Market Coverage/Additional Capacity Sample Clauses

Market Coverage/Additional Capacity. 5.4.1 Sylvan and ETS will agree as part of each CBT Network Plan on the designation of GEOGRAPHIC AREAS FOR MARKET COVERAGE. Sylvan will at all times maintain a SUFFICIENT NUMBER OF TEST CENTERS (STC's) in each geographic area so as to MEET THE TEST AND TEST RELATED event demand. Sylvan will be deemed to be providing sufficient capacity if it meets the scheduling criteria of placing 99% of all Examinees in a seat within 20 days of their requested date and within 50 miles of their requested site as set forth in the Key Performance Standards set forth in Attachment # 12 below. The parties recognize that in certain sparsely populated locations it is impractical to maintain a Test Center within fifty mile zones. Notwithstanding the requirement set forth above, for those sparsely populated areas, the parties shall, as part of the CBT Network Plan, mutually agree on specific coverage requirements for those areas. Sylvan is not obligated to open a Test Center under this paragraph or any other circumstance if the new Test Center is within a fifty (50) mile radius of an existing Sylvan Test Center, unless the existing Test Center capacity is insufficient to serve the market need as defined by Attachment # 12. Nothing stated in this Paragraph 5.4.1 shall in any way be deemed to limit ETS's rights set forth in Paragraphs 16.1.2 and 16.1.3. 5.4.2 Both parties recognize that ETS may require additional Test Centers to be opened in certain locations. The parties agree. a. For each of the first five years that this Agreement is in effect Sylvan will open up to ten (10) Test Centers per year in any location designated by ETS at no cost to ETS. These Test Centers may be selected in addition to the mutually agreed network plan. Mobile testing sites and institutional sites will be considered adequate for purposes of this clause. Sylvan will open any center designated under this paragraph within ninety (90) days of receipt of ETS's written request. b. After the first ten (10) centers per year and for Test Centers opened in year six of the Agreement and beyond, Sylvan will open a Test Center in any location designated by ETS provided ETS pays a fee to Sylvan for the cost of opening the Test Center. The fee for opening a Test Center under this paragraph 5.4.2 b. will be agreed to by the parties at the time the center is requested by ETS. Upon agreement by both parties on a fee and the location of the center, Sylvan will open the Test Center within ninety (90) days of agreement. ...
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Related to Market Coverage/Additional Capacity

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • 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.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Dependent Coverage For dependent dental coverage, the Employer contributes an amount equal to the lesser of fifty (50) percent of the dependent premium of the State Dental Plan, or the actual dependent premium of the dental plan chosen by the employee.

  • 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.

  • Contractor's Liability Insurance 11.1.1. Contractor shall maintain such insurance as will protect Contractor from claims set forth below which may arise out of or result from Contractor's operations under the Contract and for which Contractor may be legally liable, whether such operations be by Contractor or a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than employees of Contractor or a Subcontractor or by anyone directly or indirectly employed by any of them in connection with the Work; .4 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .5 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. Such insurance need not cover acts of terrorism, mold or microorganisms or completed operations to the extent that such coverage is not available on commercially reasonable terms. 11.1.2. The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages shall be written on an occurrence basis. All coverages shall be maintained without interruption from date of commencement of the Work until date of final payment and any additional period specified by any Contract Document for coverage required to be maintained after final payment. 11.1.3. Certificates of insurance shall be filed with Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or materially modified until at least 20 days' prior written notice has been given to Owner. Information concerning reduction of coverage on account of revised limits shall be furnished by Contractor with reasonable promptness in accordance with Contractor's information and belief.

  • Vehicle Liability Insurance $___________________ minimum required insurance policy on all owned, hired, and non-owned vehicles of the Subcontractor for combined single limit liability for each accident affecting incurring bodily injury and/or property damage.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • 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.

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