Excluded Materials. Material placed in a personnel file more than sixty (60) calendar days after the events/incidents referenced in the material occurred or more than sixty (60) calendar days after the College should have become or was aware of the events/incidents may not be used in any disciplinary action against any employee, except in cases where the Union and College mutually agree to an extension of the time frame. Material placed in the personnel file under any other circumstances shall be ruled improper and shall not be used as grounds or justification for any disciplinary action against such classified employee.
Excluded Materials. 2.4.1 Contractor shall not be required to collect, transport, dispose of or otherwise handle Unacceptable Waste or any other type of waste that is prohibited from being received, managed or disposed of at the Transfer Station or Sanitary Landfill by Federal, State or local law, regulation, ordinance, permit or other legal requirement (collectively, "Excluded Waste"). Title to and liability for Excluded Waste shall remain with the Generator of such waste. All waste to which the Contractor acquires title pursuant to the terms of this Agreement shall be the responsibility of the Contractor until it is properly disposed of.
Excluded Materials. Material that: (a) is prohibited from receipt at the intended disposal or processing by Applicable Law; (b) is or contains Hazardous Waste or Infectious Waste as defined below or any bio-solids (as described in Section 3.5.7); (c) Contractor reasonably believes would, as a result of or upon receipt at disposal or processing facility, be a violation of Applicable Law; or (d) in Contractor’s opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor to potential liability.
Excluded Materials. Nothing in this Section 13 shall be construed to require ALLTEL to provide Client with access to any records of whatever kind which contain information pertaining to any person or entity other than Client. In the event that the records contain commingled information relating to Client and a person or entity other than Client, ALLTEL shall mask or take other appropriate steps to maintain the confidentiality of the information relating to such other person or entity.
Excluded Materials. The term Confidential Material shall not include information of the disclosing Party which (i) at the time of disclosure is generally available to the public other than as a result of a disclosure by the receiving Party or its Representatives, (ii) was available to the receiving Party on a non-confidential basis prior to its receipt from the disclosing Party, (iii) has become available to the receiving Party on a non-confidential basis from a source other than the disclosing Party or its Representatives, but only if such source is, to the best of the receiving Party's knowledge, lawfully entitled to make such disclosure and is not bound by a confidentiality agreement with such disclosing Party, or (iv) which has been independently developed by the receiving Party or its Representatives without violation of this Agreement.
Excluded Materials. The Work Product shall not include any of Vendor's software, code, documentation, processes, inventions, discoveries, innovations or improvements that Vendor developed prior to the Planning Date , or any modifications to such materials made by Vendor after the Planning Date as may be necessary to permit Vendor to implement the business rules and processes specified in the Work Product.
Excluded Materials. To the extent that Excluded Materials are designated as such in an applicable Supplement, such Excluded Materials shall not be incorporated in any Work Product or Developed Material provided to Kraft without obtaining Kraft’s prior written approval.
Excluded Materials. Notwithstanding any terms to the contrary in this Agreement, (a) Seller shall not be obligated or otherwise required to furnish or make available to Buyer any of the following (collectively, “Excluded Materials”): (i) any appraisals or other economic evaluations of, or projections with respect to, all or any portion of the Property, including, without limitation, budgets, prepared by or on behalf of Seller or any Affiliate of Seller or any other party, (ii) any documents, materials or information which are subject to attorney/client, work product or similar privilege, which constitute attorney communications with respect to the purchase of the Property by Seller, (iii) any information which Seller, in good faith, considers proprietary and not related to the operation of the Property, and (iv) any information which is subject to any other confidentiality obligations; (b) Due Diligence Items shall not include any Excluded Materials; and (c) Seller shall have no obligation or liability of any kind to Buyer as a result of Seller not furnishing or making available to Buyer the Excluded Materials.
Excluded Materials. Excluded Materials regardless of its source.
Excluded Materials. “Excluded Materials” means any documents or other items or materials: (A) proprietary to Hotel Manager (or containing information proprietary to Hotel Manager), (B) privileged as attorney-client communications or attorney work product, (C) subject to any obligations of confidentiality (including such information contained in personnel files), (D) constituting Seller’s organizational documents and records, (E) constituting or containing appraisals or valuations of the Hotel, (F) constituting agreements, drafts of agreements or records of negotiation with respect to Seller’s acquisition or financing of the Hotel, (G) relating to other past or present prospective purchasers of the Hotel, or to the plan or strategy for marketing the Hotel (including third party purchase inquiries and correspondence), and (H) emails (other than email 116800-0001/LEGAL125685330.6 communications between employees of Seller and third parties which purport to modify or amend any Material Contract or waive or relinquish any material rights thereunder).
