Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.
Non-Discrimination In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.
Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.
General Requirements The Contractor hereby agrees:
GRIEVANCE PROCEDURE
a) For the purpose of this Article, the immediate supervisor shall be the Non-Union Supervisory Staff below Department Director, if any. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she has given his/her immediate supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, he/she and his/her xxxxxxx, or if that xxxxxxx is absent, the chief xxxxxxx, or if the chief xxxxxxx is absent, another member of the grievance committee, shall discuss it with his/her immediate supervisor within five (5) working days after the circumstances giving rise to the complaint become known to the employee. The immediate supervisor's decision shall be given, within five (5) working days following such discussion. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up as a grievance in the following manner and sequence:
Step 1 For the purpose of this Article, the immediate supervisor includes the Supervisor and the Department Director is the person in charge of that Department. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she is given his/her immediate supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, he/she and his/her Union representative shall discuss the complaint with the supervisor within five (5) working days after the circumstances giving rise to the complaint becoming known to the employee. The immediate supervisor’s decision shall be given within five (5) working days following such discussion. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned, together with the Grievance Committee, may then take the matter up at Step 2.
Step 2 If the dispute is not settled to the satisfaction of the employee or the Grievance Committee within seven (7) working days of the meeting with the employee’s supervisor, the grievance shall be submitted in writing within seven (7) working days from the time of the said meeting with the employee’s supervisor to the Director of Human Resources, who shall convene a meeting with the employee, the Grievance Committee, the Supervisor, the Department Director and the Director of Human Resources within five (5) working days of receipt of the grievance. A National Representative of the Union shall be present at the request of either the Corporation or the Union. The decision of the Director of Human Resources shall be given within four (4) working days following such meeting. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up at Step 3. Failing settlement under Step 2 of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration, and if no written request for arbitration is received within fifteen (15) full working days after the decision in Step 2 is given, it shall be deemed to have been settled.
Introduction The Texas Health and Human Services Commission ("HHSC") and the Contractor named in Section I (HHSC and Contractor may be referenced in this document collectively as the “Parties” and individually as the “Party") hereby enter into this Community Services Contract - Provider Agreement (the “Contract”) for the provision of services under the Contract type specified in Section I for the considerations set forth herein. The Contract Begin Date specified in Section I is not valid until this Contract is signed by both parties.
Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.
Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.
