Pole Replacement for Licensee’s Benefit. Where an existing pole is prematurely replaced (for reasons other than normal or abnormal decay) by a new pole for the sole benefit of the Licensee, the Licensee shall reimburse the Pole Owner for all costs, including, but not limited to the cost in replacing the new pole, the remaining life value of the existing pole, lower and haul of the existing pole (to the extent that this is performed by the Pole Owner), and topping of the existing pole when performed either as an accommodation to Licensee or as required by NESC. Pole Owner shall credit the Licensee for salvage value of the existing pole if it is not topped and it is less than ten years old. Pole Owner shall remove and may retain or dispose of such pole as the sole owner thereof. Any payments for poles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said poles. If pole replacement under this Section 3.14 benefits both Licensee and other pole attachers, the costs shall be pro-rated among all benefiting attachers.

Pole Replacement for Licensee’s Benefit. Where an existing polePole is prematurely replaced (for reasons other than normal or abnormal decay) by a new polePole for the sole benefit of the Licensee, the Licensee shall reimburse the Pole Owner for all costs, including, but not limited to the cost in replacing the new polePole, the remaining life value of the existing polePole, lower and haul of the existing polePole (to the extent that this is performed by the Pole Owner), and topping of the existing polePole when performed either as an accommodation to Licensee or as required by NESC. Pole Owner shall credit the Licensee for salvage value of the existing polePole if it is not topped and it is less than ten years old. Pole Owner shall remove and may retain or dispose of such polePole as the sole owner thereof. Any payments for polesPoles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said polesPoles. If polePole replacement under this Section 3.14 benefits both Licensee and other polePole attachers, the costs shall be pro-rated among all benefiting attachers.

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Pole Replacement for Licensee’s Benefit. Where an existing Pole is prematurely replaced by a new Pole for the benefit of Licensee, Licensee shall reimburse Rocky Mountain Power for all costs, including, but not limited to, the cost to replace the Pole, transfer and any required replacement of existing Rocky Mountain Power equipment, lower and haul of the existing Pole, and topping of the existing Pole when performed either as an accommodation to Licensee or as required by the NESC. Rocky Mountain Power shall remove and may retain or dispose of such Pole as the sole owner thereof. Any payments for Poles made by Licensee shall not entitle Licensee to ownership of any part of said Poles.

Pole Replacement for Licensee’s Benefit. Where an existing pole is prematurely replaced (for reasons other than normal or abnormal decay) by a new pole for the benefit of the Licensee, the Licensee shall reimburse the Owner for all costs, including, but not limited to the cost in place of the new pole, the remaining life value of the existing pole, lower and haul of the existing pole (to the extent that this is performed by the Owner), and topping of the existing pole when performed either as an accommodation to Licensee or as required by NESC. Owner shall credit the Licensee for salvage value of the existing pole if it is not topped and it is less than ten years old. Owner shall remove and may retain or dispose of such pole as the sole owner thereof. Any payments for poles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said poles.

Pole Replacement for Licensee’s Benefit. In the event an existing Pole is prematurely replaced by a new Pole for the benefit of Licensee, Licensee shall reimburse PacifiCorp for all costs, including, but not limited to, the cost to replace the Pole, transfer of existing PacifiCorp Equipment, lower and haul of the existing Pole, and topping of the existing Pole. PacifiCorp may also charge, in accordance with the Fee Schedule (Exhibit B), return trip costs to Licensee when incurred by PacifiCorp to return to the work site in order to lower and haul the existing Pole after either the Licensee or other attachers have transferred existing Attachments. PacifiCorp shall remove and may retain or dispose of such Pole as the sole owner thereof. Any payments for Poles made by the Licensee shall not entitle Licensee to ownership of any part of said Poles.

Pole Replacement for Licensee’s Benefit. ‌ Where an existing Pole is prematurely replaced (for reasons other than normal or abnormal decay) by a new Pole for the benefit of Licensee, Licensee shall reimburse Pole Owner for all costs, including, but not limited to the cost of replacing the Pole, lower and haul of the existing Pole (unless Licensee takes its own lower and haul action as defined in Section 7.06) and topping of the existing Pole when performed either as an accommodation to Licensee or as required by NESC. Otherwise, Pole Owner shall remove and may retain or dispose of such Pole as the sole owner thereof Pole. Any payments for Poles made or work performed by Licensee shall not entitle Licensee to ownership of any part of said Poles. If Pole replacement under this section benefits both Licensee and other Pole attachers, not including Pole Owner, the costs shall be pro- rated among all benefiting attachers, not including Pole Owner.

