Other Conditions and Provisions Sample Clauses
Other Conditions and Provisions. A. It is agreed that this document constitutes the entire scope of the Memorandum Agreement between the parties and all previous communication between the parties, whether oral or written, are void and superseded.
B. Both the SWCC and the SWWDB must agree to any change, revisions, modification or amendment to the terms and provisions of this agreement, by way of a written amendment, fully executed by both parties, prior to any change becoming effective.
C. Both the SWCC and the SWWDB commit to a positive, interactive and workforce focused relationship. In the event of a disagreement between the parties, each party shall appoint four (4) of their voting members to a Conference Committee to resolves differences and reach a consensus agreement. The Chief Local Elected Official (XXXX) of the SWCC shall chair the Conference Committee. A tie vote will be broken by the XXXX.
D. Neither party has the right or power to assign, subcontract, or transfer any duties or interest in this agreement unless such assignment is authorized win writing by both parties.
E. The Chairperson of the SWWDB and Chief Local Elected Official (XXXX), or in their absence or disability, the First Vice‐chairperson of the SWWDB and Vice‐Chairperson of the SWCC, shall be signatories for the SWWDB and the SWCC respectfully when the authorized to execute any documents for their respective organizations.
F. The duration of this agreement shall be from the date of execution by each member of the SWCC and the Chairperson of the SWWDB and is perpetual throughout the existence of the Southwest Wisconsin Workforce Development Board, Inc.
G. The SWWDB shall keep current with the payment of all employer taxes, workers compensation and unemployment tax payments, and shall file timely reports required by the IRS and the Wisconsin Department of Revenue.
Other Conditions and Provisions. 8.1 LICENSEE agrees that all Products to the extent reasonably practicable must have a notice that attributes ownership of Braintech Software to Braintech. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their respective, duly authorized representative on the day and year first above written Braintech CANADA, Inc. /s/ Oxxx Xxxxx Signature Oxxx Xxxxx Name December 23, 2004 Date ABB Inc. /s/ Jxxxx Xxxxxx Signature Jxxxx Xxxxxx Name January 9, 2005 Date Between and ABB Robot Automation, a division of ABB Inc. ("LICENSEE"), 1000 Xxxxx Xx. Xxxxxx Hills, MI. 48326-1507 Effective Date: January 1, 2005 IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows:
Other Conditions and Provisions. (a) Operation and Maintenance of Culleoka’s Water System. Princeton assumes no responsibility for the operation and maintenance of any portion of Culleoka's water system.
Other Conditions and Provisions. 1LICENSEE agrees that all Products to the extent reasonably practicable must have a notice that attributes ownership of Braintech Software to Braintech. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their respective, duly authorized representative on the day and year first above written BRAINTECH CANADA INC. /s/ Xxxx Xxxxx Signature Xxxx Xxxxx Name January 29, 2004 Date ABB INC. /s/ Xxxxxx X. Xxxxxx Signature Xxxxxx X. Xxxxxx Name January 28, 2004 Date EXHIBIT 7 eVF DEVELOPER'S SOFTWARE LICENSE AGREEMENT Between Braintech Canada Inc. ("Braintech") 102 - 000 Xxxx 0xx Xxxxxx Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 and LICENSEE NAME: ABB Robot Automation, a division of ABB Inc. ("LICENSEE"), 0000 Xxxxx Xx. Auburn Hills, MI. 48326-1507 Effective Date: February 1, 2004 IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows:
Other Conditions and Provisions. 15.1 Marubeni as Exclusive System Integrator will at all time use its reasonable efforts to integrate the Technology for better quality and performance as a complete Products.
15.2 Marubeni as Master Distributor will at all time use its commercially reasonable endeavors to promote the Products in the Territory.
15.3 Marubeni will diligently and faithfully operate as a licensee of Braintech, and will not use any of the Technology, or any information gained from the rights granted under this Agreement, except for the mutual benefit of Braintech and Marubeni as contemplated hereunder.
15.4 Marubeni is not relieved of any of its liability or obligations under this Agreement by entering into any Sub-Contract or Sub-License.
15.5 Subject to no less than 14 days' prior notice, Marubeni must use reasonable efforts to give Braintech and it's authorized representatives reasonable access during normal working hours to the workshops and factories of themselves and any Sub-Contractors or Sub-Licensees where any relevant work, including research, development and integration, is carried out under this Agreement.
15.6 Marubeni agrees that all Products to the extent reasonably practicable must have affixed to and/or stamped on them a notice, which attributes ownership of intellectual property rights to Braintech ("Attribution Notice"). Where Marubeni deems the fixing of an Attribution Notice is not practicable it must so advise Braintech and obtain Braintech's written agreement that shall not be reasonably withheld. Braintech prior to the Products being mass-produced must approve the Attribution Notice and the manner in which it is displayed on the Products. The Parties acknowledge that the system integrator's nameplate may be fixed and/or stamped on the Products integrated by Marubeni or its Sub-Contractor to specify country of origin and integrator.
Other Conditions and Provisions. 28.1. Nothing contained in this Contract shall be deemed to create a contractual relationship with or a cause of action in favor of any third party against Contractor or Owner.
