Services Specifically Excluded Sample Clauses

Services Specifically Excluded. This Agreement does not include any services not expressly selected and set forth above. This would exclude such things, for example, as: Internet access, management of Customer’s network beyond configuring the firewall or VPN to connect over Customer’s existing telco connection (acknowledging that NTS is not responsible for the connection itself ), or otherwise assisting with Customer’s network. Customer further acknowledges that any devices that it allows to be accessed from the Internet are Customer’s responsibility and completely at its own risk. Other services made available by NTS shall not be included in this Agreement unless specifically contracted by Customer. Under no circumstance shall NTS’ liability under this Agreement be expanded based upon NTS’ providing such separate services. NTS may at any time and without notice discard security logs generated by the firewall, provided that NTS has previously made them available to Customer in format determined by NTS.
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Services Specifically Excluded. This Agreement does not cover the preparation of gift tax returns, payroll tax returns, city and county tax returns, personal property tax returns, sales and use tax returns or retirement plan tax returns. Further, this Agreement does not include advisory services concerning investments or financial planning or legal services, including litigation of any kind, whether in court, in administrative hearings or before government agencies or arbitration tribunals. A separate written agreement is required if you wish to receive services not provided under this agreement.
Services Specifically Excluded. Both parties acknowledge that the OCCMA will not provide the OLLG with any of the following services: newsletter production and/or distribution; membership directory compilation and/or distribution; website registration, maintenance and/or postings; listserv development and/or maintenance; support for committees and/or subcommittees; legal assistance; and any other service or product not specifically and affirmatively acknowledged in Section 1.1 through Section 1.6.
Services Specifically Excluded. Anthem BCBS will provide on behalf of the Employer only the benefits which are described in this Summary Booklet. Benefits which are not provided include, but are not limited to: 1. House calls; 2. Any services for or related to the diagnosis, care or treatment of temporomandibular joint Dysfunction (TMJ or TMD); 3. Orthognathic surgery; 4. Use of any Experimental or Investigational diagnosis, treatment, procedure, facility, equipment, drugs, drug usage, devices or supplies. Any service associated with or as follow-up to any of the above is not a Covered Service; 5. Replacement of Prosthetic Devices due to loss or theft; 6. Application of sealants, regardless of reason unless otherwise specified. If the policy specifies coverage, sealants will only be covered on non-carious, permanent first and second molars; 7. General anesthesia (deep sedation) and intravenous sedation; 8. Any hospital or inpatient facility fee resulting from services performed in a hospital or inpatient facility; 9. Cosmetic surgery or services performed solely to improve appearance and not designed to restore body function or to correct deformity resulting from the treatment of malignancy or physical trauma; 10. Any services for or related to a self-inflicted injury; 11. Any services for or related to an injury or condition for which benefits exist under Worker’s Compensation or occupational disease; 12. Any services for or related to a dental treatment which is provided by a federal or state agency; 13. Benefits for services resulting from war or any act of war, whether declared or undeclared, or while in the armed forces of any country; 14. Benefits for services which are covered under Medicare or the Social Security Act; 15. Any service or supply performed without functional or pathological need; 16. Myofunctional therapy; 17. Removal of third molar (wisdom teeth) where there is no evidence of disease; 18. Any supplies intended for home use (e.g. toothbrush, dental floss, mouthwash, irrigators); 19. Any services received from a dental or medical department maintained by an employer, a mutual benefit association, labor union, trustee or other similar person or group; 20. Any services for which the Member incurs no liability, or which are services of a type ordinarily performed by a physician (M.D.), or charges which would not have been made if insurance was unavailable; 21. Any services related to congenital malformations, deformities and deficiencies; 22. Any services, treatment or ...
Services Specifically Excluded. The following additional project control services are available when requested in advance by the Client, at fees as mutually agreed, but are specifically excluded from the base Scope of Work: A. Additional Meetings Meetings necessary, in the opinion of PPV, to accomplish Basic Services are included in the fees in Exhibit B. Additional meetings are available as mutually agreed. B. Construction Cost Estimates Prepare independent, detailed construction cost estimates concurrently with the XXXX, at milestones now in place throughout the Design Development and/or Construction Documents phases of design. C. Provide an Owner’s Budget, and Update at Each Estimating Phase Provide a separate Owner’s Budget, incorporating construction cost for the project, and update at each of the estimating phases above. This Owner’s Budget will include the following categories of costs outside the XXXX’x contract amount: 1. Professional Fees (Design, Engineering, PM, IT/AV, and Materials Testing) 2. Permits and Water Tap Fees; 3. Furnishings, Fixtures and Equipment; 4. Owner’s Contingency at Preconstruction and Construction; and

