Miscellaneous Provisions A. All notices, requests, and demands given to or made upon the parties hereto shall, except as otherwise specified herein, be in writing and be delivered by fax, express delivery, in person, or mailed to any such party, by registered or certified mail, return receipt requested, at the address of such party. Any party may, by notice hereunder to the other party, designate a changed address for such party. Any notice, if faxed, shall be deemed received upon confirmation of the receipt thereof; if sent by express delivery, shall be deemed received upon delivery as set forth on the express delivery receipt; if personally delivered, shall be deemed received upon delivery; and if mailed properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt, and shall be deemed received the fifth business day thereafter, or when it is actually received, whichever is sooner. Attempted delivery that is unsuccessful, in person, by express delivery, or by registered or certified mail, at the correct address or fax number, shall be deemed received on the date of such attempted delivery or attempted fax. All references to hours of the day shall mean the official time in effect on the date in question in the State of New Jersey.
Miscellaneous Provisions A. You and the Company agree that this contract and the terms and conditions of your employment shall be governed by the laws of the State of New York. You and the Company agree to submit to the exclusive jurisdiction of the courts of the State of New York for any disputes arising out of your employment of termination of this contract.
Miscellaneous Provisions A. Patents: Subcontractor agrees to indemnify, defend and hold harmless Owner and Contractor from any claims, demands, or damages of any nature on account of the alleged use of any patented invention, article or process in connection with its work under this Agreement, either in the course of construction or after completion of the Subcontract Work, and Subcontractor further agrees to defend at its own expense, any suit for alleged infringements.
Miscellaneous Provisions A. Individual Contract Subject to Master Agreement p. 25 B. Extent of Agreement p. 26 C. Separability p. 26 XIV. ARTICLE XIV – Duration of Agreement Appendix A – Newly Hired Staff Salary Schedule p. 27 Appendix B – Extra-Curricular Stipends p. 28 Appendix C – Other Paid Duties/Stipends p. 29 ARTICLE I--Recognition
A. The Board of Education of Community unit School District #3, Iroquois County, Donovan, Illinois, hereinafter referred to as the “Board”, recognizes the Donovan Education Association/IEA/NEA, hereinafter referred to as the “DEA”, as the sole and exclusive bargaining representative for all full- and part-time certificated teaching personnel, hereinafter referred to as “teachers”, excluding administrators and substitute teachers.
B. No agreement, understanding, consideration, or interpretation which alters, varies, waives, or modifies an of the terms or conditions contained herein shall be made with any teacher or group of teachers, or by this Board or any of the Board’s agents or representatives, unless it has been made, ratified and agreed to in writing by the Board and the DEA.
Miscellaneous Provisions A. Immediate Binding Effect Subject to Article IX.A hereof and notwithstanding Bankruptcy Rules 3020(e), 6004(h), or 7062 or otherwise, upon the occurrence of the Effective Date, the terms of the Plan, the Plan Supplement, and the Confirmation Order shall be immediately effective and enforceable and deemed binding upon the Debtors or the Reorganized Debtors, as applicable, and any and all Holders of Claims or Interests (regardless of whether such Claims or Interests are deemed to have accepted or rejected the Plan), all Entities that are parties to or are subject to the settlements, compromises, releases, and injunctions described in the Plan, each Entity acquiring property under the Plan, the Confirmation Order and any and all non-Debtor parties to Executory Contracts and Unexpired Leases with the Debtors. All Claims shall
Miscellaneous Provisions A. Time Schedule 1. ADC shall complete the Project in accordance with the milestones contained in Exhibit A of this Contract.
Miscellaneous Provisions A. Disclaimer: Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information b. Amendment: i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties. ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation c. Assistance in Litigation or Administrative Proceedings The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party).
Miscellaneous Provisions A. The provisions concerning payment of the Project Fees, indemnification, limitation of liability, nonsolicitation, and arbitration will survive the expiration or any termination of this agreement. B. Neither the Company nor Tatum will be deemed to have waived any rights or xxxxdies accruing under this agreement unless such waiver is in writing and signed by the party electing to waive the right or remedy. C. This agreement will be governed by and construed in all respects in accordance with the laws of the State of South Carolina, without giving effect to conflicts-of-laws principles.
Miscellaneous Provisions A. CONFIDENTIALITY. The Founders shall take necessary steps to ensure that anything deemed “Confidential Information” will remain confidential. Confidential Information shall include, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyright and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Disclosure of Confidential Information will only occur on an as-needed basis and only upon consent of all the Founders. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal. B. DISPUTE RESOLUTION. If a dispute, controversy, or claim arises out of or relates to this Founders’ Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the Founders agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association, or a similar dispute resolution service. If the Founders are unsuccessful at resolving the dispute through mediation, the Founders agree to arbitration administered by the American Arbitration Association, or a similar dispute resolution service. Judgment on the Award may be entered in any court having jurisdiction. C.
Miscellaneous Provisions A. This General Serv ice Agreement and the terms of any optional calling plan, promotion, and/or authorized written communications y ou hav e receiv ed constitute the entire Agreement between y ou and the Company , and supersedes any and all prior agreements, oral or xx xxxxx, concerning the subject matter. If there is any inconsistency or conf lict between the terms of any optional calling plan, promotion, and/or authorized written communications y ou hav e receiv ed and the prov isions of this Agreement, the prov isions of this Agreement wi ll control. B. If y ou either v oluntarily cancel y our Company account or if the Company cancels y our serv ice f or any reason set f xxxx abov e, the Company will hav e no obligation whatsoev er to assist y ou in any respect in switching f rom the Company to another carrier.
