Equality of Treatment Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily reside in the territory of a Contracting State, shall receive equal treatment with nationals of that Contracting State in the application of the legislation of that Contracting State.
Technical Feasibility of String While ICANN has encouraged and will continue to encourage universal acceptance of all top-‐level domain strings across the Internet, certain top-‐level domain strings may encounter difficulty in acceptance by ISPs and webhosters and/or validation by web applications. Registry Operator shall be responsible for ensuring to its satisfaction the technical feasibility of the TLD string prior to entering into this Agreement.
Integration Clause Except for documents and instruments specifically referenced herein, this Agreement constitutes the entire agreement between Bank and Borrower regarding the Loan and all prior communications verbal or written between Borrower and Bank shall be of no further effect or evidentiary value.
DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK
Quality of Services (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement.
(b) To that end, the Consultant shall correct or shall revise, without additional compensation, any errors or omissions in its work product or shall make such revisions as are necessary as the result of the failure of the Consultant to provide an accurate, more efficient, and properly constructable product in its designs, drawings, specifications, or other services.
(c) The County's review/approval/acceptance of or payment for the services required by this Agreement shall NOT be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. Additionally, the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the services furnished under this Agreement.
(d) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies otherwise provided by law.
QUALITY OF GOODS 5.1 Voip Unlimited warrants that on delivery, the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
Endnotes 1 Xxxxxx, X. and Xxxxxx, M. “Why Good Authorizers Should Close Bad Schools.” Accountability in Action: A Comprehensive Guide to Charter School Closure. National Association of Charter School Authorizers (2010). Pages 6 and 9. 2 I.C. § 33‐5212 3 Xxxx, X. “Navigating the Closure Process.” Authorizing Matters Issue Brief, May 2011. National Association of Charter School Authorizers (2011). Pages 2‐3. A Conceptual Timeline for Closure Notification and Initial Steps Meet with PCSC and SDE staff Within 3 business days of the authorizer’s or school’s initial / intended closure decision, the charter school administrator and a representative of the school’s board will meet (in‐person or via telephone or web conference) with staff representatives of the PCSC and SDE to: 1. Review the remaining process for finalizing the closure decision as applicable 2. Review the Closure Protocol and tasks and clarify critical deadlines 3. Identify points of contact for media or community questions 4. Draft communication to staff, families, and affected districts School, PCSC, SDE Notify Parents / Guardians of Potential Closure 1. Within one week of the authorizer’s or school’s initial / intended closure decision, the charter school will send letters to enrolled families. Notification should include: The reasons for closure. If applicable, an explanation of the appeals process and likely timeline for a final decision. Assurance that instruction will continue through the end of the school year or an estimation of when instruction will cease. Assurance that after a final decision is reached, parents/students will be notified and assisted in the reassignment process. Public Charter School Closure FAQ. Contact information for parents/guardians with questions. School, PCSC Notify School Districts Materially Impacted 1. Within one week of the authorizer’s or school’s initial / intended closure decision, the charter school will send letters to districts materially impacted by the closure decision. Notification should include: The reasons for closure. If applicable, an explanation of the appeals process and likely timeline for a final decision. Copy of the letter sent to parents. Public Charter School Closure FAQ. Contact information for questions. School, PCSC Meet with Charter School Faculty and Staff Administrator and charter board chair meet with the faculty and staff to: 1. Discuss reasons for closure, status of appeals process (if applicable), and likely timeline for a final decision. 2. Emphasize importance of maintaining continuity of instruction through the end of the school year. 3. Emphasize need to limit expenditures to necessities. 4. Discuss plans for helping students find new schools and need for teachers and staff to have organized student files prepared for transfer. 5. Identify date when last salary checks will be issued, when benefits terminate, and anticipated last day of work. 6. Describe assistance, if any, that will be provided to faculty and staff to find new positions. School Review and Report on Finances 1. Review budget to ensure that funds are sufficient to operate the school through the end of the school year, if applicable. Communicate with the PCSC and SDE regarding financial status and next steps. 2. Limit expenditures to only those in the approved budget and delay approving expenditures that might no longer be necessary until a revised budget is approved. 3. Communicate with the SDE regarding whether there are any anticipated changes to remaining disbursements from the state. School, PCSC, SDE
BACKGROUND STATEMENT The Borrower has requested that the Lenders make available a revolving credit facility in the aggregate principal amount of $400,000,000. The Lenders are willing to make available to the Borrower the revolving credit facility provided for herein subject to and on the terms and conditions set forth in this Agreement.
Annexes, Appendices and Footnotes The annexes, appendices and footnotes to this Agreement constitute an integral part of this Agreement.
STABILITY OF AGREEMENT No amendment, alteration or variation of the terms or provisions of this Agreement shall bind the parties hereto unless made and executed in writing by the parties hereto.