Related to Services Specifically Excluded

  • Subadviser’s Services Are Not Exclusive Nothing in this Agreement shall limit or restrict the right of Subadviser or any of its partners, officers, or employees to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any business, whether of a similar or a dissimilar nature, or limit or restrict Subadviser's right to engage in any other business or to render services of any kind to any other mutual fund, corporation, firm, individual, or association.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Avoidance of Inconsistent Position; Services Not Exclusive In connection with purchases or sales of portfolio securities and other investments for the account of the Fund, neither you nor any of your directors, officers or employees shall act as a principal or agent or receive any commission. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other investments for the Fund's account with brokers or dealers selected by you in accordance with Fund policies as expressed in the Registration Statement. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you shall act solely as investment counsel for such clients and not in any way on behalf of the Fund. Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive and it is understood that you may render investment advice, management and services to others. In acting under this Agreement, you shall be an independent contractor and not an agent of the Trust. Whenever the Fund and one or more other accounts or investment companies advised by you have available funds for investment, investments suitable and appropriate for each shall be allocated in accordance with procedures believed by you to be equitable to each entity. Similarly, opportunities to sell securities shall be allocated in a manner believed by you to be equitable. The Fund recognizes that in some cases this procedure may adversely affect the size of the position that may be acquired or disposed of for the Fund.

  • Testing-the-Waters Communications If at any time following the distribution of any Written Testing-the-Waters Communication there occurred or occurs an event or development as a result of which such Written Testing-the-Waters Communication included or would include an untrue statement of a material fact or omitted or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at that subsequent time, not misleading, the Company shall promptly notify the Representative and shall promptly amend or supplement, at its own expense, such Written Testing-the-Waters Communication to eliminate or correct such untrue statement or omission.

  • SERVICES NOT EXCLUSIVE/USE OF NAME Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you may render investment advice, management and other services to others, including other registered investment companies, which may or may not be a series of the Trust, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Fund. For the avoidance of doubt, the rendering of investment advice, management or other services to any client including separate accounts, mutual funds and private funds, pursuant to a substantially similar strategy as that of the Fund will not be deemed to interfere in a material manner. The Trust and you acknowledge that all rights to the name “Xxxxxx” or any variation thereof belong to you or one or more of your affiliates, and that the Trust is being granted a limited license to use such words in the Fund’s name or in any class name. In the event you cease to be the adviser to the Fund, the Trust’s right to the use of the name “Xxxxxx” in the Fund’s name and in any class shall automatically cease on the ninetieth day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “Xxxxxx” in the name of, or in connection with, any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Testing-the-Waters Materials If at any time following the distribution of any Written Testing-the-Waters Communication there occurred or occurs an event or development as a result of which such Written Testing-the-Waters Communication included or would include an untrue statement of a material fact or omitted or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at that subsequent time, not misleading, the Company will promptly notify the Representatives and will promptly amend or supplement, at its own expense, such Written Testing-the-Waters Communication to eliminate or correct such untrue statement or omission.

  • Indemnification Hereunder Not Exclusive The indemnification provided by this Agreement shall not be deemed to be exclusive of any other rights to which the Indemnitee may be entitled under the Company’s Articles, any agreement, vote of shareholders or vote of Disinterested Directors, provisions of applicable law, or otherwise, both as to action or omission in the Indemnitee’s official capacity and as to action or omission in another capacity on behalf of the Company while holding such office.

  • Acquisition, Sale and Maintenance No Borrower shall acquire or accept any Inventory on consignment or approval, and shall take all steps to assure that all Inventory is produced in accordance with Applicable Law, including the FLSA. No Borrower shall sell any Inventory on consignment or approval or any other basis under which the customer may return or require a Borrower to repurchase such Inventory. Borrowers shall use, store and maintain all Inventory with reasonable care and caution, in accordance with applicable standards of any insurance and in conformity with all Applicable Law, and shall make current rent payments (within applicable grace periods provided for in leases) at all locations where any Collateral is located.

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

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