Person means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind.
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.
Project means the goods or Services described in the Signature Document or a Work Order of this Contract.
Subcontractor means any person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier.
Code means the Internal Revenue Code of 1986, as amended.
Department means the department of health.
Contractor means the individual or entity, that has entered into this contract with the Commonwealth.
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.
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.
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.
Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
Agreement has the meaning set forth in the preamble.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
Party means a party to this Agreement.
Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
Company has the meaning set forth in the Preamble.
Employee means any person, including Officers and Directors, employed by the Company or any Parent or Subsidiary of the Company. Neither service as a Director nor payment of a director’s fee by the Company will be sufficient to constitute “employment” by the Company.
Act means the Securities Act of 1933, as amended.
Director means a member of the Board.
Board means the Board of Directors of the Company.
Day means calendar day.
Effective Date has the meaning set forth in the preamble.
Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared.
Software means any computer software programs, including all source code, object code, and documentation related thereto and all software modules, tools and databases.