We note Sample Clauses

We note. Mobile Devices you lease from Us come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Your Mobile Device repaired or replaced if Your Mobile Device fails to be of acceptable quality and the failure does not amount to a major failure under the Australian Consumer Law. Your ability to choose a particular remedy will also depend on whether any failure to comply with a guarantee is a minor or major failure under the Australian Consumer Law. We can choose which remedy We may provide for a minor failure (being any failure which does not constitute a major failure). A major failure includes a problem where a Mobile Device would not have been purchased by a reasonable consumer who was fully aware of the problem, a Mobile Device is substantially unfit for its common purposes and cannot be fixed within a reasonable time or where a Mobile Device is unsafe.
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  • NOTE For Community-­‐Based TLDs Only] Obligations of Registry Operator to TLD Community. Registry Operator shall establish registration policies in conformity with the application submitted with respect to the TLD for: (i) naming conventions within the TLD, (ii) requirements for registration by members of the TLD community, and (iii) use of registered domain names in conformity with the stated purpose of the community-­‐based TLD. Registry Operator shall operate the TLD in a manner that allows the TLD community to discuss and participate in the development and modification of policies and practices for the TLD. Registry Operator shall establish procedures for the enforcement of registration policies for the TLD, and resolution of disputes concerning compliance with TLD registration policies, and shall enforce such registration policies. Registry Operator agrees to implement and be bound by the Registry Restrictions Dispute Resolution Procedure as set forth at [insert applicable URL] with respect to disputes arising pursuant to this Section 2.19. Registry Operator shall implement and comply with the community registration policies set forth on Specification 12 attached hereto.]

  • PLEASE NOTE Retail clinics located in retail stores, supermarkets and pharmacies are not considered urgent care centers. The amount you pay for services at a retail based clinic differs from the amount you pay for urgent care services. See the Summary of Medical Benefits for details.

  • Promissory Note The Promissory Note is enclosed. The Chief Financial Officer is required to sign it and return it to the OPWC Loan Officer, Xxxxx XxXxxx. It is preferable that you scan and email it to her at Xxxxx.XxXxxx@xxx.xxxxx.xx.xx but may also mail it to the address on our letterhead. Only use one method.

  • Special Note The net present value calculation used to determine whether a loan should be modified based on the modification process above is distinct and different from the net present value calculation used to determine the covered loss if the loan is modified. Please refer only to the net present value calculation described in this exhibit for the modification process, with its separate assumptions, when determining whether to provide a modification to a borrower. Separate assumptions may include, without limitation, Assuming Bank’s determination of a probability of default without modification, a probability of default with modification, home price forecasts, prepayment speeds, and event timing. These assumptions are applied to different projected cash flows over the term of the loan, such as the projected cash flow of the loan performing or defaulting without modification and the projected cash flow of the loan performing or defaulting with modification. By contrast, the net present value for determining the covered loss is based on a 10 year period. While the assumptions in the net present value calculation used in the modification process may change, the net present value calculation for determining the covered loss remains constant. EXHIBIT 4.15B COMMERCIAL AND OTHER ASSETS SHARED-LOSS AGREEMENT This agreement for reimbursement of loss sharing expenses on certain loans and other assets (the “Commercial Shared-Loss Agreement”) shall apply when the Assuming Bank purchases Shared-Loss Assets as that term is defined herein. The terms hereof shall modify and supplement, as necessary, the terms of the Purchase and Assumption Agreement to which this Commercial Shared-Loss Agreement is attached as Exhibit 4.15B and incorporated therein. To the extent any inconsistencies may arise between the terms of the Purchase and Assumption Agreement and this Commercial Shared-Loss Agreement with respect to the subject matter of this Commercial Shared-Loss Agreement, the terms of this Commercial Shared-Loss Agreement shall control. References in this Commercial Shared-Loss Agreement to a particular Section shall be deemed to refer to a Section in this Commercial Shared-Loss Agreement unless the context indicates that a Section of the Purchase and Assumption Agreement is intended.

  • Guidance Note Customer to insert liability limits which are appropriate for its requirements and represent the right apportionment of risk between the Customer and the Supplier. The aim should be to establish liability ceilings reflecting a combination of the best estimate of the losses that the Customer might suffer in the event of a default by the Supplier, the likelihood of those losses occurring and the value for money considerations in limiting liability A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

  • TYPE OF FILING NOTE Parties making multiple requests (such as seeking to adopt a previously approved Agreement and Commission approval of new negotiated amendments to that agreement) should submit a separate checklist for each requested action. ☐ Adoption: Adopts existing carrier-to-carrier agreement approved by the Commission. • Docket ARB ☐■ • Parties to prior agreement: & New Agreement: Seeks approval of a new negotiated agreement. Does adoption or agreement replace an existing agreement between the parties? ☐■ NO ☐ YES, Docket ARB ☐ Amendment: Amends an existing carrier to carrier agreement. Docket ARB Does this filing replace an agreement or amendment currently pending Commission approval? ☐■ NO ☐ YES, Docket ARB , Filed on Attachment(s) provided on CD, DVD or flash drive. FM906 2/2015 Print Commercial Mobile Radio Services (CMRS) By and Between United Telephone Company of the Northwest d/b/a CenturyLink and Charge Communication Inc. For the State of Oregon TABLE OF CONTENTS ARTICLE I. DEFINITIONS 5 1. GENERAL RULES 5 2. DEFINITIONS 5 ARTICLE II. GENERAL TERMS AND CONDITIONS 17 3. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS 17 4. POSITION OF THE PARTIES 17 5. REGULATORY APPROVALS 17 6. EFFECTIVE DATE, TERM AND TERMINATION 17 7. CARRIER CERTIFICATION 20 8. APPLICABLE LAW 20 9. CHANGES IN LAW 21 10. AMENDMENTS 22 11. ASSIGNMENT 23 12. CONFIDENTIAL INFORMATION 23 13. CONSENT 24 14. CONTACTS BETWEEN THE PARTIES 24 15. GENERAL DISPUTE RESOLUTION 25 16. ENTIRE AGREEMENT 26 17. FORCE MAJEURE 27 18. FRAUD 27 19. HEADINGS 28 20. INTELLECTUAL PROPERTY 28 21. LAW ENFORCEMENT 29 22. LIABILITY AND INDEMNIFICATION 30 23. SUBCONTRACTORS 33 24. INSURANCE 33 25. NON-EXCLUSIVE REMEDIES 34 26. RESERVATION OF RIGHTS 34 27. NOTICES 35 28. REFERENCES 36 29. RELATIONSHIP OF THE PARTIES 36 30. SUCCESSORS AND ASSIGNS – BINDING EFFECT 37 31. SURVIVAL 37 32. TAXES/FEES 37 33. TERRITORY 38 34. THIRD-PARTY BENEFICIARIES 38 35. USE OF SERVICE 38 36. WAIVER 39 37. WITHDRAWAL OF SERVICES 39 38. TECHNOLOGY UPGRADES 39 ARTICLE III. IMPLEMENTATION 40 39. IMPLEMENTATION PLAN 40 40. SECURITY DEPOSIT 40 41. START-UP DOCUMENTATION 41 42. LETTER OF AUTHORIZATION (LOA) 41 ARTICLE IV. OPERATIONAL TERMS 44 43. STANDARD PRACTICES 44 44. ESCALATION PROCEDURES 44 45. CONTACT WITH END USERS 44 46. CAPACITY PLANNING AND FORECASTS 44 47. BONA FIDE REQUEST (BFR) 46 48. ORDERING AND PROVISIONING 48 49. BILLING AND PAYMENTS/DISPUTED AMOUNTS 49 50. AUDITS 53 51. CENTURYLINK OSS INFORMATION 54 52. NETWORK MANAGEMENT 57 53. MAINTENANCE AND REPAIR 58 ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC 59 54. SERVICES COVERED 59 55. NETWORK INTERCONNECTION METHODS 59 56. SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS 64 57. INTERCARRIER COMPENSATION 70 58. TRANSIT TRAFFIC 73 ARTICLE VI. ADDITIONAL SERVICES 76 59. NUMBER PORTABILITY 76 60. 70. ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY 79 61. BASIC 911 AND E911 SERVICE 79 62. DIRECTORY ASSISTANCE 85 ARTICLE VII. PRICING 86 63. GENERAL PRICING TERMS 86 64. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS 86 65. APPLICATION OF NON-RECURRING CHARGES 86 66. INDIVIDUAL CASE BASIS PRICING (ICB) 86 ARTICLE VIII. MISCELLANEOUS 88 67. AUTHORIZATION AND AUTHORITY 88 68. COUNTERPARTS 88 SIGNATURE PAGE 89 TABLE 1 RATES This CMRS Interconnection Agreement (“Agreement”) is entered into by and between United Telephone Company of the Northwest d/b/a CenturyLink (“CenturyLink”), and Charge Communication Inc. (“Carrier”), in its capacity as a licensed provider of Commercial Mobile Radio Service (“CMRS”). CenturyLink and Carrier are herein referred to collectively as the “Parties” and each individually as a “Party.” This Agreement covers services in the State of Oregon.

  • DRAFTER’S NOTE Subparagraph (G) below is to refer back to the NONDISCRIMINATION ASSURANCE paragraph #.

  • Supplier                                Note The Reading Warehouse sells books and instructional materials to schools and libraries at the guaranteed lowest price. TRW will save you money! We carry over 6 million titles in inventory, offer fast shipping, and have the most educator-friendly service in the world. We love our teachers! Requested Attachments Agreement Signature Form 220802 Agreement Signature Form (Signed).pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here. If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document. All Other Certificates No response All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Pricing Form 2 220802 Pricing Form 2.xlsx The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.

  • Promissory Notes Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its permitted registered assigns) and in a form attached hereto as Exhibit C. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its permitted registered assigns).

  • Compiler’s note On October 1, 2005 the following amendments were made to Section 305:

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