Primary Provider. Covered Services will be delivered by a naturopathic doctor, medical doctor, osteopathic doctor, or nurse practitioner (“Primary Provider”). At commencement of Service Plan, Member will select one available Elevate Health Primary Provider to serve as Member’s Primary Provider.

Primary Provider. We shall be your Primary Provider of Services. You shall be free to make agreements with third parties for Services, provided you shall not seek or accept any bids for Services to replace our Services in their totality. You shall negotiate with us in good faith for any new service which we have the ability, capacity and interest to provide. You shall be free to offer new, experimental and other access including without limitation, ADSL, cable access, modified cable access including dial up, satellite access, roaming (e.g. Aimquest), Web TV, access bundled with content of other applications, agreements with regional xxxx operating companies or long distance companies as marketing partners ("Other Business); provided that, at least thirty days prior to your entering into any agreement or arrangement for Other Business, you will use good faith efforts to deliver to us on a confidential basis any business plan changes, projections, draft agreements and other documents describing such Other Business, to the extent available, and meet with us to discuss such Other Business. You shall not offer Other Business that would result in a material increase in our costs unless we both agree on the amount of increased revenues which will bear a reasonable relationship to such increase in our costs; provided that, if we cannot agree on the amount of such increased revenues, we shall have no obligation to provide our Services required for such Other Business.

Primary Provider. Both parties understand that this is a "non-exclusive" agreement. However, Customer agrees that subject to the terms of this Section, UUNET will become and remain the primary provider of internet services for the Sage Networks. In the event Customer obtains over 600 Mbps of bandwith for internet traffic in years two and three of the term commitment, ** of any bandwith over 600 Mbps shall be purchased from UUNET. If the ** requirement is not met, Customer will pay UUNET Shortfall Revenue in the amount of ** per Mbps for each Mbps by which Customer has fallen short of the ** requirement. Customer shall notify UUNET immediately upon determining that the ** requirement in this Section has not been met. Customer shall provide UUNET relevant records relating to this Section at each quarterly business review held pursuant to Section 4. Notwithstanding anything to the contrary stated herein, this Section 12 shall be inapplicable if Customer has purchased bandwith from UUNET in an amount equal to or greater than ** of the applicable Minimum Mbps Commitment set forth in Schedule 1.

Primary Provider. We shall be your Primary Provider of Services. You shall be free to make agreements with third parties for Services, provided you shall not seek or accept any bids for Services to replace our Services in their totality or to any substantial extent. In addition, you shall not seek to bundle our Services with other features which will have the effect of diverting traffic away from our network in an amount which causes our traffic from you not to follow generally the overall amount of your dial up access service needs, measured quarterly. You shall negotiate with us in good faith for any new service which we have the ability, capacity and interest to provide. You shall be free to offer new, experimental and other access including without limitation, ADSL, cable access, modified cable access including dial up, satellite access, roaming (e.g. Aimquest), Web TV, access bundled with content of other applications, agreements with regional bell xxxrating companies or long distance companies as marketing partners ("Other Business"); provided that, at least thirty days prior to your entering into any agreement of arrangement for Other Business, you will deliver to us on a confidential basis any business plan changes, projections, draft agreements and other documents describing such Other Business and meet with us to discuss such Other Business. You shall not offer Other Business that would result in a material increase in our costs unless we both agree on the amount of increased revenues which will bear a reasonable relationship to such increase in our costs; provided that, if we cannot agree on the amount of such increased revenues, we shall have no obligation to provide our Services required for such Other Business.

Primary Provider. I, Xxxxxxx Xxxxx, MD, will be your primary care physician, and Slower Medicine, PLLC will be your “medical home”. As such I will provide you with primary care services within the extent of my ability to safely do so and will work to coordinate communications between me and your your specialty health care providers (if any).

Primary Provider. Both parties understand that this is a "non-exclusive" agreement. However, Customer agrees that subject to the terms of this Section, UUNET will become and remain the primary provider of internet services for the Sage Networks. In the event Customer obtains ** for internet traffic in years two and three of the term commitment, ** of any ** shall be purchased from UUNET. If the ** requirement is not met, Customer will pay UUNET ** in the amount of ** for each ** by which Customer has ** of the ** requirement. Customer shall notify UUNET immediately upon determining that the ** requirement in this Section has not been met. Customer shall provide UUNET relevant records relating to this Section at each quarterly business review held pursuant to Section 4. Notwithstanding anything to the contrary stated herein, this Section 12 shall be inapplicable if Customer has ** from UUNET in an amount equal to or greater than **.

