Assignment of Work by Judicial Council to Another Contract Sample Clauses

Assignment of Work by Judicial Council to Another Contract. ‌ If Work is terminated in whole or in part for any reason, the Judicial Council may assign such Work, at its sole discretion, to either another contractor performing Operations and Maintenance Work in another region or to any Third-Party contractors. If another contractor is assigned Work from another region, such Work shall be performed under the same terms of this Agreement at pricing consistent with pricing proposed by the other contractor in its original proposal for that region. If the Contractor did not provide a proposal for that region, an equitable adjustment will be made based on a baseline CCI difference of cost between that contractor’s contracted region and the new region that it is being assigned Work in. Relationship of Parties‌ Contractor is an independent contractor and is not an employee or agent of the Judicial Council or any Court. Contractor, its employees and its Subcontractors, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the Judicial Council. No Contractor or Subcontractor employee is covered by any employee benefits that are provided to an employee of the Judicial Council or the Courts. Contractor is liable for the acts and omissions of itself, its employees, its Subcontractors and its agents. Contractor will determine the method, details and means of performing its obligations under this Agreement, including, without limitation, exercising full control over the employment, direction, compensation and discharge of all persons assisting the Contractor. Contractor will be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding any and all employee benefits, and all regulations governing such matters. No Assignment‌ Contractor shall not assign or transfer any of its rights or delegate any of its duties under this Agreement to any other entity, business, corporation, partnership, or individual, including but not limited to wholly or partially owned subsidiaries or other related entities of the Contractor. Any assignment or transfer of rights, or delegation of duties by the Contractor shall constitute a material breach of this Agreement allowing the Judicial Council to exercise all remedies available to it under the Agreement and applicable law. Notwithstanding the preceding, in the event of a merger of the Contractor with an entity having equal or greater net worth than the Contractor, t...
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Related to Assignment of Work by Judicial Council to Another Contract

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  • Waiver of Appellate and Post-Conviction Rights a. The defendant acknowledges, understands and agrees that by pleading guilty pursuant to this plea agreement he waives his right to appeal or collaterally attack a finding of guilt following the acceptance of this plea agreement, except on grounds of (1) ineffective assistance of counsel; or (2) prosecutorial misconduct.

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  • Limited Waiver of Sovereign Immunity Ex Contractu Contractor acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

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  • Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

  • WAIVER OF NEGOTIATIONS The Board and Union acknowledge that during negotiations resulting in this Agreement, each party had the right and opportunity to make demands and proposals with respect to any matter and that this Agreement was arrived at by the parties after the exercise of that right and opportunity. The Board and the Union shall voluntarily waive, during the life of this Agreement said rights and each agrees that the other shall not be obligated to negotiate with respect to any subject or matter irrespective of whether such matters or subject is specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time negotiations were being conducted or at the time the party signed this Agreement.

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