Mutual Understandings Sample Clauses
Mutual Understandings. We shall engage in transactions with you and conclude them in a manner consistent with good faith.
Mutual Understandings. 10.1 City approvals given pursuant to this Agreement or actions taken hereunder shall not be construed as any warranty or representation to Customer or any third party regarding the safety, durability, reliability, performance or fitness of Customer’s generation and service facilities, its control or protective devices or the design, construction, installation or operation thereof.
10.2 City (including its employees, agents and representatives) shall have the right to enter Customer’s premises at all reasonable times to (a) inspect Customer’s GF, protective devices, and to read or test instrumentation equipment that City may install, provided that as reasonably possible, notice is given to Customer prior to entering its premises; (b) maintain or repair City equipment; (c) disconnect the GF without notice if, in City’s opinion, a hazardous condition exists and such immediate action is necessary to protect persons, City facilities or other customers’ or third parties’ property and facilities from damage or interference caused by Customer’s GF, or improperly operating protective devices (d) open the Disconnect Switch if an operating clearance is required by City personnel.
10.3 City will not install and maintain any lines or equipment on Customer’s side of the Point of Interconnection except possibly its meter and some research equipment. For the mutual protection of Customer and City, only authorized employees of City are permitted to make and energize the service connection between the City system and the Customer’s service entrance conductors. Such employees carry credentials, which they will show to Customer upon request.
10.4 Notwithstanding any other provisions of this Agreement, WEC shall have the right to unilaterally file with City Council , pursuant to the Council rules and regulations, an application for a change in requirements, charges, classification, or service, any rule, regulation or agreement relating hereto.
Mutual Understandings. The parties mutually agree to the following provisions:
1. It is the Company’s policy not to provide the reasons for any employee’s departure unless required by law. Therefore, any prospective employer who makes an inquiry to the Human Resources Department about your employment shall contact the Company’s Head of Human Resources or her designee, who will confirm only the dates of your employment, the positions you held, and your compensation (provided that compensation information will be provided only if you submit written authorization releasing this information to the Company’s Head of Human Resources or her designee or to the extent required by subpoena, court order or law).
2. Notwithstanding the foregoing Xxxxxxxxx X.0, nothing herein shall limit the Company’s ability to make any disclosures required by the securities laws or the rules and regulations of the SEC or of any stock exchange on which the Company’s shares are listed, including (a) the filing of a Current Report on Form 8-K to disclose the fact of your separation and the financial arrangements memorialized hereby , (b) the inclusion of information regarding compensation paid to you as required in any filing with the SEC made by the Company and (c) the filing of this Agreement as an exhibit to the Company’s periodic reports filed pursuant to the Securities Exchange Act.
3. Nothing herein is intended to or shall be deemed to constitute an admission that the Company or any of the other Releasees have violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract, or committed any wrongdoing whatsoever against you or otherwise. Neither this Letter Agreement nor any of its terms may be used as an admission or introduced as evidence as to any issue of law or fact in any proceeding, suit or action, other than an action to enforce this Letter Agreement. Moreover, by signing this Letter Agreement you acknowledge that you are not aware of any wrongdoing or fraudulent or unlawful conduct on the part of the Company or the Releasees.
4. In the event that any provision of this Letter Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby. Moreover, if any provision contained in this Letter Agreement is held to be excessively broad as to duration, scope, activity or subject, that provision will be construed by limiting and reducin...
Mutual Understandings. For the avoidance of doubt, the parties acknowledge and agree as follows:
4.1 The parties acknowledge and agree that FoodCorps AmeriCorps Members are not employees or agents or independent contracts of FoodCorps or Site. FoodCorps AmeriCorps Members are a separate federal designation – AmeriCorps volunteers.
4.2 Site is only authorized to administer the Program in the FoodCorps State. This Agreement does not authorize Site to facilitate the Program in any other state, nor does this Agreement provide any indication or assurance of any preference on behalf of FoodCorps to offer the Program in any state other than the FoodCorps State, through Site or otherwise.