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Replacement Provider In the event the Agreement (or any portion thereof) is terminated in accordance with this Article II, the Sellers shall be responsible for engaging one or more qualified replacement providers of the Services of the Serviced Appointments that are subject to such termination (each, a “Replacement Provider”), which may be any Seller, any other member of the Seller Group or any third party acceptable to the Sellers. Upon request by the Sellers, the Purchasers shall provide the Sellers with reasonable assistance in marketing the Services subject to such termination to potential third party Replacement Providers, including by providing any information reasonably requested by the Sellers; provided, that any potential third party Replacement Provider shall have executed a customary confidentiality agreement before any confidential information of the Purchasers is disclosed by the Sellers to such potential third party Replacement Provider.
Third Party Providers Except for those terms and conditions that specifically apply to Third Party Providers, under no circumstances shall any other person be considered a third party beneficiary of this Agreement or otherwise entitled to any rights or remedies under this Agreement. Except as may be provided in Third Party Agreements, Company shall have no rights or remedies against Third Party Providers, Third Party Providers shall have no liability of any nature to the Company, and the aggregate cumulative liability of all Third Party Providers to the Company shall be $1.
Provider If the Provider is a State Agency, the Provider acknowledges that it is responsible for its own acts and deeds and the acts and deeds of its agents and employees. If the Provider is not a State agency, then the Provider agrees to indemnify and save harmless the State and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Provider or of any person employed by the Provider. The Provider shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Provider or its employees. The Provider further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Provider against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the Provider.
Customary Provisions The Mortgage contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for the realization against the Mortgaged Property of the benefits of the security provided thereby, including, (i) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (ii) otherwise by judicial foreclosure. Upon default by a Mortgagor on a Mortgage Loan and foreclosure on, or trustee's sale of, the Mortgaged Property pursuant to the proper procedures, the holder of the Mortgage Loan will be able to deliver good and merchantable title to the Mortgaged Property. There is no homestead or other exemption available to a Mortgagor which would interfere with the right to sell the Mortgaged Property at a trustee's sale or the right to foreclose the Mortgage, subject to applicable federal and state laws and judicial precedent with respect to bankruptcy and right of redemption or similar law;
Provider Services Charges for the following Services when ordered by a Physician for the treatment of an Injury or Illness.
Master Servicer Fidelity Bond and Master Servicer Errors and Omissions Insurance Policy (a) The Master Servicer, at its expense, shall maintain in effect a Fidelity Bond and an Errors and Omissions Insurance Policy, affording coverage with respect to all directors, officers, employees and other Persons acting on such Master Servicer’s behalf, and covering errors and omissions in the performance of the Master Servicer’s obligations hereunder. The Errors and Omissions Insurance Policy and the Fidelity Bond shall be in such form and amount that would meet the requirements of FNMA or FHLMC if it were the purchaser of the Mortgage Loans. The Master Servicer shall (i) require each Servicer to maintain an Errors and Omissions Insurance Policy and a Fidelity Bond in accordance with the provisions of the applicable Servicing Agreement, (ii) cause each Servicer to provide to the Master Servicer certificates evidencing that such policy and bond is in effect and to furnish to the Master Servicer any notice of cancellation, non-renewal or modification of the policy or bond received by it, as and to the extent provided in the applicable Servicing Agreement, and (iii) furnish copies of the certificates and notices referred to in clause (ii) to the Trustee upon its request. The Fidelity Bond and Errors and Omissions Insurance Policy may be obtained and maintained in blanket form. (b) The Master Servicer shall promptly report to the Trustee any material changes that may occur in the Master Servicer Fidelity Bond or the Master Servicer Errors and Omissions Insurance Policy and shall furnish to the Trustee, on request, certificates evidencing that such bond and insurance policy are in full force and effect. The Master Servicer shall promptly report to the Trustee all cases of embezzlement or fraud, if such events involve funds relating to the Mortgage Loans. The total losses, regardless of whether claims are filed with the applicable insurer or surety, shall be disclosed in such reports together with the amount of such losses covered by insurance. If a bond or insurance claim report is filed with any of such bonding companies or insurers, the Master Servicer shall promptly furnish a copy of such report to the Trustee. Any amounts relating to the Mortgage Loans collected by the Master Servicer under any such bond or policy shall be promptly remitted by the Master Servicer to the Trustee for deposit into the Certificate Account. Any amounts relating to the Mortgage Loans collected by any Servicer under any such bond or policy shall be remitted to the Master Servicer to the extent provided in the applicable Servicing Agreement.
Special Subcustodians Upon receipt of Special Instructions, the Custodian shall, on behalf of a Fund, appoint one or more banks, trust companies or other entities designated in such Special Instructions to act for the Custodian on behalf of such Fund as a subcustodian for purposes of: (i) effecting third-party repurchase transactions with banks, brokers, dealers or other entities through the use of a common custodian or subcustodian; (ii) providing depository and clearing agency services with respect to certain variable rate demand note Securities, (iii) providing depository and clearing agency services with respect to dollar denominated Securities, and (iv) effecting any other transactions designated by such Fund in such Special Instructions. Each such designated subcustodian (hereinafter referred to as a "Special Subcustodian") shall be listed on Appendix A attached hereto, as it may be amended from time to time. In connection with the appointment of any Special Subcustodian, the Custodian shall enter into a subcustodian agreement with the Special Subcustodian in form and substance approved by the appropriate Fund in Special Instructions. The Custodian shall not amend any subcustodian agreement entered into with a Special Subcustodian, or waive any rights under such agreement, except upon prior approval pursuant to Special Instructions.
SUBCUSTODIANS From time to time, in accordance with the relevant provisions of this Agreement, (i) the Custodian may appoint one or more Domestic Subcustodians, Foreign Subcustodians, Special Subcustodians or Interim Subcustodians (each as hereinafter defined) to act on behalf of any one or more Funds; and (ii) the Custodian may be directed, pursuant to an agreement between a Fund and the Custodian (“Delegation Agreement”), to appoint a Domestic Subcustodian to perform the duties of the Foreign Custody Manager (as such term is defined in Rule 17f-5 under the 1940 Act) (“Approved Foreign Custody Manager”) for such Fund so long as such Domestic Subcustodian is so eligible under the 1940 Act. Such Delegation Agreement shall provide that the appointment of any Domestic Subcustodian as the Approved Foreign Custody Manager must be governed by a written agreement between the Custodian and the Domestic Subcustodian, which provides for compliance with Rule 17f-5. The Approved Foreign Custody Manager may then appoint a Foreign Subcustodian or Interim Subcustodian in accordance with this Section 5. For purposes of this Agreement, all Domestic Subcustodians, Special Subcustodians, Foreign Subcustodians and Interim Subcustodians shall be referred to collectively as “Subcustodians.”
SUNDRY PROVISIONS Section 4.1 Subject and subordinate always to the prior rights of the First Mortgagee under the First Mortgage and to the prior rights of the Second Mortgagee under the Second Mortgage, all of the covenants, promises, stipulations and agreements of the Shipowner in this Deed of Covenants contained shall bind the Shipowner and its successors and permitted assigns and shall be binding on and inure to the benefit of the Mortgagee and its successors and permitted assigns. In the event of any assignment of the Mortgage or this Deed of Covenants by the Mortgagee in accordance with the applicable provisions of the Third Lien Indenture, any other Third Lien Note Documents and the Third Lien Intercreditor Agreement, as applicable, the term “Mortgagee” as used in this Deed of Covenants shall be deemed to mean any such successor or permitted assignee. Section 4.2 Wherever and whenever herein any right, power or authority is granted or given to the Mortgagee, such right, power or authority may be exercised in all cases by the Mortgagee or such agent or agents as it may appoint, and the act or acts of such agent or agents when taken shall constitute the act of the Mortgagee hereunder. Section 4.3 (a) In the event that any provision of this Deed of Covenants shall be deemed invalid or unenforceable by reason of any present or future Legal Requirements or any decision of any court of competent jurisdiction, the validity and enforceability of any other provision hereof shall not be affected thereby. Any such invalidity or unenforceability of any provision of this Deed of Covenants in any jurisdiction or nation shall not render such provision invalid or unenforceable under the Legal Requirements of any other jurisdiction or nation.
Regulatory Provisions Any person who sells, supplies, offers for sale, or manufactures any consumer product for use in California shall comply with the standards set forth in the Consumer Products Regulation, including the VOC limit, ingredient prohibitions, labeling, reporting, displaying the date of manufacture, and other administrative requirements. (Cal. Code Regs., tit.17, §§ 94509–94515.) If anywhere on the container of any consumer product, the manufacturer represents that the product may be used or is suitable for a specific use in which a lower limit applies, the lowest applicable limit shall apply. (Cal. Code Regs., tit.17, § 94512(a).)

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