Xxxxxx of Proof The burden of proof with respect to SBE status and/or Good Faith Efforts shall be on the Agency-Assisted Contractor and/or Contractor. The burden of proof as to all other alleged breaches by the Agency-Assisted Contractor and/or Contractor shall be on the Agency.
Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of th e parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may no w or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and de termined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or an y contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a co py of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the partie s irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first senten ce of this Section may be served on any party anywhere in the world. Venue clauses in contracts with TIPS members may be determin ed by the parties. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do y ou agree to these terms? Yes Infringement(s) The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents , representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible prop erty rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded an d approved. Do you agree to these terms? Yes, I Agree Infringement(s) Explanation of No Answer
Other Procurement Procedures The following procurement methods may be used for the procurement of works and goods that the Bank agrees meets the requirements established in the provisions of Section III of the Procurement Policies:
Order Process When the start of production of your reservation nears, we will ask you to confirm your option selections and to provide full details of the legal purchaser of the Model X. Tesla will create an order for your Model X containing the information provided by you, and a Purchase Agreement indicating the estimated purchase price of your Model X, taking into account the base price of the model and any options included or that you select, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. Tesla will then submit to you the order and the Purchase Agreement for your review. If you wish to proceed and purchase the Model X, you must sign and return the Purchase Agreement together with any amounts that are then required to be paid. Production of your Model X will then be commenced and your deposit payable under the Purchase Agreement will be held by Tesla as a non-refundable deposit (to the extent permitted by applicable law). At the time you enter into the Purchase Agreement, you may, at your sole option, notify us that you would like to take your Reservation Payment and apply it to your deposit. These procedures may be subject to change.
Implementation i) Where the job/time sharing arrangement arises out of the filling of a vacant full-time position, the full-time position will be posted first and in the event that there are no successful applicants, then both job/time sharing positions will be posted and selection will be based on the criteria set out in the Collective Agreement.
Other Procedures To the extent not expressly provided for herein, each Discounted Term Loan Prepayment shall be consummated pursuant to procedures consistent with the provisions in this Subsection 4.4(l), established by the Administrative Agent acting in its reasonable discretion and as reasonably agreed by the Borrower.
Description of Program This Agreement is established to facilitate an exchange program at the partner institution with students, faculty and researchers from each institution (collectively, the “Exchange Program”). The student exchange program enables students from one university to take classes at the other university while working towards a degree at the university where he or she is formally enrolled (individually, the “Student Exchange”) and to encourage faculty members and researchers from each university to visit the other university and engage in certain activities (individually, the “Faculty/Researcher Exchange”). [Substitute the purpose of your program if different.] For purposes of this Agreement, with respect to the Student Exchange, the term “Home University” shall mean the institution in which a student is formally enrolled as a degree candidate, and “Host University” shall mean the institution that has agreed to receive students from the Home University for a period of study. With respect to the Faculty/Researcher Exchange, as used herein, “Home University” shall mean the university where the faculty member and/or researcher is normally employed, and “Host University” shall mean the university that the faculty member and/or researcher is visiting.
PROCEDURES FOR CONDUCTING NEGOTIATIONS Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-one
Change Order Procedure The Agency may at any time request a modification to the Scope of Work using a change order. The following procedures for a change order shall be followed:
ORDER PROCEDURE 7.1 Within 30 (thirty) days of the Effective Date, ISR shall issue a Purchase Order of one (1) Machine and forward such Purchase Order to Supplier by email to the contact person of Supplier, a copy of which shall be sent via air mail.
