The Card (a) The Card shall be used by the Cardholder and any additional Card shall be used by the Authorized Cardholder exclusively and always within the limits of the balance available in the Card Account and/or the credit limit approved by the Bank and notified to the Cardholder and/or the holder of the Card Account from time to time in a manner the Bank deems appropriate, subject to the provisions of paragraph 15. It is understood that the initial limit will be notified to the Cardholder upon delivery of the Card. In case the Cardholder wishes to have a lower limit or a higher limit he should notify the Bank accordingly.
(b) The Cardholder and, where applicable, the Authorized Cardholder is not entitled to use the Card or the additional Card, respectively, in excess of the limit which is mentioned above. If, however, for any reason the Cardholder and/or the Authorized Cardholder exceeds such limits, the Cardholder and/or the holder of the Card Account and/or the Authorized Cardholder undertakes to settle the unauthorized overdraft plus interest and/or any other charges, immediately upon the Bank's request, subject to the provisions of any applicable law and in accordance with the operating terms of the abovementioned Card Account and the Cards Terms and Conditions.
(c) The Card is the property of the Bank. The Cardholder must return his Card and any additional Card to the Bank on demand. The Bank may from time to time issue new Cards of a type different to the one the Cardholder applied for, in parallel and/or to replace the existing ones. The signature of the application form and of this Agreement for the issuance of a Card shall be deemed as an application of the Cardholder for the issuance of any new Cards to the Cardholder and the Authorized Cardholder, where applicable, as explained above. If the type of Card changes, the number of the Card and, where applicable, the number of the Card Account may also change. If the Cardholder and/or the holder of the Card Account does not agree with such change, the Agreement may be terminated according to paragraph 11 below, without any charge.
(d) The Cardholder and/or the Authorized Cardholder should use the Card and/or the additional Card, respectively, only during the validity period shown on it.
(e) Unless otherwise provided in these Cards Terms and Conditions, the Cardholder and/or the holder of the Card Account are liable to the Bank for all Transactions that incur from the use of the Card and irrevocably authorize the Bank to settle all Transactions by debiting the Card Account. Where applicable, and in accordance to any applicable law, the Authorized Cardholder may also be liable for his acts and omissions.
(f) In the context of offering a better quality of service to the Bank’s customers, the Contactless Payments service is provided, in order to render Transactions faster and easier. During the use of this service, the Card does not come into direct contact with the terminal. For Transactions below a certain amount, which remains in restricted levels for security purposes, there is no need to enter a PIN or signature.
(g) The Card must not be used to obtain goods, tickets or services for resale in the course of a business or return for cash.
(h) When using the Card, the Cardholder and the Authorized Cardholder must comply with all applicable laws.
(i) The Card must not be used for illegal purposes.
The Merchant (Customer) undertakes to comply with all the terms and conditions of this contract and all laws relevant to the subject matter of this contract.
Dark Fiber Transport Dark Fiber Transport is defined as Dedicated Transport that consists of unactivated optical interoffice transmission facilities without attached signal regeneration, multiplexing, aggregation or other electronics. Except as set forth in Section 6.9.1 below, BellSouth shall not be required to provide access to Dark Fiber Transport Entrance Facilities pursuant to this Agreement.
Dark Fiber 8.1 Access to unbundled Dark Fiber will be provided by Verizon, where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offering.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where (1) one end of the Dark Fiber Loop terminates at Z-Tel's collocation arrangement and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber Loop, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.
Business Automobile Liability insurance with a combined Bodily Injury/Property Damage limit of not less than $1,000,000 each accident. The policy shall cover liability arising from the operation of licensed vehicles by policyholder.
PROCUREMENT CARD The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing Purchase Orders or Purchase Authorizations. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Cardholders can make purchases directly from any Contractor that accepts the Purchasing Card. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased Products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for Products returned as defective or faulty.
Merchant has the power and authority to authorize the automatic funds transfer provided for in the Merchant Agreement;
Company Automobile During the Term, the Company shall provide Executive use of a Company automobile with a lease value of up to One Thousand Five Hundred Dollars and Zero Cents ($1,500.00) per month for Executive’s business or personal use, less any required taxes or withholdings.
USE OF THE VEHICLE 15.1 The Customer agrees that, during the Rental Period, the Customer will not allow the Vehicle to be:
(a) driven otherwise than in a prudent and cautious manner. A single Vehicle rollover is considered a breach of this condition. A single Vehicle rollover may include, but is not limited to, a vehicle that has rolled, tipped or fallen over and this has caused damage to the side and/or roof area of the Vehicle in circumstances within the control of the Customer. Customers who have purchased The Bundle (in conjunction with the Liability Reduction Option) or the maui Inclusive Pack will have the cost of damage resulting from an accidental single vehicle rollover covered, provided that the Customer has not otherwise breached this agreement in relation to the rollover;
(b) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(c) left with the ignition key in the Vehicle while it is unoccupied;
(d) submerged in water, brought into contact with salt water, used in a creek or river crossing, driven on a beach or through flooded areas;
(e) used for any illegal purpose or in any race, rally or contest;
(f) used to tow any vehicle or trailer;
(g) used to carry passengers or property for hire or reward;
(h) used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified in this Agreement;
(i) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; and
(j) used for transporting and haulage of goods other than what might be reasonably expected of a leisure rental.
15.2 Road restrictions apply as follows:
(a) maui vehicles may only be driven on sealed/bitumen or well-maintained roads.
(b) Vehicles are not permitted to be driven on Skippers Road (Queenstown), the Crown Range Road (Queenstown), Ball Hut Road (Mt. Cook), Ninety Mile Beach (Northland), North of Colville Township (Coromandel Peninsula) and all ski field access roads (from 01 June to 31 October). The Customer is responsible for all damage if travelling on these roads.
15.3 We value your well-being, and for safety purposes, maui reserves the right, at its sole discretion, to restrict Vehicle movements in certain areas due to:
(a) adverse road or weather conditions;
(b) the distance to nominated destinations in relation to the length of the hire period; and informed and confirm the repair in advance. Repairs will be approved and reimbursement for expenditure will be made (where applicable) provided the Customer was not responsible for the damage. In all cases, receipts must be submitted for any repair or the claim will not be paid.
16.2 Unless the Customer has taken the Liability Reduction Option, the Customer will pay for the cost of repairing or replacing tyres damaged during the Rental Period except if the tyre is defective, and inspected and confirmed by a maui authorised service centre.
Originating Goods For the purposes of this Agreement, a good shall be treated as an originating good if it is:
(a) wholly obtained or produced in a Party as provided in Article 3.3 (Goods Wholly Obtained or Produced);
(b) produced in a Party exclusively from originating materials from one or more of the Parties; or
(c) produced in a Party using non-originating materials, provided the good satisfies the applicable requirements set out in Annex 3A (Product-Specific Rules), and meets all other applicable requirements of this Chapter.
