Non-Discrimination and Other Requirements A. Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.
Limitations on Liability of Xxxxxxx Mac and Others Neither Xxxxxxx Mac nor any of its directors, officers, employees or agents shall be under any liability to the Holders or Beneficial Owners for any action taken, or not taken, by them in good faith under this Agreement or for errors in judgment. This provision will not protect Xxxxxxx Mac or any other related person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence or by reason of reckless disregard of obligations and duties under this Agreement. Xxxxxxx Mac and such related persons shall have no liability of whatever nature for special, indirect or consequential damages, lost profits or business, or any other liability or claim (other than for direct damages), even if reasonably foreseeable, or Xxxxxxx Mac has been advised of the possibility of such loss, damage, liability or claim. Xxxxxxx Mac and such related persons may rely in good faith on any document or other communication of any kind properly submitted by any person (in writing or electronically) with respect to any matter arising under this Agreement. In performing its responsibilities under this Agreement, Xxxxxxx Mac may employ agents or independent contractors. Except upon an Event of Default, Xxxxxxx Mac shall not be subject to the control of Holders in any manner in the discharge of its responsibilities pursuant to this Agreement. Xxxxxxx Mac shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its responsibilities under this Agreement and which in its opinion may involve it in any expense or liability. However, Xxxxxxx Mac may in its discretion undertake any such legal action which it may deem necessary or desirable in the interests of the Holders. In such event, the legal expenses and costs of such action shall be expenses and costs of Xxxxxxx Mac.
GOVERNING LAW AND OTHER REPRESENTATIONS: DIR Customer [ ] Unit of Texas Local Government hereby certifying that is has statutory authority to perform its duties hereunder pursuant to Chapter , Texas Code. [X] Non-Texas State agency or unit of local government of another state hereby certifying that it has statutory authority to enter in to this Interlocal Agreement and perform its duties hereunder pursuant to the Colorado Judicial Department Purchasing Fiscal Rules.
Compliance with State and Other Laws The CONSULTANT specifically agrees that in performance of the services herein enumerated by it or by a subcontractor or anyone acting in behalf of either, that it or they will exercise the standard of care to comply with state, federal and local statutes, ordinances, and regulations applicable to the performance of this Agreement.
System Protection and Other Control Requirements Developer shall provide, install and test relay protection systems at the Merchant Transmission Facility to interface with those systems installed by Connecting Transmission Owner at the West 49th Street Substation.
Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed
Definitions and Other Provisions of General Application SECTION 101.
Sections and Other Headings The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Financial and Other Covenants Borrower shall at all times comply with the financial and other covenants set forth in the Schedule.
LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: Agreement between the European Union and the government of the Republic of Turkey on certain aspects of Air Services 18268/11 DG C I C KSM/kst EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (hereinafter "Turkey") of the other part (hereinafter "the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and third countries, NOTING that under Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the Union and third countries, HAVING REGARD to the agreements between the Union and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with Union law, RECOGNISING that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services agreements concluded between Member States of the Union and Turkey which i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or concerted practice; or iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings, NOTING that it is not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:
