Allocation and use of scarce resources Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
LIMITATIONS OF COVERED MEDICAL SERVICES In order to be covered, the Member’s Attending Physician must specifically prescribe such services and such services must be consequent to treatment of the cleft lip or cleft palate.
Outpatient emergency and urgicenter services within the service area The emergency room copay applies to all outpatient emergency visits that do not result in hospital admission within twenty-four (24) hours. The urgicenter copay is the same as the primary care clinic office visit copay.
COMPENSATION FOR CONSTRUCTION PHASE SERVICES 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s Fee.
Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.
PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre-Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:
General Education Requirements for Azusa Pacific University Requirement Helpful Hints & Comments First-Year Seminar Course must focus on orientation to college academics while maintaining instruction in orientation, transitions, and holistic wellness. Typically, a 3-unit course. Not required for students who transfer in 30+ units. Writing 1: The Art & Craft of Writing Any first-semester composition course. Often titled "Freshman Composition," "College Composition," or "Reading and Composition." Must include basic research skills and a research paper. Writing 2: Genre, Evidence, & Persuasion Courses titled "Critical Thinking," "Advanced Composition," etc., that follow a basic freshman level writing course. These courses involve the use of logic, critical thinking, rhetoric, and advanced composition. In addition, genre-specific writing courses will introduce students to the genres of writing, rhetorical moves, and forms of evidence in a specific discipline. Possible courses include: Writing in the Humanities, Writing in the Social Sciences, Writing in the Arts, Writing in Theology, Writing in Business, Writing in Nursing, etc. Must include a research component. Writing 3: Writing in the Disciplines This category focuses on preparing students to be professionals in a field by being independent thinkers capable of constructing their own knowledge, including producing polished writing products in the genres of writing that students are likely to use in their future professions. Most courses in this category are required for the specific APU major and are therefore not likely to be fulfilled by a student's transfer work. Oral Communication Any Public Speaking or Oral Communication course. Must contain at least 3 individual public speeches. Also, communication courses in Interpersonal, Small Group, Argumentation and Debate, and Intercultural areas are acceptable (however, some majors may require Public Speaking). Cannot be taken as a hybrid course. Personal Wellness Any physical activity course with a cardio component and instruction in fitness principles. This includes individual activities, team sports, dance, yoga/mat exercise courses, and intercollegiate sports. Activities with limited physical activity such as badminton, golf, bowling, etc. will not fulfill the requirement. Quantitative Literacy Any course from the Math department of the transferring school that has a prerequisite of Intermediate Algebra. However, certain majors require College Algebra. Please refer to the APU catalog to determine whether or not your major requires College Algebra. In addition, Statistics and Applied Statistics courses (e.g. "Statistics for Behavioral Sciences") with an Intermediate Algebra prerequisite will meet this requirement. Biblical, Theological, & Philosophical Formation- Philosophy Requirement Must be a broad philosophy course such as Intro to Philosophy, History of Philosophy, philosophy-based Logic, Critical Thinking, and Ethics. All other courses must be evaluated by the Department of Theology & Philosophy for transfer. Humanities- History, Literature, & Fine Arts Requirement Must choose one course from each discipline (3 courses total): History, Literature, and Fine Arts. History courses must be survey courses in world, western, or U.S. history (typically split into two time periods). Literature courses must be broad, surveys of literature that explore the literary genres of fiction, drama, and poetry. Fine Arts courses must be broad, survey courses in Art, Music, Drama, or Theater (sometimes History of Cinema, Drama, or Theater courses) covering approximately 100 years. These must be lecture courses and not studio or applied courses such as drawing, painting, singing, piano, etc. Examples of acceptable courses from these categories include (but not limited to) World Civilizations to 1648, Intro to Literature, Art History, Music Fundamentals, etc. Social Sciences One course from the following disciplines: Sociology, Psychology, Economics, Anthropology, Communication Studies, or Political Science. Examples of courses include (but not limited to) Intro to Sociology, General Psychology, Intro to Criminal Justice, Cultural Anthropology, Mass Media, etc. Natural Sciences One course: lecture and lab component required. Any basic course in the life or physical sciences. Examples of courses include Fundamentals of Biology, General Biology, Fundamentals of Chemistry, General Chemistry, Introduction to Astronomy, Physical Geology/Geography, Fundamentals of Physics, General Physics, Oceanography, Zoology, Marine Biology. Biology and Chemistry labs cannot be taken online. However, certain majors require specific science courses. Please refer to the APU catalog to determine whether or not your major requires specific science courses.
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 Alternative Dispute Resolution Limitations 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, 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 No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 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. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 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. 2
Construction Phase - Administration of the Construction Contract 1.6.1 The Construction Phase shall commence with the acceptance of the Construction Manager’s Guaranteed Maximum Price (or acceptance of a partial Guaranteed Maximum Price for a stage or phase) and issuance of a Notice to Proceed with Construction Services and terminate sixty (60) days after Final Payment to the Contractor is made, or when all of Architect/Engineer’s services have been satisfactorily performed, whichever occurs later.