Commonwealth of Virginia. If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at xxxx://xxx.xxxxx.xxxxxxxx.xxx/food‐extended‐ service‐contractproviders.shtml to file a complaint.
Commonwealth of Virginia. Composite Hydrograph. A graph showing the mean daily discharge versus the day, indicating trends in high and low flow for a one-year period.
Commonwealth of Virginia. The Commonwealth of Virginia under its relevant authority expects to modify or issue any permits necessary to implement this FPA. Specifically, in accordance with 9 VAC 00-00-000.G, “The director may issue an experimental facility permit for any solid waste treatment facility which proposes to utilize an innovative and experimental solid waste treatment technology or process…”, Maplewood and King Xxxxxx County Landfill, will submit permit amendment applications to obtain experimental permits for the proposed bioreactor landfill areas. Specific criteria will be developed by the Office of Solid Waste Permitting at VADEQ to guide the design, operation, and construction of bioreactor landfills. The staff in the office will review the experimental permit application for different aspects including local certification, design, construction, operation, closure, variance, finance assurance, and public participation. In the current permits, both facilities hold a variance to the requirements of 9 VAC 00-00-000.B.9, which addresses requirements for liner systems; as shown on Figure 2, both landfills were constructed having double-liner system but neither landfill has a composite liner consisting of a geomembrane underlain by a two-foot thick layer of clay having a hydraulic conductivity of 1 x 10-7 cm/sec, as required by RCRA Subtitle D and VSWMR. Under the current federal and state regulations, the facilities must file variance petitions for recirculating leachate within landfills underlain by alternate liner systems. In addition, both facilties must submit an additional variance petition to the VADEQ for introducing bulk liquids into the proposed bioreactor landfill area. If the permit applications are found to be administratively complete and technically acceptable, draft permits will be developed by the VADEQ. The permit issuance procedure will follow 9 VAC 00-00-000.E, in which a public notice of the draft permit shall be made and a public hearing shall be held subsequently. The VADEQ director will make a final decision to the permit, to deny a permit or to amend the draft permit within 30 days of the close of the hearing comment period. In accordance with 9 VAC 00-00-000.G, an experimental permit shall provide for operation of the facility for no longer than one calendar year unless renewed as provided in 9 VAC 00-00-000.G.3 which stipulates that the permit may be renewed no more than three times with each renewal for a period of not more than one calendar yea...
Commonwealth of Virginia shall list LICENSOR as an additional named insured thereunder, shall be endorsed to include product liability coverage and shall require reasonable written notice to be given to LICENSOR prior to any cancellation or material change thereof. The limits of such insurance shall not be less than one million dollars ($1,000,000) per occurrence with an aggregate of five million ($5,000,000) for personal injury or death, and one million dollars ($1,000,000) per occurrence with aggregate of three million dollars ($3,000,000) for property damage. LICENSEE shall provide LICENSOR with Certificates of Insurance evidencing same.
7.8 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND VALIDITY OF THE CLAIMS OF ANY PATENTS ON THE TECHNOLOGY ISSUED OR PENDING, OR FREEDOM OF A PRODUCT THAT EMBODIES THE TECHNOLOGY FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. IN NO EVENT SHALL LICENSOR, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, WHETHER LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.
7.9 For the purposes of this Agreement "Force Majeure" means any circumstances beyond the reasonable control of either party including, without limitation, any strike, lock-out, or other form of industrial action. If either party is affected by Force Majeure, it shall forthwith notify the other party of the nature and extent thereof. Neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or the nonperformance, of any of its obligations under this Agreement, to the extent that such delay or nonperformance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly. If the Force Majeure in question prevails for a continuous period in excess of six (6) months, the parties shall enter into bona fide discussions with a view to alleviating its effects...