4.3 FoodCorps is the sole owner of, and retains all rights in and to, the Program and any and all intellectual property of FoodCorps. Site’s administration of the Program within the FoodCorps State confers no rights onto Site with respect to the Program or FoodCorps’ intellectual property other than those expressly granted in this Agreement.
4.4 FoodCorps’ ability to operate the Program, and its ability to provide FoodCorps AmeriCorps Members to serve in the FoodCorps State, is dependent on the levels at which AmeriCorps funds FoodCorps as an AmeriCorps program and continues FoodCorps’ corresponding grant, and on FoodCorps’ receipt of funding from sources other than AmeriCorps. Site acknowledges that receipt by FoodCorps of such funding is outside of FoodCorps’ control, and that such funding may affect the number or placement of FoodCorps AmeriCorps Members within the FoodCorps State. Site understands and agrees that FoodCorps does not guarantee (a) placement of any particular number of FoodCorps AmeriCorps Members regardless of targets or (b) replacement of FoodCorps AmeriCorps Members who are suspended or terminated or who resign.
4.5 Site may conduct fundraising activities to support the Site Fee and costs associated with local Program implementation (garden construction, curriculum materials, supervisor time, etc.). Prior to commencing any fundraising activities related to the Site Fee in which Site intends to raise $1,000 or more, Site must notify FoodCorps in advance of launching such fundraising activities.
4.6 FoodCorps welcomes advice and suggestions from Site, but FoodCorps has no obligation to modify the Program to incorporate any such advice or suggestions. FoodCorps is the sole owner of the Program, including its fundamental operating structure at the national, state, and local level.
Mutual Understandings. 10.1 Customer hereby grants APS permission to install certain instrumentation equipment, including AMI Devices, at a location on Customer’s premises that is mutually agreed to by the Parties. Such equipment shall be owned, furnished, installed and maintained by APS at its sole cost and shall not interfere with Customer’s use and operation of its premises; provided, however, Customer shall afford APS continuing access to this equipment consistent with the requirements of APS’ tariffs.
10.2 APS’ makes no warranty or representation to Customer or any third party regarding the safety, durability, reliability, performance or fitness of Customer’s GF or service facilities, its control or protective devices or the design, construction, installation or operation thereof.
10.3 Customer acknowledges that the third party contractors that Customer uses to provide, install or maintain its GF (“Third Party Contractors”) are not agents, contractors, or employees of APS. Certain Third Party Contractors may use APS trademarks or logos, such as but not limited to the logo “APS Qualified Solar Installer,” to promote various APS incentive or referral programs, or to indicate such Third Party Contractor is qualified to participate in such APS programs. However, customer understands and agrees that the Third Party Contractor is retained by Customer as an independent contractor and that the Third Party Contractor is solely responsible for the goods, equipment, materials and all services provided by the Third Party Contractor to Customer for the GF. Customer hereby indemnifies, releases and holds APS, its officers, directors, employees, agents, representatives, affiliates, successors and assigns harmless from any liability, damage, cost, or expense, including reasonable attorneys’ fees and legal costs, that arise out of or result from the Third Party Contractor’s sale or use of goods, equipment, materials or its performance of services.
10.4 APS (including its employees, agents and representatives) shall have the right to enter Customer’s premises at all reasonable times to (a) inspect Customer’s GF, protective devices, and to read or test instrumentation equipment that APS may install, provided that reasonable notice is given to Customer prior to entering its premises; (b) maintain or repair APS equipment; (c) immediately and without prior notice disconnect or cause Customer to immediately disconnect, the GF or otherwise render the GF disconnected from the APS system (including ...
Mutual Understandings. This Agreement is entered into in furtherance of Executive Order No. 13502 (February 6, 2009). It is mutually understood and agreed that the terms and conditions of this Agreement are intended to promote the public interest in obtaining timely and economical completion of the Project by encouraging productive and efficient construction operations; by establishing a spirit of harmony and cooperation among the Parties; and by providing for peaceful and prompt settlement of any and all labor grievances or jurisdictional disputes of any kind without strikes, lockouts, slowdowns, delays or other disruptions to the prosecution of the Project Work. In furtherance of this goal, the Parties agree that this Agreement will be made available to all proposers or bidders for the Project Work and will fully apply to any successful proposer or bidder performing the Project Work. Further, the Contractors shall be selected without regard to whether they perform work at other sites on either a union or a non-union basis, and without regard to whether employees of such Contractors are or are not members of any Union. This Agreement shall not apply to any Contractor for work that is performed on work other than the Project. The Unions hereby pledge to work cooperatively on the Project with all Contractors awarded Project Work.
