Transfers or Assignments to a Third Party Financing Agent It is understood and agreed by the parties that a condition precedent to the consummation of the purchase(s) under the Contract may be the obtaining of acceptable third party financing by the Authorized User. The Authorized User shall make the sole determination of the acceptability of any financing proposal. The Authorized User will make all reasonable efforts to obtain such financing, but makes no representation that such financing has been obtained as of the date of Bid receipt. Where financing is used, Authorized User may assign or transfer its rights in Licensed Products (existing or custom) to a third party financing entity or trustee (“Trustee”) as collateral where required by the terms of the financing agreement. Trustee’s sole rights with respect to transferability or use of Licensed Products shall be to exclusively sublicense to Authorized User all of its Licensee’s rights under the terms and conditions of the License Agreement; provided, further, however, in the event of any termination or expiration of such sublicense by reason of payment in full, all of Trustee’s rights in such Licensed Product shall terminate immediately and Authorized User’s prior rights to such Existing Licensed Product shall be revived.
Treatment of Passthru Payments and Gross Proceeds The Parties are committed to work together, along with Partner Jurisdictions, to develop a practical and effective alternative approach to achieve the policy objectives of foreign passthru payment and gross proceeds withholding that minimizes burden.
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both."
GEOGRAPHIC AREA AND SECTOR SPECIFIC ALLOWANCES, CONDITIONS AND EXCEPTIONS The following allowances and conditions shall apply where relevant: Where the company does work which falls under the following headings, the company agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.
Initial Forecasts/Trunking Requirements Because Verizon’s trunking requirements will, at least during an initial period, be dependent on the Customer segments and service segments within Customer segments to whom CSTC decides to market its services, Verizon will be largely dependent on CSTC to provide accurate trunk forecasts for both inbound (from Verizon) and outbound (to Verizon) traffic. Verizon will, as an initial matter, provide the same number of trunks to terminate Reciprocal Compensation Traffic to CSTC as CSTC provides to terminate Reciprocal Compensation Traffic to Verizon. At Verizon’s discretion, when CSTC expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, Verizon will provide the number of trunks CSTC suggests; provided, however, that in all cases Verizon’s provision of the forecasted number of trunks to CSTC is conditioned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and CSTC’s previous forecasts have proven to be reliable and accurate.
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
Requirements Pertaining Only to Federal Grants and Subrecipient Agreements If this Agreement is a grant that is funded in whole or in part by Federal funds:
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.
COURSE TITLE GE COURSE TITLE MATH 115 The Ideas of Math transfers as GE GE Quantitative Literacy MATH 141 Calculus For Business transfers as MATH 151 Applied Calculus I MATH 151 Precalculus transfers as MATH 150 Precalculus MATH 160 Precalculus transfers as MATH 150 Precalculus MATH 250 Single Variable Calculus I transfers as MATH 165 Calculus I MATH 251 Single Variable Calculus II transfers as MATH 166 MATH 167 Calculus II Sequences and Series MATH 252 Multivariable Calculus transfers as MATH 268 MATH 269 Multivariable Calculus Vector Calculus MATH 265 Linear Algebra transfers as GE GE Quantitative Literacy MATH 266 Intro To Ordin Diff Equations transfers as GE GE Quantitative Literacy MICR 102 Introductory Microbiology transfers as BIOL 220 General Microbiology MICR 150 Medical Microbiology transfers as BIOL 220 General Microbiology MUSI 100 Fundamental Skills in Music transfers as GE MUS 120 Music Fundamentals MUSI 101 Music Theory I transfers as GE MUS 121 Music Theory I MUSI 102 Music Theory II transfers as MUS 122 Music Theory II MUSI 103 Apprec of Americ Popular Music transfers as GE GE Humanities: Fine Arts MUSI 120 Appreciation of Musical Litera transfers as GE GE Humanities: