Paragraphs that Must Maintain Substantial Compliance Sample Clauses

Paragraphs that Must Maintain Substantial Compliance. According to the Monitoring Team, the County has achieved substantial compliance with the following substantive paragraphs of the MOA: 9, 10, 12, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 44, and 45. The parties agree that the County has achieved substantial compliance with these paragraphs, but has yet to maintain one year of substantial compliance. a. If paragraphs 12, 18, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 35, 36, 38, 39, 40, 41, 44, and 45 maintain substantial compliance through October 31, 2012, these paragraphs shall be fully satisfied and shall terminate as of that date. b. For paragraphs 9, 10, 19, and 37, to ensure the sustainability of reforms, the parties agree that, notwithstanding the date on which each paragraph was deemed to be in substantial compliance by the Monitoring Team, the County shall maintain substantial compliance with each paragraph through December 31, 2012. The Monitoring Team shall continue to evaluate and report on the status of these paragraphs through December 31, 2012. Thereafter, based on the Monitoring Team’s assessment, if the County has maintained substantial compliance by December 31, 2012, the paragraphs will no longer be subject to status reporting by the Monitoring Team, pursuant to MOA paragraph 54. The County agrees to continue to implement the policies, procedures, and practices related to these paragraphs for the life of the MOA to ensure that the constitutional and federal statutory rights of youth in the County’s custody or supervision are upheld. c. If any paragraph falls out of substantial compliance prior to termination of that paragraph, the County shall bring such paragraph into substantial compliance no later than December 31, 2013, and shall maintain such substantial compliance for a period of one year. The County shall make all reasonable efforts to bring all paragraphs into substantial compliance at the earliest possible date.
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Related to Paragraphs that Must Maintain Substantial Compliance

  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

  • Legal Compliance Contractor represents and warrants that it shall secure all notices and comply with all applicable laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid and Contract and any applicable laws, including but not limited to, permits, licensing, and shall provide such proof as required by the Commissioner. Failure to comply or failure to provide proof may constitute grounds for the Commissioner to terminate or suspend the Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner. Contractor also agrees to disclose information and provide affirmations and certifications to comply with Sections 139-j and 139-k of the State Finance Law.

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