TERMS AND CONDITIONS INCORPORATED BY REFERENCE. Contractor agrees to be bound by the policies, requirements, practices, and procedures set forth in the LSS Deskbook previously provided to it. The terms and conditions in those documents, as from time to time amended, modified or changed, are incorporated herein by reference. However, provisions in this Agreement have priority in interpretation over contrary provisions asserted in the LSS Deskbook, in which case the provision in this Agreement shall be binding.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. At the time of award, all activities under this Cooperative Agreement (CA) are subject to NSF's Cooperative Agreement Financial and Administrative Terms and Conditions (CA-FATC) and the Cooperative Agreement Supplemental Financial and Administrative Terms and Conditions for Managers of Federally Funded Research and Development Centers (CA-SFATC- FFRDC). The CA-FATC and CA-SFATC-FFRDC were updated December 26, 2014 and are hereby incorporated by reference. The CA-FATC and CA-SFATC-FFRDC are available at: xxxx://xxx.xxx.xxx/awards/managing/co-op_conditions.jsp
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. (Jan 2010)
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. A. The following provisions of the Services Agreement are incorporated herein by reference, provided that references in the Services Agreement to “Agreement”, “Project”, “Services” and other defined terms shall be construed to refer to such terms as defined in this Agreement or, if not so defined, in a manner to be consistent with the terms and conditions of this Agreement:
i. Section 3 Intellectual Property ii. Section 4 No Endorsement: Public Announcement iii. Section 5 Confidentiality (excluding Section 5.3)
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. A. The following provisions of the Services Agreement are incorporated herein by reference, provided that references in the Services Agreement to “Agreement”, “Project”, “Services” and other defined terms shall be construed to refer to such terms as defined in this Agreement or, if not so defined, in a manner to be consistent with the terms and conditions of this Agreement:
i. Section 3 Intellectual Property ii. Section 4 No Endorsement: Public Announcement iii. Section 5 Confidentiality (excluding Section 5.3)
iv. Section 7 Warranties; Limitation of Liability (excluding Section 7.2) v. Section 8 Indemnities vi. Section 13 U.S. Export Control vii. Section 14 Client Furnished Materials viii. Section 16 Dispute Resolution
B. [***].
C. Discovery Labs assumes responsibility for its use, misuse, or inability to use the Project results, except to the extent of liabilities resulting from the gross negligence or willful misconduct of Battelle. Except as necessary to satisfy Third Party Claims (as defined in Section 8.1 of the Services Agreement) indemnified hereunder, [***], Battelle's total liability to Discovery Labs arising out of or related to this Agreement [***]. Except for a breach of Section 6.B or its confidentiality obligations hereunder and as set forth in the CDA, neither Party shall be liable to the other Party for any indirect, incidental, consequential, special, punitive or exemplary damages in connection with this Agreement or the Project, however caused, under any theory of liability. [***].
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. At time of award, all activities under this CA are subject to NSF's Cooperative Agreement-Financial and Administrative Terms and Conditions (CAFATC), and the Cooperative Agreement Modifications and Supplemental Financial and Administrative Terms and Conditions (CAFATC) for Major Multi- User Research Facility Projects and Federally Funded Research and Development Centers, hereafter referred to as the CAFATC Supplement, available in full text at xxxxx://xxx.xxx.xxx/awards/managing/co-op_conditions.jsp.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. Expert agrees to be bound by the policies, requirements, practices, and procedures set forth in the LSS Deskbook previously provided to it. The terms and conditions in those documents, as from time to time amended, modified, or changed are incorporated herein by reference. However, provisions in this Agreement have priority in interpretation over contrary provisions contained in the LSS Deskbook, as amended or modified, so that the provision in this Agreement shall be binding.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. For the convenience of the parties, the following terms and conditions set forth in the Galaxy IR Agreement are incorporated by reference and made applicable, in context, to this Agreement for Transition Period as if set forth fully herein, except insofar as such provision may be in conflict with the terms and conditions expressly stated in this Agreement and Appendix D thereto: Section 3.03, Section 3.04, Section 3.05, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 16, Section 18, Section 19, and Section 20, and all terms of the December 31, 2003 Amendment (for the protection from Galaxy Replacement). References in the foregoing incorporated terms to the "Lessee's Transponder" (or in some cases "Lessee's Transponders"), the "Lease Termination Date", and "Lessee" shall be deemed, in context, to refer to the Transition Period Transponder, the Transition Period End Date, and the Customer, respectively. APPENDIX E PRIORITY LIST - GALAXY IRR Customer is assigned priority number 24 on GALAXY IRR. LB#176675-ValueVision Media, Inc. - G-IRR - v5 DAS/ACK - 1/28/05 APPENDIX F SAMPLE SUBORDINATION PROVISION Subordination. Customer hereby acknowledges that this Agreement and all rights granted to Customer hereunder are subject and subordinate to a security interest and lien (as the same may be assigned, the "Security Interest") in favor of [SECURED PARTY] (the "Secured Party") in and to this Agreement, the Customer's Transponder Capacity and other rights under this Agreement and/or the Satellite (and/or the proceeds from the sale or other disposition of all or any portion thereof, or any insurance that may be received by PanAmSat as a result of any loss or destruction of, or damage to, the Customer's Transponder Capacity (or other rights) and/or the Satellite and to all renewals, modifications, consolidations, replacements and extensions of any security agreement, mortgage or other document reflecting any such Security Interest, including that certain [SECURITY AGREEMENT] by and between PanAmSat and Secured Party; provided, that any such Secured Party agrees that Customer shall continue to have the benefits of this Agreement notwithstanding any default on the part of PanAmSat under the agreement providing for such Security Interest (the "Security Agreement"), so long as:
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. Services to be performed under this subcontract are as tasked under a VW International, Inc. (hereinafter VWI) contract with The Sentry/VWI Joint Venture. The terms of The SENTRY/VWI Joint Venture, prime Contract W912DY-08-D-0022, is hereby incorporated by reference. A listing of said terms/clauses is available upon request. Division 01 of said contract is attached.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. The following terms and conditions are incorporated herein by reference:
