Paragraph VII Sample Clauses

Paragraph VII. The EC does not have the authority to negotiate wages, hours, nor terms and conditions of employment.

Paragraph VII. Cost Report, subparagraph A. (but not including subparagraphs A.1, A.2 and A.3), of the Contract is deleted in its entirety and replaced with the following: A. CONTRACTOR shall submit separate Cost Reports for each Period, or for a portion thereof, to COUNTY no later than sixty (60) calendar days following the period for which they are prepared or termination of this Contract. CONTRACTOR shall prepare the Cost Report in accordance with all applicable federal, state and COUNTY requirements, GAAP and the Special Provisions Paragraph of this Contract. CONTRACTOR shall allocate direct and indirect costs to and between programs, cost centers, services, and funding sources in accordance with such requirements and consistent with prudent business practice, which costs and allocations shall be supported by source documentation maintained by CONTRACTOR, and available at any time to ADMINISTRATOR upon reasonable notice.”

Paragraph VII. A. of the ORIGINAL LICENSE shall be replaced in its entirety with the following: A. Any request, notice, report, approval, payment, communication or other document required or permitted under this Agreement will be in writing (except in the case of verbal communications and teleconferences updating either Party as to the status of work hereunder), and will be deemed given (1) when delivered personally; (2) when sent by confirmed facsimile (followed by the actual document sent by commercial express courier specifying next day delivery, with written verification of receipt); (3) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (4) one (1) day after deposit with a commercial express courier specifying next day delivery, with written verification of receipt. All communications will be sent to the address set forth below or such other address as either Party may designate from time to time in accordance with this Paragraph VII.A. If to UTMDACC: The University of Texas M. D. Xxxxxxxx Cancer Center Office of Technology Commercialization 0000 X. Xxxx, Xxxxx 000, Xxxx 0000 Xxxxxxx, XX 00000 ATTENTION: Xxxxxxx X. Xxxx [**] = Portions of this agreement have been omitted pursuant to a confidential treatment request. An unredacted version of this agreement has been filed separately with the Commission. with copy to: BOARD OF REGENTS The University of Texas System 000 Xxxx 0xx Xxxxxx Xxxxxx, XX 00000 ATTENTION: Office of General Counsel If to Licensee: VP, Business Development c/o Antigenics Inc. 0 Xxxxxx Xxxx Xxxxxxxxx, XX 00000 With a copy to: Senior Attorney c/o Antigenics Inc. 0 Xxxxxx Xxxx Xxxxxxxxx, XX 00000 (or at such other address in care of such other person as hereafter shall be designated in writing by any party).

Paragraph VII. Cost Report, subparagraph A. (but not including subparagraphs A.1, A.2 and A.3) of the Contract is deleted in its entirety and replaced with the following: 1. “A. CONTRACTOR shall submit separate individual and/or consolidated Cost Reports for Period One, Period Two, Period Three, and Period Four, or for a portion thereof, to COUNTY no later than sixty (60) calendar days following the period for which they are prepared or termination of this Agreement. CONTRACTOR shall prepare the individual and/or consolidated Cost Report in accordance with all applicable federal, state and COUNTY requirements, GAAP and the Special Provisions Paragraph of this Agreement. CONTRACTOR shall allocate direct and indirect costs to and between programs, cost centers, services, and funding sources in accordance with such requirements and consistent with prudent business practice, which costs and allocations shall be supported by source documentation maintained by CONTRACTOR, and available at any time to ADMINISTRATOR upon reasonable notice. In the event CONTRACTOR has multiple Agreements for mental health services that are administered by HCA, consolidation of the individual Cost Reports into a single consolidated Cost Report may be required, Report.”

Paragraph VII. Cost Report, subparagraph A. (but not including subparagraphs A.1, A.2 and A.3) of the Contract is deleted in its entirety and replaced with the following: A. CONTRACTOR shall submit separate individual and/or consolidated Cost Reports for each Period, or for a portion thereof, to COUNTY no later than sixty (60) calendar days following the period for which they are prepared or termination of this Contract. CONTRACTOR shall prepare the individual and/or consolidated Cost Report in accordance with all applicable federal, state and COUNTY requirements, GAAP and the Special Provisions Paragraph of this Contract. CONTRACTOR shall allocate direct and indirect costs to and between programs, cost centers, services, and funding sources in accordance with such requirements and consistent with prudent business practice, which costs and allocations shall be supported by source documentation maintained by CONTRACTOR, and available at any time to ADMINISTRATOR upon reasonable notice. In the event CONTRACTOR has multiple contracts for mental health services that are administered by HCA, consolidation of the individual Cost Reports into a single consolidated Cost Report may be required, as stipulated by ADMINISTRATOR. CONTRACTOR shall submit the consolidated Cost Report to COUNTY no later than five (5) business days following approval by ADMINISTRATOR of all individual Cost Reports to be incorporated into a consolidated Cost Report.”

