Scope Limitations. If the scope, period of time or area of restriction specified in this Section 7 are or would be judged to be unreasonable in any court proceeding, then the period of time, scope or area of restriction will be reduced or limited in the manner and to the extent necessary to make the restriction reasonable, so that the restriction may be enforced in those areas, during the period of time and in the scope that are or would be judged to be reasonable.
Scope Limitations. If the scope, period of time or area of restriction specified in this Section 4 are or would be judged to be unreasonable in any court proceeding, then the period of time, scope or area of restriction will be reduced or limited in the manner and to the extent necessary to make the restriction reasonable, so that the restriction may be enforced in those areas, during the period of time and in the scope that are or would be judged to be reasonable.
Scope Limitations. Dalmore may use the Tools only to: (a) perform KYC / AML securities and fund checks before allowing a user on Rally’s investor-facing platform to place an order for the purchase or sale of securities; (b) access investor information for qualifying individuals to trade based on their answers to suitability questions, to the extent necessary for the Services; (c) communicate trade settlement information to DriveWealth; and (d) communicate trades to PPX ATS (North Capital). This Data Processing Addendum (“DPA”) dated May 3, 2022 forms part of the Tools License Agreement dated May 3, 2022 (“Agreement”) between Rally Holdings, LLC (“Rally”) and Dalmore Group, LLC (“Dalmore”) (each a “Party” collectively, the “Parties”). Pursuant to the Agreement, Xxxxxxx will provide certain services to Rally that may involve Dalmore (or a Subcontractor) Processing (as defined below) Data on behalf of Rally (the “Services”). This Agreement applies to such Processing of Data by or on behalf of Xxxxxxx.
Scope Limitations. If the scope, period of time or area of restriction specified in this Section 7 are or would be judged to be unreasonable in any court proceeding, then the period of time, scope or area of restriction will be reduced or limited in the manner and to the extent necessary to make the restriction reasonable, so that the restriction may be enforced in those areas, during the period of time and in the scope or area that are or would be judged to be reasonable. Accordingly, if any provision shall be determined to be invalid or unenforceable either in whole or in part, including without limitation the geographic scope or duration of such provision, the parties hereto agree that the court or authority making such determination shall have the power to reduce the scope or duration of such provision or to delete specific words or phrases as necessary (but only to the minimum extent necessary) to cause such provision or part to be valid and enforceable. If such court or authority does not have the legal authority to take the actions described in the preceding sentence, the parties agree to negotiate in good faith a modified provision that would, in so far as possible, reflect the original intent of this Agreement, including without limitation Section 7 hereof, without violating applicable law.
Scope Limitations. If the scope, period of time or area of restriction specified in this Section 7 are or would be judged to be unreasonable in any court proceeding, then the period of time, scope or area of restriction will be reduced or limited in the manner and to the extent necessary to make the restriction reasonable, so that the restriction may be enforced in those areas, during the period of time and in the scope that are or would be judged to be reasonable. The covenants in Section 7 of this Agreement with respect to the parishes in which the Association has an office shall be deemed to be separate covenants with respect to each parish, and should any court of competent jurisdiction conclude or find that this Agreement or any portion is not enforceable with respect to a parish, such conclusion or finding shall in no way render invalid or unenforceable the covenants herein with respect to any other parish.
Scope Limitations. Licensee hereby agrees that the Mobilize Software will be used for the sole purpose of migrating, modernizing, or transforming Licensee’s specific set of source code of a specific size (measured in lines of code) determined at the time of purchase and described in the VBUC.lic file that is generated on a per customer per application set and that is required for the Product to operate properly. You can run the Product to convert the SAME set of source code multiple times but a new license is required for a different set of source code.
Scope Limitations. Nothing in this Agreement is intended to waive compliance with, or condone non-compliance with, any transfer restrictions arising under applicable securities laws or the provisions of any agreement between Holder and the Company.
Scope Limitations. For avoidance of doubt, the following are not included in this Scope of Work: ● Adding annotations directly on deed images within Company Platform o As described in Section 2.3, Company will copy deed images to Assessor Network drive from which Megabyte can read, but Company can assist in the editing or annotation of the images ● Extraction of Partial Interest percentages o Customer will use Company’s Partial Interest module to transfer ownership. Company Platform will flag relevant transfers as Partial Interest (using the Partial Interest Flag). Company Platform will pre-populate the Grantors Section with all existing owners, and will pre-populate Grantees with any grantee names listed on the Deed. However, Company Platform cannot extract what percentage of ownership is being conveyed per owner or what Set/Sequence is relevant for each Grantee
Scope Limitations. Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Rock coring is not included in the scope of this exploration, therefore, the character and continuity of refusal materials, if encountered, can be determined only with a more comprehensive scope of services. Therefore, the borings will be advanced to the depths referenced above, or to refusal, whichever is shallower. Boring, sampling and testing requirements are a function of the subsurface conditions encountered. The proposed fee is based on the existence of adequate bearing materials being encountered within the proposed boring depths. Should conditions be encountered which require a deepening of borings or additional investigation, Xxxxxx will notify you to discuss modifying the outlined scope of services. Additional work beyond the fee will not be performed without prior authorization. Xxxxxx appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact Xxxxxx with questions pertaining to this proposal or requests for additional services. Respectfully submitted, Xxxxxxxx X. Xxxxxxxx, PE Xxxxxxx X. Xxxxxxx President Project Manager MAL/file Attachments: Sample COI, CECS Forms **This is an electronic copy. Hard Copies of this proposal are available upon request. DATE 09/14/20 PTB-ITEM# CONTRACT TERM 12 START DATE 10/1/2020 RAISE DATE 3/1/2021 MONTHS OVERHEAD RATE 146.00% COMPLEXITY FACTOR 0.35 0 10/1/2020 3/1/2021 5 41.67% 1 3/2/2021 10/1/2021 7 60.08% Printed 9/14/2020 11:36 AM Page 1 of 5 BDE 3608 Template (Rev. 10/19/17) FIRM NAME Xxxxxx Engineering, Inc DATE 09/14/20 PRIME/SUPPLEMENT Prime Note: Rates should be capped on the AVG 1 tab as necessary CLASSIFICATION IDOT PAYROLL RATES ON FILE CALCULATED RATE Material Tester 1 & 2 $38.90 $39.58 Project Manager/Engineer $37.50 $38.16 Staff Geologist $26.00 $26.46 Staff Engineer $32.00 $32.56 Administrative $22.00 $22.39 Driller $57.00 $58.00 Laboratory Tech $27.00 $27.47 Professional Engineer $40.00 $40.70 Principal $65.00 $66.14 FIRM NAME Xxxxxx Engineering, Inc. DATE 09/14/20 DBE Drilling, Lab, SGR 132 5,402 7,887 5,738 3,889 22,916 22,916 100.00% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -...
Scope Limitations. The use of the licensed subject by Licensee shall be limited to peaceful purposes and, specifically, for the following purposes and/or applications:
