Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 1998, by and between DFS-SPV L.P., a Delaware limited partnership ("DFS-SPV"), and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Financial Services Agreement, dated as of March 9, 1998, between Lucent Technologies Inc., a Delaware corporation, and The CIT Group, Inc., a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 except that such agreement was assigned by Lucent Technologies, Inc. to Avaya, Inc. pursuant to a certain Assignment Agreement, dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or such Pooling and Servicing Agreement have been amended since the date thereof.
Vendor Agreements. (a) During the period beginning on the Effective Date and ending on the relevant Agreement Termination Date, Genworth is or may become a party to certain corporate purchasing contracts, master services agreements, vendor contracts, software and other Intellectual Property licenses or similar agreements unrelated to the Genworth Services (the “Genworth Vendor Agreements”) under which (or under open work orders thereunder) the Company and its Affiliates purchase goods or services, license rights to use Intellectual Property and realize certain other benefits and rights. The Parties hereby agree that the Company and its Affiliates shall continue to retain the right to purchase goods or services and continue to realize such other benefits and rights under each Genworth Vendor Agreement to the extent allowed by such Genworth Vendor Agreement (“Company Purchasing Rights”) until the expiration or termination date of such Company Purchasing Rights pursuant to the terms of such Genworth Vendor Agreement (including any voluntary termination of such Genworth Vendor Agreement by Genworth). Additionally, for so long as the Company Purchasing Rights remain in full force and effect under a Genworth Vendor Agreement and the Company or its Affiliates continue to exercise their Company Purchasing Rights under such Genworth Vendor Agreement and for a period of six (6) months thereafter, Genworth shall use its commercially reasonable efforts, upon the written request of the Company, to assist the Company in obtaining a purchasing contract, master services agreement, vendor contract or similar agreement directly with the third party provider that is a party to the Genworth Vendor Agreement. If:
(i) Genworth has the right to allow the Company, any members of the Company Group, or any of their respective Affiliates to continue exercising the right to purchase goods or services as Company Purchasing Rights under a Genworth Vendor Agreement beyond the Agreement Termination Date; and
(ii) the Company requests from Genworth an extension of those Company Purchasing Rights under that Genworth Vendor Agreement beyond the Agreement Termination Date, then Genworth will continue to allow the Company, any members of the Company Group, and any of their respective Affiliates to exercise those Company Purchasing Rights under that Genworth Vendor Agreement until the earlier of:
(A) twelve (12) months after the Agreement Termination Date; and
(B) the date that Genworth ceases to have the right ...
Vendor Agreements. The City of Stow is now accepting agreements from entities who have indicated their intent to be a vendor at the event. We are accepting both food vendors, and vendors who intend to promote, provide an activity, and/or sell. The Summer Sunset Blast Committee strives to provide event attendees with an array of food and activities that are fun, festive and reasonably priced. On the flipside, we strive to provide vendors who have committed to the event the opportunity to profit from their participation in the event. Though duplication of offerings will be permitted, in an effort to reduce the abundance of those duplications, the Sunset Blast Committee reserves the right to scrutinize all items being sold or given away.
Vendor Agreements. The Parties anticipate that SHMC will be relying upon its and its Affiliates existing agreements with third parties (including the Shared Agreements) to provide certain of the Services described herein (“Vendor Agreements”) and that the Parties have assumed that SHMC’s and/or its Affiliates’ Vendor under each Vendor Agreement will permit SHMC and/or its Affiliates to procure goods, services and/or license software, as applicable under such Vendor Agreement, on behalf of LE, at no additional cost, as if LE were an affiliate of SHMC and/or its Affiliates under such Vendor Agreement, and will permit LE to procure such goods, services and/or licensed software directly from the Vendor, in the case of Shared Agreements. If: (a) SHMC’s or its Affiliates’ costs, fees, or expenses increase under the terms of such Vendor Agreements, or (b) the Vendor demands or is entitled to additional costs, fees, or expenses now or in the future, as a result of LE receiving benefits under such Agreement, then, in addition to all other amounts due hereunder, LE shall be liable for its proportionate share of all increased amounts under subsection (a) and all of the increased amounts under subsection (b), in each case as such amounts are determined by SHMC in Good Faith. SHMC will notify LE once it learns of any increased amounts due under the immediately foregoing sentence, and will work with the Vendor to try to mitigate such cost increase. To the extent any such Vendor Agreement includes early termination fees (or similar charges, “Termination Fees”), LE will be solely responsible for any such Termination Fees SHMC or its Affiliates incur as a result of the Separation of LE and/or LE ceasing to use the Services under this Agreement.
