Commission means the Securities and Exchange Commission.
State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Project means the goods or Services described in the Signature Document or a Work Order of this Contract.
Intellectual Property Rights shall have the meaning ascribed to such term in Section 3.1(p).
Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared.
Parties has the meaning set forth in the Preamble.
Business Day means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
Department means the department of health.
Commissioner means the commissioner of insurance.
Day means calendar day.
Customer means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The “Customer” may also be the “Buyer” as defined in the PUR 1001 if it meets the definition of both terms.
Effective Date has the meaning set forth in the preamble.
Authority means any governmental, regulatory or administrative body, agency or authority, any court or judicial authority, any arbitrator, or any public, private or industry regulatory authority, whether international, national, Federal, state, or local.
Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
Contract Price means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.
Owner means the person in whose name American Depositary Shares are registered on the books of the Depositary maintained for that purpose.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
Contractor means the individual or entity, that has entered into this contract with the Commonwealth.
Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.
Confidential Information has the meaning set forth in Section 6.1.
Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.
Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.
Code means the Internal Revenue Code of 1986, as amended.
Applicant shall have the meaning given to such term in Section 5.10.
Company has the meaning set forth in the Preamble.