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Payment for Material Completion The Contractor may request payment of the remaining contract balance, including retainage, less amounts credited the Owner or incurred as liquidated damages, and less amounts withheld for the Punchlist by reason of Minor Items or Permitted Incomplete Work (See Paragraph 6.5.3.2). Payment for Material Completion shall be made by a check payable jointly to the Contractor and Surety and shall be mailed to the Surety.
SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.
New Application for Licensure Any time after the three-month period has lapsed from the Effective Date of this Agreement and Respondent has paid the Administrative Penalty set forth in Section III, Paragraph 1 of this Order, Respondent may apply for a new mortgage loan originator license or, as applicable, petition for the reinstatement of an MLO Activity Endorsement in any or all of the Participating States with the understanding that each State Mortgage Regulator reserves the rights to fully investigate such application for licensure or petition for reinstatement of an MLO Activity Endorsement and may either approve or deny such application or petition pursuant to the normal process for such licensing or endorsement investigations. No license application or petition described in this paragraph will be denied solely based on the facts, circumstances, or consensual resolution provided for in this Agreement. Respondent further agrees that Respondent must satisfy the Administrative Penalty provision prior to submitting an application for a new mortgage loan originator license or, as applicable, petition for the reinstatement of an MLO Activity Endorsement.
Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.
Shareholder Account Maintenance (a) Maintain all shareholder records for each account in the Company. (b) Issue customer statements on scheduled cycle, providing duplicate second and third party copies if required. (c) Record shareholder account information changes. (d) Maintain account documentation files for each shareholder.
Replacement of Key Personnel The Engineer must notify the State in writing as soon as possible, but no later than three business days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal.
Office Space for Receiver and Corporation For the period commencing on the day following Bank Closing and ending on the one hundred eightieth (180th) day thereafter, the Assuming Bank agrees to provide to the Receiver and the Corporation, without charge, adequate and suitable office space (including parking facilities and vault space), furniture, equipment (including photocopying and telecopying machines), email accounts, network access and technology resources (such as shared drive) and utilities (including local telephone service and fax machines) at the Bank Premises occupied by the Assuming Bank for their use in the discharge of their respective functions with respect to the Failed Bank. In the event the Receiver and the Corporation determine that the space provided is inadequate or unsuitable, the Receiver and the Corporation may relocate to other quarters having adequate and suitable space and the costs of relocation and any rental and utility costs for the balance of the period of occupancy by the Receiver and the Corporation shall be borne by the Assuming Bank. Additionally, the Assuming Bank agrees to pay such bills and invoices on behalf of the Receiver and Corporation as the Receiver or Corporation may direct for the period beginning on the date of Bank Closing and ending on Settlement Date. Assuming Bank shall submit it requests for reimbursement of such expenditures pursuant to Article VIII of this Agreement.
Trial Service Period An employee who has satisfactorily completed their probationary period and who is subsequently appointed to a position in another classification shall serve a twelve (12) month trial service period, in accordance with Section 10.1.3. 10.4.1 The trial service period shall provide the department with the opportunity to observe the employee's work and to train and aid the employee in adjustment to the position, and to revert such an employee whose work performance fails to meet required standards. 10.4.2 An employee who has been appointed from one classification to another classification within the same or different department and who fails to satisfactorily complete the trial service period shall be reverted to a vacant position within that department and classification from which the employee was appointed. 10.4.3 Where no such vacancy exists, such employee shall be given fifteen (15) calendar days' written notice prior to being placed on a Reversion Recall List for their former department and former classification and being removed from the payroll. 10.4.4 An employee’s trial service period may be extended up to three (3) additional months by written mutual agreement between the department, the employee and the Union, subject to approval by the Seattle Human Resources Director prior to expiration of the trial service period. 10.4.5 Employees who have been reverted during the trial service period shall not have the right to appeal the reversion. 10.4.6 The names of regular employees who have been reverted for purposes of re- employment in their former department shall be placed upon a Reversion Recall List for the same classification from which they were promoted or transferred for a period of one (1) year from the date of reversion. 10.4.7 If a vacancy is to be filled in a department and a valid Reversion Recall List for the classification for that vacancy contains the name(s) of eligible employees who have been removed from the payroll from that classification and from that department, such employees shall be reinstated in order of their length of service in that classification. The employee who has the most service in that classification shall be the first reinstated. 10.4.8 An employee whose name is on a Valid Reversion Recall List for a specific job classification who accepts employment with the City in that same job classification shall have their name removed from the Reversion Recall List. Refusal to accept placement from a Reversion Recall List to a position the same, or essentially the same, as that which the employee previously held shall cause an employee’s name to be removed from the Reversion Recall List, which shall terminate rights to reemployment under this Reversion Recall List provision. 10.4.9 An employee whose name is on a valid Reversion Recall List who accepts employment with the City in another class and/or department shall have their name removed from the Reversion Recall List. 10.4.10 A reverted employee shall be paid at the step of the range which the employee normally would have received had the employee not been appointed.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

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