Vendor Agreements. A. The Contractor is responsible for carrying out the terms of the Agreement, including the satisfaction, settlement, and resolution of all administrative, programmatic, and fiscal aspects of the program, including issues that arise out of any vendor agreements. The Contractor shall not delegate or contract these responsibilities to any other entity. This includes, but is not limited to, disputes, claims, protests of award, or other matters of a contractual nature.
B. Funds for this Agreement shall not be obligated in vendor agreements for services beyond the ending date of this Agreement.
C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California.
D. Copies of vendor agreements, Memorandums and/or Letters of Understanding shall be on file with the Contractor and shall be made available for review at the request of CDA.
E. The Contractor shall monitor the insurance requirements of its vendors in accordance with Article XII of this Exhibit D, Section E.
F. The Contractor shall require language in all vendor agreements to require all vendors to indemnify, defend, and save harmless the Contractor, its officers, agents, and employees from any and all claims and losses accruing or resulting to any contractors, vendors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Contract were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the vendor in the performance of this Contract.
G. The Contractor shall ensure that all potential vendors of Waiver Services complete a CDA-approved Vendor Application. The vendor selection process
Vendor Agreements. CONA will obtain and maintain in effect with each Vendor a written agreement with terms that permit CONA to provide the Services to Bottler, it Affiliates and the other Members of CONA (and pass through the benefits of the Vendor agreement to Bottler, its Affiliates and the other Members of CONA) consistent with the provisions of this Master Agreement, including without limitation Section 1.01.
Vendor Agreements. (a) The Parties anticipate that the Service Provider may rely upon its and its Affiliates’ existing agreements with third parties to provide certain of the Services described herein (each, a “Vendor Agreement”). If (a) the Service Provider’s or its Affiliates’ costs, fees or expenses increase under the terms of a Vendor Agreement or (b) the Vendor demands or is entitled to additional costs, fees or expenses now or in the future, then, in each case, arising from the use or provision of all or any portion of the Services pursuant to this Agreement, in addition to all other amounts due hereunder, Recipient shall be liable for the portion of associated documented increased or additional amounts under this Section 2.04 to the extent that such costs, fees or expenses are incurred in the performance of the Services, in each case as such amounts are determined by the Service Provider in good faith. All costs, fees and expenses arising under a Vendor Agreement, including any such additional costs, fees or expenses, shall be deemed “Expenses,” without duplication of the Fees. The Service Provider shall notify Recipient promptly after it learns of any increased amounts due under this Section 2.04(a). In addition, at Recipient’s request and sole cost and expense, the Service Provider will use commercially reasonable efforts to replace any such Vendor that has increased its fees with another third party provider that provides the applicable Service(s) at a lower fee and comparable level of service; provided, however, that Service Provider shall not be required to replace any Vendor if such replacement would negatively impact the Service Provider’s business in any way. To the extent any such Vendor Agreement includes early termination fees or similar charges (the “Vendor Termination Fees”), Recipient shall be solely responsible for any such Vendor Termination Fees that the Service Provider or its Affiliates incur as a result of the transaction contemplated under this Agreement and/or Recipient and/or its Affiliates ceasing to use the Services under this Agreement.
(b) In the event any third party consent, waiver or approval is required for the Service Provider or its designees to provide any Services and such consent, waiver or approval is not obtained, the Parties shall cooperate in good faith to identify a commercially reasonable alternative to such Services, if available; provided, however, that nothing in this Section 2.04 shall require the Service Provider to (i) e...
Vendor Agreements. Beginning effective January 1, 2005, within 60 days after the beginning of each calendar year during the Term of the Franchise Agreement, we will provide to the Franchisee Selection Committee a list of all Vendor agreements (including maintenance vendors recommended by us) entered into during the immediately preceding calendar year. Promptly following the selection of the Third Party Reviewer, the Franchisee Selection Committee shall identify to us in writing any such Vendor agreements which it wishes the Third Party Reviewer to review. The Third Party Reviewer may continue to review any Vendor agreements that continue from year to year for the years they are operative, as outlined above. The Third Party Reviewer will be entitled to obtain the total amount paid to us by any Vendor whose agreement it is reviewing including verifying with the Vendor the total amount paid, if it desires.
Vendor Agreements. Lessee shall have and maintain, on behalf of each Assisted Living Facility, written agreements with vendors in compliance with the Medicare prospective payment system, and otherwise comply with the rules, regulations and requirements related to the Medicare prospective payment system, each, as applicable.
Vendor Agreements. Original Equipment Manufacturers Agreement dated May 1, 1997 between Xxxxxx Incorporated and California Microwave, Satellite Transmission Systems