Commonwealth of Virginia. Warehouser license; Some licensure regulations and statutes in additional states may apply to the Company's activities. Although the Company's failure to possess such licenses in these states for the Company's existing operations may subject the company to certain monetary fines, the Company does not believe the extent of such fines, in the aggregate, will be material to the Company's liquidity, financial condition or results of operation. The Company has not received any notification of violation of any state of jurisdiction's licensure or permit laws or regulations. The Company is party to the following instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of Company:
a. The Company has outstanding options to purchase a total of 3,151,756 shares of its common stock under its 1998 Stock Option Plan as of the date of the Stock Purchase Agreement. The name of each optionholder and the number of shares represented by each option grant is set forth on attached Schedule 1 to Disclosure Schedule 3.22, dated as of the date of the Stock Purchase Agreement. Pursuant to an Information Memorandum of the Company dated September 29, 2003, the Company is offering to repurchase outstanding options and warrants to purchase its common stock.
b. On December 18, 1998, the Company issued to ReliaStar Financial Corp. ("Reliastar") a warrant (the "Warrant") to purchase 245,000 shares of the Company's common stock at an exercise price of $.01 per share. The Warrant was issued in connection with the Preferred Stock and Warrant Purchase Agreement, dated as of December 18, 1998, between the Company and Reliastar. The Warrant was subsequently transferred by Reliastar to Security Life of Denver Insurance Company, an affiliate of Reliastar. Pursuant to an Information Memorandum of the Company dated September 29, 2003, the Company is offering to repurchase outstanding options and warrants to purchase its common stock. Under the letter agreement dated September 26, 2003 between the Company and Security Life of Denver Insurance Company, Security Life of Denver Insurance Company agreed that the Company will repurchase the Warrant concurrently with the closing of the Credit Agreement.
c. The Preferred Stock and Warrant Purchase Agreement between Universal Hospital Services, Inc. and ReliaStar Financial Corp. dated December 18, 1998, pursuant to which the Company has 6,246 shares of its Series B 13% Cumulative...
Commonwealth of Virginia. The Parties hereby consent arid submit to the personal jurisdiction of the state and federal courts located in the Commonwealth of Virginia.
Commonwealth of Virginia. Contract – The Terms and Conditions of the Invitation for Bids in which a bidder must sign and abide by.
Commonwealth of Virginia. The captions used herein as headings of the various paragraphs hereof are for convenience only and are not to be used in determining or construing the intent or context of this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties, their spouses, heirs, executors, personal representatives, and permitted assigns.
Commonwealth of Virginia. The Commonwealth of Virginia and any other public entity providing funding for this Contract shall have the same rights as provided to the parties named herein.
Commonwealth of Virginia. Warehouser license; Some licensure regulations and statutes in additional states may apply to the Company's activities. Although the Company's failure to possess such licenses in these states for the Company's existing operations may subject the company to certain monetary fines, the Company does not believe the extent of such fines, in the aggregate, will be material to the Company's liquidity, financial condition or results of operation. The Company has not received any notification of violation of any state of jurisdiction's licensure or permit laws or regulations. ## Denotes confidential information that has been omitted from the exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933. The Company is party to the following instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of Company:
a. The Company has outstanding options to purchase a total of 3,151,756 shares of its common stock under its 1998 Stock Option Plan as of the date of the Stock Purchase Agreement. The name of each optionholder and the number of shares represented by each option grant is set forth on attached Schedule 1 to Disclosure Schedule 3.22, dated as of the date of the Stock Purchase Agreement. Pursuant to an Information Memorandum of the Company dated September 29, 2003, the Company is offering to repurchase outstanding options and warrants to purchase its common stock.
b. On December 18, 1998, the Company issued to ReliaStar Financial Corp. ("Reliastar") a warrant (the "Warrant") to purchase 245,000 shares of the Company's common stock at an exercise price of $.01 per share. The Warrant was issued in connection with the Preferred Stock and Warrant Purchase Agreement, dated as of December 18, 1998, between the Company and Reliastar. The Warrant was subsequently transferred by Reliastar to Security Life of Denver Insurance Company, an affiliate of Reliastar. Pursuant to an Information Memorandum of the Company dated September 29, 2003, the Company is offering to repurchase outstanding options and warrants to purchase its common stock. Under the letter agreement dated September 26, 2003 between the Company and Security Life of Denver Insurance Company, Security Life of Denver Insurance Company agreed that the Company will repurchase the Warrant concurrently with the closing of the Cred...