401 General Clause Samples

The '401 General' clause serves as an overarching provision that establishes the general requirements or principles applicable to the section or contract it introduces. Typically, this clause sets the stage for more specific terms that follow, outlining the scope, applicability, or baseline obligations for the parties involved. For example, it may clarify that all subsequent provisions in the section are subject to the general rules stated here. Its core practical function is to provide a clear framework and context for interpreting the detailed clauses that follow, ensuring consistency and reducing ambiguity throughout the contract.
401 General. In no event whatsoever shall the total fee payable to the Consultant pursuant to this agreement, including all costs and disbursements whatsoever, excess (maximum amount of contract; ($ ).
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401 General. The OSDBU Director will be the primary point of contact with the U.S. Small Business Administration and fa- cilitate the formulation of policies to ensure maximum practicable opportu- nities are available to small business concerns in prime and subcontracting opportunities.
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401 General. A. In no event whatsoever shall the total fee payable to the Consultant pursuant to this Agreement, including all costs and disbursements whatsoever, exceed $XXX,000 (XXXXX thousand dollars.) B. The Consultant shall have the right to ▇▇▇▇ the City on a monthly basis for services performed and not already billed. C. The Consultant shall submit duly executed vouchers upon forms which shall be supplied by the City, plus supporting documentation required by the City, in order to receive payment. D. The City may audit the Consultant=s performance of this agreement, the adequacy of the Consultant=s accounting system, and the reasonableness of the Consultant=s overhead rates, and retain the results for New York State or Federal audit of the project. Costs claimed by or previously paid to the Consultant that cannot be appropriately supported or which do not comply with applicable City, New York State, or Federal regulations are subject to disallowance. Amounts paid to the Consultant that are subsequently disallowed are subject to recovery by the City from the Consultant or, at the option of the City, may be offset or reduced against current or future payment claims on this or other projects. Section 1. 402 Fee for Basic Services, Reimbursable Expenses, Fixed Fee, and Retainage A. The fee payable to the Consultant for Basic Services pursuant to this Agreement shall be as initially set forth in Schedule A. B. The fee payable to the consultant for Overhead Allowance pursuant to this Agreement shall be as initially set forth in Schedule A. C. The fees payable to the Consultant for Reimbursable Expenses pursuant to this Agreement shall be as initially set forth in Schedule A. D. The fees payable to the Consultant for the Fixed Fee pursuant to this Agreement shall be as initially set forth in Schedule A. E. The City agrees to pay and the Consultant agrees to accept as full payment for the work and service performed pursuant to this Agreement the following fees, payable in the following manner:
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401 General. A. The Consultant shall perform professional services for the not-to-exceed fees indicated in Schedule A, and in conjunction with the hourly rate schedule included in Appendix I of this Agreement. B. In no event whatsoever shall the total fee payable to the Consultant pursuant to this Agreement, including all costs and disbursements exceed [total PSA – “one thousand dollars” and ($1,000.00)] C. The Consultant shall have the right to bill the City for services performed and not already billed on a monthly basis. D. The Consultant shall submit duly executed vouchers upon forms which shall be supplied by the City in order to receive payment.
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401 General. Incentive contracts as described in this subpart are appropriate when a firm-fixed-price contract is not appro- priate and the required supplies or services can be acquired at lower costs and, in certain instances, with im- proved delivery or technical perform- ance, by relating the amount of profit or fee payable under the contract to the contractor’s performance. Incen- tive contracts are designed to obtain specific acquisition objectives by—
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401 General. This subpart provides— (a) Guidance regarding tailoring of the paragraphs in the clause at 52.212– 4, Contract Terms and Conditions— Commercial Items, when the para- graphs do not reflect the customary practice for a particular market; and (b) Guidance on the administration of contracts for commercial items in those areas where the terms and condi- tions in 52.212–4 differ substantially from those contained elsewhere in the FAR.
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Related to 401 General

  • 1General Nothing in this Agreement shall prevent a Party from utilizing the services of any subcontractor as it deems appropriate to perform its obligations under this Agreement; provided, however, that each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing such services and each Party shall remain primarily liable to the other Parties for the performance of such subcontractor.

