Annexes “Exhibits”, or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. References to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document shall include all schedules, exhibits, annexes and other attachments thereto. As used in this Agreement, the meaning of the term “material” or the phrase “in all material respects” is intended to refer to an act, omission, violation or condition which reflects or could reasonably be expected to result in a Material Adverse Effect. References to capitalized terms that are not defined herein, but are defined in the UCC, shall have the meanings given them in the UCC. All references herein to times of day shall be references to daylight or standard time, as applicable.
Exhibits means the several exhibits referred to and identified in this Agreement.
Annexures means any of the annexures, appendices, supplements or documents annexed to this Agreement and as amended from time to time;
Schedules means the schedules to this Agreement.
Appendices has the meaning ascribed to it in the recitals to the Agreement.
The Amended Exhibit A has also been updated: 1) to reflect the name changes for ING Pioneer Fund Portfolio to ING Multi-Manager Large Cap Core Portfolio, ING International Growth Fund to ING Multi-Manager International Equity Fund, ING Index Plus MidCap Fund to ING SXXX Cap Equity Fund, ING Dxxxx New York Venture Portfolio to ING Columbia Contrarian Core Portfolio, ING Invesco Vxx Xxxxxx Cxxxxxxx Portfolio to ING Invesco Cxxxxxxx Portfolio, ING Invesco Vxx Xxxxxx Equity and Income Portfolio to ING Invesco Equity and Income Portfolio, ING Solution Growth Portfolio to ING Solution Balanced Portfolio, ING Solution Aggressive Growth Portfolio to ING Solution Moderately Aggressive Portfolio, ING Solution Moderate Portfolio to ING Solution Moderately Conservative Portfolio, and ING WisdomTreeSM Global High-Yielding Equity Index Portfolio to ING Global Value Advantage Portfolio; and 2) to reflect the removal of ING Value Choice Fund, ING International Value Choice Fund, ING Growth and Index Core Portfolio, ING DFA Global Allocation Portfolio, ING Gxxxxxx Sxxxx Commodity Strategy Portfolio, ING Oxxxxxxxxxx Active Allocation Portfolio, and ING GET U.S. Core Portfolios – Series 12 and Series 13, because these series recently liquidated, merged away, or matured.
Addenda “Addendum” or “Amendment(s)” shall mean a clarification, revision, addition, or deletion to this Invitation For Bid by City which shall become a part of the agreement between the parties.
Day-Ahead Schedule has the meaning set forth in the CAISO Tariff.
Special Contract Attachments means any attachment to this Contract.
Annexure F means, if applicable to the Product or the subject matter of this Agreement and read conjunctively with the Contractor’s obligations in terms of the Consumer Protection Act, the express warranties provided by the Contractor in relation to the Product.
Annexure A means the Contractor’s tender to supply the Product or render the Services or works to JOBURG MARKET in terms of the scope of work and on the terms and conditions, pricing and payment terms set out therein.
Disclosure Schedules means the Disclosure Schedules of the Company delivered concurrently herewith.
Addendum/Addenda means formally issued written or graphic modifications and/or interpretations of the Construction Documents that may add to, delete from, clarify or correct the description and/or scope of the Work. Addenda are issued during the bidding phase of the project.
Buyer Disclosure Schedules means the disclosure schedules delivered by Buyer to Seller concurrently with the execution and delivery of this Agreement.
Attachments means any item the Solicitation requires a Service Provider to submit as part of the Offer.
Seller Disclosure Schedules means those certain Seller Disclosure Schedules dated as of the date of this Agreement, provided by Seller to Purchaser.
Documents Incorporated by Reference means all financial statements, management’s discussion and analysis, management information circulars, annual information forms, material change reports or other documents issued by the Corporation, whether before or after the date of this Agreement, that are required by NI 44-101 to be incorporated by reference into the Prospectus or any Prospectus Amendment;
Annexure means the Annexure to the terms and conditions.
Annexure E means, if applicable in terms of the scope of work, the Contractor’s Project Plan delivered to JOBURG MARKET within the time specified therefore.
Addenda/Addendum means supplemental additions, deletions, and modifications to the provisions of the RFP after the release date of the RFP.
Company Disclosure Schedules means the disclosure schedules delivered by the Company to the Commitment Parties on the date of this Agreement.
Incorporated Documents means the documents that at the time of filing are incorporated by reference in the Registration Statement, any Preliminary Prospectus, the Prospectus or any amendment or supplement thereto.
Addendum/Addenda means a change, or addition, or correction significant enough to be formally made to this RFP. Addenda are posted on the City websites.
Service Schedules has the meaning set forth in Section 2.1.
TO Agreement means this signed TO Agreement between DoIT and TO Contractor.
Annexure C means, if applicable to the subject matter of this Agreement and the Contractor’s obligations in terms thereof, the Contractor’s Personnel Schedule.