Fine Arts OCEA 100 Investigations in Oceanography transfers as GE GE Natural Sciences PE 263 Nutrition And Health transfers as UNRS 120 Fund. of Human Nutrition PE/I 105X4 Aerobics transfers as GE FFL 117 FFL: Cardio Strength Fusion PE/I 106X4 Total Body Fitness transfers as GE GE Fitness for Life PE/I 108X4 Weight Training transfers as GE FFL 116 Fit for Life: Weight Training PE/I 127X4 Walking For Fitness transfers as GE FFL 108 Fit for Life: Walking/Jogging PE/I 130X4 Jazz Dance transfers as GE GE Fitness for Life PE/I 143X4 Funk/Hip Hop Dance transfers as GE GE Fitness for Life PE/I 155X4 Conditioning w/ Pilates Method transfers as GE GE Fitness for Life PE/I 167X4 Tap Dance transfers as GE GE Fitness for Life PE/I 168X4 Yoga transfers as GE GE Fitness for Life PE/I 199AX3 Modern Dance I transfers as GE GE Fitness for Life PE/T 130X4 Team Sports (Co-ed) transfers as GE GE Fitness for Life XXXX 101 Intro to Philosophy transfers as GE PHIL 100 Introduction to Philosophy PHYS 100 Introduction to Physics transfers as GE GE Natural Sciences PHYS 110 General Physics I transfers as GE PHYC 151 Physics for Life Sciences I PHYS 111 General Physics II transfers as PHYC 152 Physics for Life Sciences II PHYS 200 Physics I transfers as GE PHYC 161 Physics for Sci & Engineer I PHYS 201 Physics II transfers as PHYC 162 Physics for Sci & Engineer II Xxxxxxx Hills College Azusa Pacific University COURSE TITLE GE COURSE TITLE POLI 100 American Politics transfers as XX XXXX 150 American Government XXXX 104 Intro to Comparative Politics transfers as GE GE Civic Know. & Engagement POLI 106 Intro to World Politics transfers as GE GE Civic Know. & Engagement XXXX 110 Intro to Political Theory transfers as GE GE Civic Know. & Engagement PSYC 108 Statistics transfers as GE MATH 130 Introduction to Statistics PSYCH 100 General Psychology transfers as GE PSYC 110 General Psychology PSYCH 100H General Psychology-Honors transfers as GE PSYC 110 General Psychology PSYCH 101 Research Methods transfers as GE PSYC 362 Research Methods in Psychology PSYCH 102 Personal and Social Adjustment transfers as GE PSYC 400 Multicultural Psychology PSYCH 103 Theories of Personality transfers as PSYC 380 Psychology of Personality PSYCH 110 Abnormal Psychology transfers as PSYC 360 Abnormal Psychology PSYCH 111 Developmental Psychology transfers as GE PSYC 290 Human Growth and Development PSYCH 120 Statistics for Soc & Beh Sci transfers as GE MATH 130 Introduction to Statistics RUS 101 College Russian I transfers as XX XXXX 101 Modern Language I RUS 102 College Russian II transfers as XX XXXX 102 Modern Language II SOC 100 Intro to Sociology transfers as GE SOC 120 Introduction to Sociology SOC 105 Social Problems transfers as SOC 225 Contemporary Social Problems SOC 130 Marriage, Family, and Intimate transfers as SOC 230 Comparative Family Systems SPAN 101 College Spanish I transfers as GE SPAN 101 Elementary Spanish I SPAN 102 College Spanish II transfers as GE SPAN 102 Elementary Spanish II SPAN 103 College Spanish III transfers as SPAN 201 Intermediate Spanish I SPAN 104 College Spanish IV transfers as SPAN 202 Intermediate Spanish II SPEE 100 Elements of Public Speaking transfers as GE COMM 111 Public Communication SPEE 100H Elements of Public Speaking-Ho transfers as GE COMM 111 Public Communication SPEE 101 Advanced Public Speaking transfers as GE GE Oral Communication SPEE 135 Mass Communication In Society transfers as COMM 200 Intro to Mass Communication THAR 100 Introduction to Theatre transfers as GE THTR 115 Introduction to Theater THAR 100H Intro to Theatre-Honors transfers as GE THTR 115 Introduction to Theater XXXX 120 Acting Fundamentals transfers as THTR 113 Acting Fundamentals THAR 130X4 Jazz Dance transfers as GE GE Fitness for Life THAR 231X4 Jazz Dance II transfers as GE GE Fitness for Life
Extension of Concession Period Subject to the provisions of Clause 35.6, in the event that a material default or breach of this Agreement set forth in Clause 35.2 causes delay in achieving COD or leads to suspension of or reduction in collection of Fee, as the case may be, the Authority shall, in addition to payment of compensation under Clause 35.2, extend the Concession Period, such extension being equal in duration to the period by which COD was delayed or the collection of Fee remained suspended on account thereof, as the case may be.
