded to the Placement Agent, any and all reports on Form D as are required. (d) Issuer shall use best efforts to qualify the Units for sale under the securities laws of such jurisdictions in the United States as may be mutually agreed to by OPCO, Issuer and the Placement Agent, and Issuer will make or cause to be made such applications and furnish information as may be required for such purposes, provided that Issuer will not be required to qualify as a foreign corporation in any jurisdiction or execute a general consent to service of process. Issuer will, from time to time, prepare and file such statements and reports as are or may be required to continue such qualifications in effect for so long a period as the Placement Agent may reasonably request with respect to the Offering. (e) The Issuer shall place a legend on the certificates representing the Shares, the Preferred Shares, the Conversion Shares, the Exchange Warrants and the Agent Warrants that the securities evidenced thereby have not been registered under the Act or applicable state securities laws, setting forth or referring to the applicable restrictions on transferability and sale of such securities under the Act and applicable state laws. (f) The Company shall apply the net proceeds from the sale of the Units for the purposes substantially as described under the “Use of Proceeds” section of the Memorandum. Except as set forth in the Memorandum, the Company shall not use any of the net proceeds of the Offering to repay indebtedness to officers (other than accrued salaries incurred in the ordinary course of business), directors or stockholders of the Company without the prior written consent of the Placement Agent. (g) During the Offering Period OPCO or Issuer, as applicable, shall afford each prospective purchaser of Units the opportunity to ask questions of and receive answers from an officer of OPCO or Issuer concerning the terms and conditions of the Offering and the opportunity to obtain such other additional information necessary to verify the accuracy of the Memorandum to the extent OPCO or Issuer possesses such information or can acquire it without unreasonable expense. (h) Except with the prior written consent of Aegis, which consent shall not be unreasonably withheld, OPCO and Issuer shall not, at any time prior to the earlier of the Final Closing or the Termination Date, except as contemplated by the Memorandum (i) engage in or commit to engage in any transaction outside the ordinary course of business as described in the Memorandum, (ii) issue, agree to issue or set aside for issuance any securities (debt or equity) or any rights to acquire any such securities; provided that the Company shall be permitted to issue stock options and/or restricted stock units to officers, directors and employees of the Company as described in the Memorandum; and it being acknowledged and agreed that after the Final Closing or Termination Date, the Issuer may issue, in its sole discretion, a number of stock options and/or restricted units in the aggregate in an amount of up to 15% of the fully diluted outstanding shares of the Issuer pursuant to the Issuer’s 2016 Equity Incentive Plan (the “Plan”), (iii) incur, outside the ordinary course of business, any material indebtedness, (iv) dispose of any material assets, (v) make any acquisition or (vi) change its business or operations. (i) OPCO or the Issuer, as applicable, shall pay all reasonable expenses incurred in connection with the preparation and printing of all necessary offering documents and instruments related to the Offering and the issuance of the Shares, the Preferred Shares, the Conversion Shares, the Exchange Warrants and the Agent Warrants and will also pay OPCO’s and the Issuer’s own expenses for accounting fees, legal fees and other costs involved with the Offering (provided that OPCO shall not be responsible for the legal fees of Issuer for the period prior to the First Closing other than the $25,000 previously paid to the Placement Agent’s counsel). OPCO will provide at its own expense such quantities of the Memorandum and other documents and instruments relating to the Offering as the Placement Agent may reasonably request. All Blue Sky filings related to this Offering shall be prepared by OPCO’s counsel, on behalf of the Issuer, at OPCO’s expense, with copies of all filings to be promptly forwarded to the Placement Agent. Further, as promptly as practicable after the Final Closing, the Company shall prepare, at its own expense, velobound “closing binders” relating to the Offering and will distribute one such binder to each of the Placement Agent and its counsel. (j) Until the earlier of the Termination Date or the Final Closing, neither OPCO nor Issuer nor any person or entity acting on such persons’ behalf will negotiate with any other placement agent or underwriter with respect to a private offering of such entity’s debt or equity securities. Neither OPCO nor Issuer nor anyone acting on such persons’ behalf will, until the earlier of the Termination Date or the Final Closing, without the prior written consent of the Placement Agent, offer for sale to, or solicit offers to subscribe for Units from, or otherwise approach or negotiate in respect thereof with, any other person.

  • NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants and provisos herein contained, THE PARTIES HERETO AGREE AS FOLLOWS:

  • Terms of further assurances The Agent may specify the terms of any document to be executed by the Borrower or any other party under Clause 6.1, and those terms may include any covenants, powers and provisions which the Agent considers appropriate to protect its interests.

  • NOW IT IS HEREBY AGREED as follows:

  • Cooperation; Further Acts The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

  • Cooperation; Further Assurances Seller shall cooperate with and assist Purchaser, as reasonably requested, in carrying out the purposes of this Agreement. Seller will cooperate and assist Purchaser, as reasonably requested and at the reasonable expense of Purchaser, in obtaining consents from any Owner as may be required or advisable to assign, transfer, deliver, hypothecate, pledge, subdivide, finance or otherwise deal with the Future Excess Servicing Spread. If Seller is terminated under any Servicing Agreement, Seller shall cooperate fully and at its own expense in transferring such Servicing. If Purchaser assigns all or any portion of its Future Excess Servicing Spread or its other rights under this Agreement to a Third Party Assignee, Seller will cooperate and assist any Third Party Assignee in drafting and entering into a Third Party Future Spread Agreement in accordance with Section 12.15.

  • NOW THIS AGREEMENT WITNESSETH Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the principal Agreement.

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