Mutual Understandings. It is agreed the attainment of objectives of the educational program of the District is enhanced by mutual understanding and cooperation between the Board, the Superintendent, and administrative and supervisory staff, and the licensed teachers and other licensed personnel of the District. It is recognized that teaching is a profession requiring specialized educational qualifications and that the success of the educational program in the District is enhanced by the maximum utilization of teachers who are reasonably proficient with the conditions under which their services are rendered.
Mutual Understandings. An SF-97 will be issued in the COOPERATOR’S name (but held by the COMMISSION) by the US Government to be used to apply for the title. (NOTE: the title will be in the COOPERATOR'S name and not an individual member's name). The COMMISSION will hold the SF-97 until the COOPERATOR has placed the vehicle in operation as required under this agreement.
Mutual Understandings. The parties agree that the SEAL Early Learning Sustainability package is a part of a comprehensive approach to ensuring increased longevity and consistency in the successful replication of the SEAL Early Learning Model, and supports on-going infusion of multiple aspects of instruction, curriculum, teaching and learning. Successful and sustainable replication rests upon basic understandings: ● Language and cognitive development for young English Learners is strengthened through an articulated Early Learning developmental model. This requires equal participation, collaboration, and alignment of the early childhood education and the K-6 systems. ● Meaningful, articulated and consistent implementation Early Learning of instructional improvement and curriculum realignment to the Common Core require an investment in professional development, coaching, and grade-level collaboration and planning. ● Biliteracy is an asset, with many benefits to children and society. Furthermore, the home language plays a powerful role in language and literacy development for young dual language children along with the development of English. Both bilingual programs and SEI classroom settings have a role to play in affirming bilingual development. ● The Model is simultaneously a powerful early foundation for English Learners and an implementation of the Common Core language arts standards for all students. Both call for a sustained multi-year investment in curriculum realignment, professional development and building institutional capacity. “Holding the course” during replication as well as a strategic and intentional sustainability effort will produce the deepest outcomes the model can deliver. ● The District is fully committed to this SEAL Early Learning Sustainability package and has secured affirmative support for replicating the Model across multiple levels of stakeholders in the district – teachers, coaches, principals, district staff, Superintendent and school board.
Mutual Understandings. The parties acknowledge that the 4th - 6th Grades Model is a comprehensive approach that infuses multiple aspects of instruction, curriculum, teaching and learning. Successful 4th - 6th Grades Model implementation rests upon basic understandings: ● Language and cognitive development for young English Learners is strengthened through an articulated 4th - 6th grades developmental model. This requires equal participation, collaboration, and alignment of the early childhood education and the 4th - 6th grades systems. ● Meaningful, articulated and consistent implementation 4th - 6th grades of instructional improvement and curriculum realignment to the Common Core require an investment in professional development, coaching, and grade-level collaboration and planning. ● Biliteracy is an asset, with many benefits to children and society. Furthermore, the home language plays a powerful role in language and literacy development for young dual language children along with the development of English. Both bilingual programs and SEI classroom settings have a role to play in affirming bilingual development. ● The 4th - 6th Grades Model is simultaneously a powerful early foundation for English Learners and an implementation of the Common Core language arts standards for all students. Both call for a sustained multi-year investment in curriculum realignment, professional development and building institutional capacity. “Holding the course” over the 2 year duration of the implementation effort will produce the deepest outcomes the 4th - 6th Grades Model can deliver. ● The District is fully committed to implementation and has secured affirmative support for replicating the 4th - 6th Grades Model across multiple levels of stakeholders in the district – teachers, coaches, principals, district staff, Superintendent and school board.