  • GENERAL DESCRIPTION AND LIMITATIONS Competitive Supplier is hereby granted the exclusive right to provide All-Requirements Power Supply to Participating Consumers pursuant to the terms of the Program and this ESA. For the avoidance of doubt, Competitive Supplier shall be authorized to supply All-Requirements Power Supply only to Participating Consumers, and the Local Distributor will continue to have the right and obligation to supply electricity to Eligible Consumers who opt-out of the Program and remain on, or return to, Basic Service, until changes in law, regulation or policy may allow otherwise. Competitive Supplier further recognizes that this ESA does not guarantee that any individual Eligible Consumer will be served by the Competitive Supplier. In accordance with Article 3 below, all Eligible Consumers shall be automatically enrolled in the Program unless they choose to opt-out. In the event the geographic boundaries of the Town change during the term of this ESA, Competitive Supplier shall only be obligated to supply All- Requirements Service to those Participating Consumers located within the Town as such boundaries existed on the Effective Date of this ESA. As between the Parties, the Competitive Supplier has the sole obligation of making appropriate arrangements with the Local Distributor, and any arrangements which may be necessary with the ISO-NE so that Participating Consumers receive the electricity supplies to be delivered pursuant to this ESA. The Town shall specifically authorize the Local Distributor to provide, and Competitive Supplier the right to obtain and utilize as required, all billing and energy consumption information for Participating Consumers as is reasonably available from the Local Distributor. Competitive Supplier shall request consumption data for individual Participating Consumers from the Local Distributor via EDI. If further action is required by the Local Distributor to authorize Competitive Supplier to receive such consumption and billing data, the Town agrees to use Commercially Reasonable efforts, at Competitive Supplier’s cost, to assist Competitive Supplier, if so requested by it, in obtaining such information for Participating Consumers, including, without limitation, assisting Competitive Supplier in obtaining permission from such Eligible Consumers and/or the Department, where necessary as a prerequisite to the provision of such information. Competitive Supplier shall not be responsible for any errors that Competitive Supplier makes in the provision of All-Requirements Power Supply to the extent such errors are caused by errors or omissions in the information provided to it by the Local Distributor.

  • Services Generally Commencing on the Listing Date and continuing until the Termination Date, to the extent reasonably requested by the Company, the Service Provider shall render to the Company, by and through such of the Service Provider’s officers, employees, independent contractors, consultants, agents, representatives and affiliates as the Service Provider, in its sole discretion, may designate from time to time, support and administrative services (collectively, the “Services”), including research, due diligence, transaction process management and execution, information technology, public and investor relations, legal, facilities management, back office, vendor management, accounting, book and record keeping, cash management, secretarial services and other services in connection with identifying and evaluating potential initial Business Combination targets that the Service Provider may recommend to the Company; provided that the Service Provider shall not provide any investment advice to the Company.

  • DIVERSIFICATION AND RELATED LIMITATIONS 6.1. The Trust and MFS represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. 6.2. The Trust and MFS represent that each Portfolio will elect to be qualified as a Regulated Investment Company under Subchapter M of the Code and that they will maintain such qualification (under Subchapter M or any successor or similar provision).

  • Management Generally The management of the Company shall be vested exclusively in the Managing Member. Except as authorized by the Managing Member, or as expressly set forth in this Agreement, the Non-Managing Members shall have no part in the management of the Company, and shall have no authority or right to act on behalf of the Company in connection with any matter. The Managing Member, and any Affiliate of the Managing Member, may engage in any other business venture, whether or not such business is similar to the business of the Company, and neither the Company nor any Non-Managing Member shall have any rights in or to such ventures or the income or profits derived therefrom.