Paragraph VII. Cost Report, subparagraph A. (but not including subparagraphs A.1, A.2 and A.3), of the Contract is deleted in its entirety and replaced with the following: “Amount Not To Exceed: Period One Amount Not To Exceed: $ 5,107,348 Period Two Amount Not To Exceed: 6,103,390 Period Three Amount Not To Exceed: 6,103,390 TOTAL AMOUNT NOT TO EXCEED: $17,314,128”

Paragraph VII. A. of the Agreement is hereby amended and restated as follows: A. The obligations arising hereunder, including those from the Revolving Note, shall be secured by accounts, inventory ("Qualified Inventory" is defined in the attached Security Agreement), equipment and general intangibles more particularly described in the Security Agreement attached hereto as Exhibit "B" and made a part hereof ("Security Agreement"). This Security agreement is executed in accordance with the increase in the Revolving Line of Credit to $1,750,000.00. Except as otherwise provided herein, all of the terms and conditions of the Agreement shall remain in full force and effect until all of the Borrower's obligation to the Lender have been fully discharged. This Agreement shall be binding on Borrower, Lender, and their respective successors and assigns and shall inure to the benefit of the Borrower, Lender, and their respective successors and assigns. Agreed to as of the date first written above. NATIONAL ENVIRONMENTAL SERVICE COMPANY By:______________________________________ Xxxx Xxxxxxxxx, President "Borrower" BANK IV OKLAHOMA, N.A. By:______________________________________ Xxxx X. Xxxxxx, Senior Vice President "Lender" FIFTH AMENDMENT TO CREDIT AGREEMENT This Fifth Amendment to Credit Agreement ("Fifth Amendment") is made and entered into as of this 18th day of March, 1996, by and between BANK IV Oklahoma, N.A., Tulsa, Oklahoma ("Lender") and NATIONAL ENVIRONMENTAL SERVICE COMPANY ("Borrower").

Paragraph VII. A. of the Agreement is hereby amended to include the following: A. The obligations arising hereunder, including those from the Leigh Revolving Note and Leigh Term Note, shall be secured by a first perfected security interest in accounts, inventory ("Qualified Inventory" is defined in the attached Security Agreement), equipment and general intangibles of the Borrower more particularly described in the Security Agreement attached hereto as Exhibit "C" and made a part hereof ("Leigh Security Agreement").

Paragraph VII. Cost Report, subparagraph A. (but not including subparagraphs A.1 through A.3), of the Contract is deleted in its entirety and replaced with the following: A. CONTRACTOR shall submit an individual and/or consolidated Cost Report for each Period, or for a portion thereof, to COUNTY no later than forty–five (45) calendar days following the period for which they are prepared or termination of this Contract. CONTRACTOR shall prepare the individual and/or consolidated Cost Report in accordance with all applicable federal, state and COUNTY requirements, GAAP and the Special Provisions Paragraph of this Contract. CONTRACTOR shall allocate direct and indirect costs to and between programs, cost centers, services, and funding sources in accordance with such requirements and consistent with prudent business practice, which costs and allocations shall be supported by source documentation maintained by CONTRACTOR, and available at any time to ADMINISTRATOR upon reasonable notice. In the event CONTRACTOR has multiple contracts for mental health services that are administered by HCA, consolidation of the individual Cost Reports into a single consolidated Cost Report may be required, as stipulated by ADMINISTRATOR. CONTRACTOR shall submit the consolidated Cost Report to COUNTY no later than five (5) business days following approval by ADMINISTRATOR of all individual Cost Reports to be incorporated into a consolidated Cost Report. “ This Amendment No. 5 modifies the Contract, including all previous amendments, only as expressly set forth herein. Wherever there is a conflict in the terms or conditions between this Amendment No. 5 and the Contract, the terms and conditions of this Amendment No. 5 prevail. In all other respects, the terms and conditions of the Contract not specifically changed by this Amendment No. 5 remain in full force and effect.