of this Agreement. If the State elects to accept the defective or nonconforming Work, a Change Order will be issued to reflect a reduction in the Contract Sum. The Architect will recommend to the State the value of diminishment of the defective or nonconforming Work. Such adjustment shall be effected whether or not final payment has been made.
of this Agreement. The primary frequency response requirements contained herein shall apply to both synchronous and non-synchronous Small Generating Facilities.
of this Agreement. The employee shall give the Employer at least two (2) weeks’ notice, in writing that she intends to take parental leave.
of this Agreement. In consideration of the mutual agreements herein contained, the Depositor, the Master Servicer, the Special Servicer and the Trustee hereby agree, in each case, as follows:
of this Agreement. The test of just cause for rejection shall be a test of suitability of the probationary employee for continued employment in the position to which she has been appointed, provided that the factors involved in suitability could reasonably be expected to affect work performance.
of this Agreement. The expenditures pertaining to the current obligations, which did not become mature by the date of the termination of the Agreement, are not eligible for the purposes of this Agreement and cannot be paid to the Final Beneficiary.
of this Agreement. If no request for the final payment is received within this time limit, DZS shall not contribute to the financing of any expenditure incurred by the Beneficiary up to the date of the termination of the Agreement, and the Beneficiary shall repay any amount of pre-financing granted by DZS, which is not justified by a final report requested and approved by DZS. By way of exception, at the end of the period of notice referred to in Art. 13.3 of this Agreement, where DZS is terminating the Agreement because the Beneficiary has failed to produce the final report within the deadline stipulated in Art. 5.3 of this Agreement and the Beneficiary has still not complied with this obligation within the grace period following the written reminder sent by DZS, DZS shall not pay the expenditures incurred by the Beneficiary by the date of the completion of the project and shall recover the whole amount of the granted pre-financing. Force majeure" shall mean any unforeseeable exceptional situation or event beyond the parties' control, which prevents either of them from fulfilling any of their obligations under the Agreement, which was not attributable to error or negligence on their part and which proves to be inevitable in spite of exercising all due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of force majeure, as well as labour disputes, strikes or financial difficulties cannot be invoked as force majeure.
of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartmentas mentioned below:
(i) The Allottee shall have exclusive ownership of the Apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the Apartmentincludes recovery of price of land, construction of not only the Apartment but also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the Apartment along with garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely sum of Rs , (Rupees Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
of this Agreement. The TSP acknowledges and agrees that it shall not be relieved from any of its obligations under this Agreement or be entitled to any extension of time or any compensation whatsoever by reason of the unsuitability of the Site or Transmission Line route(s).
of this Agreement. The General Partner shall, upon receiving any request of the Mortgage lender requesting such action, dismiss the Management Agent as the entity responsible for management of the Apartment Housing under the terms of the Management Agreement; or, the General Partner shall dismiss the Management Agent at the request of the Special Limited Partner.
