MUTUALLY AGREED THAT. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation.
MUTUALLY AGREED THAT. This Mortgage and the Collateral Agent's rights hereunder are and shall be at all times hereafter subject to the Collateral Agency Agreement, where applicable, and junior to the WMECO Indenture, and to any and all modifications and amendments thereof, and indentures supplemental thereto, including, without limiting the generality of the foregoing, a modification, amendment, or supplemental indenture which provides for the incurrence of additional indebtedness to be secured by the WMECO Indenture. Although the provisions of this paragraph shall be automatic and self-operative, and no further instrument shall be required, the Collateral Agent, upon request at any time and from time to time of the Mortgagor or the first mortgage indenture trustee under the WMECO Indenture, shall promptly execute and deliver to the requesting party an instrument in recordable form and satisfactory in substance to the requesting party, subjecting the Collateral Agent's rights under this Mortgage to the WMECO Indenture and/or to any such modification, amendment, and/or supplemental indenture, and the Collateral Agent further appoints the Mortgagor as the Collateral Agent's attorney-in- fact with full power and authority to execute and deliver in the name of the Collateral Agent any such instrument.
MUTUALLY AGREED THAT. Modifications to the facilities provided by FPL under this Agreement, other than for maintenance, may only be made through the execution of an additional Recreational Lighting Agreement delineating the modifications to be accomplished. Modification of FPL recreational lighting facilities is defined as the following:
MUTUALLY AGREED THAT. Requests for exchanging facilities, upgrades, relocations, etc. are subject to Section III, paragraph 3.05, of the Company’s General Rules and Regulations Governing Electric Service.
MUTUALLY AGREED THAT. If during the hauling operations the County Engineer or his designee determines excessive damage or dangerous conditions exist, the Contractor shall immediately discontinue hauling operations.
MUTUALLY AGREED THAT. Should said Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, Beneficiary shall be entitled to all compensation, awards, and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting said Property, are hereby assigned to Beneficiary in trust for the restoration of the Property, as necessary as a result of such damage or condemnation, after deducting therefrom all its expenses, including attorney's fees. Beneficiary may apply any such proceeds which are not necessary to restore such Property toward the indebtedness secured hereby. Trustor agrees to execute such further assignments of any compensation, award, damages, and rights of action and proceeds as Beneficiary or Trustee may require.
MUTUALLY AGREED THAT. The confidentiality of patients and patient information will be maintained as written and enforced by the Health Insurance Portability and Accountability Act (HIPAA). This MOA will go into effect at the time the MOA is signed by all parties. The duties of each party will not be required to be fulfilled until requested by the OSDH. The Provider would be considered a Push Partner in that it would not dispense medications or MCM to the “general public” but to identified staff, family members, patients, contacts, and specific groups outlined in the Provider’s Push Partner Plan and the XXX County HD MIPS Annex. The Provider will follow the dispensing directives of the OSDH and XXX County HD during MCM Operations. It is understood that the Provider’s participation is completely voluntary and may not be available/utilized at the time of the event. If so, the Provider would not be considered a Push Partner and their staff and/or specific groups would be required to attend a Public/OPEN POD operated by XXX County HD and not receive any preferential treatment.
MUTUALLY AGREED THAT members of both the staff of the Cooperating Agency and the faculty of the College will cooperate in the continuing evaluation of the use made of the clinical facility;
MUTUALLY AGREED THAT. The contract is to be effective September 1, 1996 and shall remain in effect for a period of one (1) year from said date and will be renewed for one year periods until canceled in writing.
MUTUALLY AGREED THAT. A. All requests for assignments of students to a position will be made bythe University to the District'sdesignee. TheDistrict'sdesigneewilldeterminethenumberofstudentsthat can be accommodated bythe District and may have to refuse the University's request if positions are not available.
B. The District's designee will make assignments of students to District personnel. In no case will University students or personnel make arrangements directly with District building personnel.
C. In assigningstudents, eachpartyrecognizesthatitmaybedesirableforstudentstowork with more than one mentor. The District to the extent possible will facilitate such arrangements.
D. Each party shall inform the other of changes in supervision, coordination, and expectations regarding the student placement experience.
E. Neither University nor the District shall employ any discriminatory practices in the assignment of students.
F. Representatives of the University and District shall meet as needed to plan, evaluate, and modify thestudentprogram.
G. Either the University or the District may discontinue the placement of a student following consultation between representatives of each institution.
H. The District, its employees and agents, are acting in an independent capacity in the performance of this agreement and not as officers, employees, or agents of the University.
I. There shall be no financial obligations between the District and the University except as provided below: None Honoraria(seeattached Appendix A) Tuition(seeattached Appendix A) Other(seeattached Appendix A)
J. The University agrees to indemnify and hold harmless the District, its officers, agents and employees from any and all claims and losses resulting from the University or its students' performance of this agreement.
K. The District agrees to indemnify and hold harmless the University from any and all claims andlossesresultingfromthe District'sperformance ofthisagreement.
L. This agreement constitutes the entire agreement between the parties and supersedes any other written or oral agreements between them regarding the same subject matter. This agreement may not be modified except by mutual written agreement of the parties. This agreement may not be assigned without the written consent of all parties. No delay or failure of either party to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of any other right hereunder.
M. This agreement shall be constr...