28.2. Contractor shall not assign the Contract without the prior, written consent of the Owner. Owner may freely assign this Contract. Contractor recognizes that, in connection with entering into this Contract, or at any time thereafter, Owner may be required to collaterally assign to a construction lender for, or equity investor, in the Project its right and interests under this Contract, without their assuming Owner’s rights and obligations hereunder and hereby consents to any such collateral assignment and agrees, upon Owner’s request, to execute and deliver to Owner the Contractor’s consent to such collateral assignment in a form reasonably required by such construction lender or equity investor. Contractor further hereby consents to the assignment of Owner’s rights under this Contract, including without limitation, the right to enforce Contractor’s covenants and warranties hereunder, to any purchaser of the Project or a portion thereof from Owner.
28.3. All Contract Documents are the property of their respective owners, who shall retain all common law, statutory and other reserved rights, including copyrights, therein. Neither Contractor nor the Contractor Representatives shall own or claim a copyright in any of the Contract Documents. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of any copyrights or other reserved rights in the Contract Documents. Contractor and the Contractor Representatives are authorized to use and reproduce the Contract Documents solely and exclusively for performance of the Work. All copies of the Contract Documents made under this authorization shall bear the copyright notice, if any, shown on thereon. Neither Contractor nor the Contractor Representatives may use the Contract Documents other than in connection with the Work without the specific written consent of Owner and the owner of such documents.
28.4. In the event that the Work is damaged and/or destroyed by terrorist acts, then the Contractor shall not be liable for such damages and shall not be obligated to correct the Work that has been damaged by such acts and/or to complete or rebuild the Work if destroyed by such acts, unless the Owner and Contractor execute a mutual...
Other Conditions and Provisions. 1- All the accounts, of any type whatsoever, opened at present or to be opened subsequently in the name of the customer at the bank or any of its branches inside or outside Kuwait, shall be deemed to secure each other regardless of the names assigned thereto. The Bank shall have the right to merge or consolidate all or several of these accounts and apply the credit balance in any of them to settle the debit balance in other of these accounts or freeze the credit balance in any such account until the Customer shall have performed all its obligations toward the Bank. The Customer authorizes the bank to set-off and deduct the credit balance and to effect all records, settlements and transfers in any accounts opened or to be opened in the name of the Customer at any of the Bank's branches inside or outside Kuwait.
2- All the funds, financial and commercial paper, precious metals, merchandise and other rights of any kind whatsoever, records or deposited at present or to be recorded or deposited in the future in the name of the Customer at the Rank or any of its branches inside or outside Kuwait. shall be deemed to be charged in favor of the Bank by way of guarantee and security for all the Customer's obligations toward the Bank, without the need for a specific declaration to this effect. The Bank shall have the right to recover its entitlements and collect its debt directly horn the aforesaid funds by way of set-off in priority and preference to any other creditor, without the need to give notice or warning or to take any other legal action. The Customer undertakes to sign all assignments, subrogations, mortgage deeds, powers of attorney and any other documents that the Bank may require and to execute such instruments in order to establish and secure its rights arising herefrom. The Customer authorizes the Bank all things that may need to be signed on the Customers behalf in order to give effect to the aforesaid.
3- The Customer shall, within three months from the end of the financial year, provide the Bank with its annual balance sheet, certified by a public accountant (auditor), and a statement of its financial position every six months or year, as may be determined by the bank, as well a comprehensive reports on its financial position during the forthcoming period. The Customer shall respond to all the enquiries that may be made by the Bank in this regard arid such response shall be supported by documentary evidence.
Other Conditions and Provisions. (a) Notwithstanding the provisions of Section 27: Except if Landlord in its sole discretion based on sound engineering and fiscal principles determines that the Tower has become structurally unsound, should be withdrawn from use as a water storage facility, or has become hazardous or dangerous to persons or property for any reason or except if the Leased Premises, Access Easement, or Utility Easement is damaged due to Tenant's negligence or Tenant's agents' or contractors' negligence, Landlord, at Landlord's expense shall maintain in good condition and repair the Tower, Landlord's land surrounding the Tower, the Access Easement, and the Utility Easement. Landlord has the responsibility of observing Tower lights requirements and keeping applicable records (including records of notification to Federal Aviation Administration of any failure or repairs of the Tower and any corrections of same). If Landlord has the duty to maintain and repair the Tower, Leased Premises, Access Easement and/or Utility Easement and if Landlord fails to maintain and repair as required hereunder so as to render all or any part of the Leased Premises, Access Easement, or Utility Easement materially unusable for Tenant's intended use, rent shall xxxxx while Landlord, at Landlord's expense, promptly restores the Leased Premises, Access Easement, and Utility Easement to its condition prior to such damage; provided, however, in the event Landlord fails to so repair the Leased Premises. Access Easement or Utility Easement, as the case may be, within thirty (30) days of said damage, Tenant shall have the right to;
(i) terminate this Lease without further obligations from Tenant to Landlord hereunder and without affecting Tenant's remedies permitted by law, equity, and/or this Lease for Landlord's breach of this Lease; or
Other Conditions and Provisions. The Particular Conditions associated with the fare paid, duly informed by the Carrier and accepted by the Passenger before the purchase process, shall apply to the Ticket. - Any change requested by the ticket holder must comply with the regulations regarding the fare paid and/or the applicable regulations. - Any change requested by the Passenger that implies the issuance of a new Ticket shall be at the expense and cost of the Passenger, ensuring they are fully aware of the financial implications of their decisions. - The illegality, invalidity, or nullity of any provision of this Agreement, under any applicable law, shall not affect the legality, validity, or effectiveness of this or any other provision, and, to this extent, this Agreement is "severable."
Other Conditions and Provisions. PROVIDED always and it is hereby agreed: