O.A Sample Clauses

O.A. Vendor shall warrant all products for a minimum period of one year (1 year) from date of sale to the end user. D&H and Large Format Retailers (thru D&H) may return defective product to Vendor for the length of the warranty for credit, not replacement or repair. As appropriate, D&H will request an RMA number for defective returns, which should be issued within 5 days from date of request. Vendor shall pay all freight charges incurred with defective returns, including those from Large Format Retailer to D&H. VOLUME REBATE: 2% of Net Purchases, to he paid quarterly Vendor, at its own expense, must: (a) defend, or at its option settle, any Claims against D&H, and any large format retailer resulting from (i) Vendor's breach of the Agreement, including but not limited to its representations and warranties, (ii) a Product recall, (iii) claims that the Product(s) caused personal injury, death or personal property damage, and (iv) claims that the Product(s) infringe a third party's patent, trade secret, copyright, trademark rights or other proprietary right where such rights are enforceable as of the Effective Date; and (b) pay any award, damages or costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or agree on in a settlement of any such Claim. D&H agrees to use its best efforts to give Vendor prompt written notice of any claims, to tender the defense to Vendor and to grant Vendor the right to control settlement and resolution. Vendor shall purchase and maintain a commercial general liability (occurrence) policy, which policy shall include coverage for premises and operations; products; contractual liability; broad form property damage, and personal injury liability. The policy shall have a combined single limit for bodily injury and property damage of $1,000,000 each occurrence; $1,000,000 for personal injury liability; $2,000,000 aggregate for products; and $5,000,000 general aggregate. D&H Distributing Co. shall be named as an additional insured tinder this policy and Vendor shall provide D&H a Certificate as evidence of such. The respective rights and obligations of the parties under this paragraph shall survive any termination of this Vendor Agreement.
Sample 1
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Related to O.A

  • COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor’s business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract.

  • Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor’s business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract.

  • Gross Beta Flags A = Result acceptable, Bias <= +/- 50% with a statistically positive result at two standard deviations (Result/Uncertainty > 2, i.e., the range encompassing the result, plus or minus the total uncertainty at two standard deviations, does not include zero). N = Result not acceptable, Bias > +/- 50% or the reported result is not statistically positive at two standard deviations (Result/Uncertainty <= 2, i.e., the range encompassing the result, plus or minus the total uncertainty at two standard deviations, includes zero).

  • Data Storage Where required by applicable law, Student Data shall be stored within the United States. Upon request of the LEA, Provider will provide a list of the locations where Student Data is stored.

  • Cellular Phone Executive is eligible to receive one cellular telephone issued through the Employer's corporate account for use on the Employer's business. The phone will remain the property of the Employer and must be returned upon termination of Executive's employment with the Employer.

  • BRAND NAME OR EQUALS/DEVIATIONS Unless otherwise specified, the mention of a particular manufacturer’s brand name or number in the specifications does not imply that this particular good is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of good that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with equal offers will result in the disqualification of the bid. The determination as to whether any alternate good or service is or is not equal shall be made solely by the County and such determination shall be final and binding upon all bidders. The County reserves the right to request and review additional information to make such a determination. Although the County provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the County. Award may not necessarily be given to the lowest bid offered. The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Unless the bid is in response to a “Brand Name or Equal” requirement, deviations from the specifications will only be considered if requested in writing prior to the date and time specified for receipt of bids. Deviations, if accepted, will be specifically addressed in writing via an addendum to this Invitation for Bids. Any goods or services that are not in compliance with the specifications will not be accepted.

  • Cell Phone Employee shall be provided with a cell phone, with e-mail capabilities, at Board expense. As a condition of receipt of said cell phone, employee is expected to be reachable as necessary and appropriate by the Superintendent and Board President for the thorough and efficient operation of the School District. Incidental personal use shall be permitted. Employees shall have the option of being reimbursed for the use of a personal smartphone in the amount of fifty dollars ($50.00) per month instead of accepting a district cell phone. As a condition of this reimbursement, employee must a) be reasonably available at all times via the personal phone; and b) take reasonable measures to protect the confidentiality of student and staff information being transmitted to and through said phone.

  • Full Access The Seller will permit representatives of the Buyer to have full access at all reasonable times, and in a manner so as not to interfere with the normal business operations of the Seller to the Property and to obtain copies of all books, records, contracts, and documents of or pertaining to the Property.

  • Progressive Discipline Both parties endorse the principle of progressive discipline as applied to professionals.

  • TOOL STORAGE 1. A company shall provide on all construction jobs in towns and cities, and elsewhere where reasonably necessary and practicable (or if requested buy the employee), a suitable and secure waterproof lock-up solely for the purpose of storing employees’ tools, and on multi-storey and major projects the company shall provide, where possible, a suitable lock-up for employees’ tools within a reasonable distance of the work area of large groups of employees. 2. Where an employee is absent from work because of illness or accident and has advised the company in accordance with Clause 33 – Personal Leave of the award, the company shall ensure that the employee’s tools are securely stored during his/her absence.

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