CONTRACT XXXXXXXX Contractor and the distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Xxxxxxxx for Authorized Users must contain all information required by the Contract and the State Comptroller. The State Comptroller shall render payment for Authorized User purchases, and such payment shall be made in accordance with ordinary State procedures and practices. Payment of Contract purchases made by Authorized Users, other than Agencies, shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Submission of an invoice and payment thereof shall not preclude the Commissioner from reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract.
Xxxxxxx, 265 Cal App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives (to the extent permitted by Law) and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Collateral Agent or any other Secured Party may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Administrative Agent, the Collateral Agent or any other Secured Party may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Secured Parties are relying on this waiver in creating the Obligations, and that this waiver is a material part of the consideration which the Secured Parties are receiving for creating the Obligations.
JOB XXXXXXX (a) There shall be a Xxxxxxx on each job at all times, who shall be a Union Member in good standing, and shall be appointed by the Business Representative, from amongst the Employees on the job. The Union shall notify the Employer, in writing, who their Xxxxxxx is. If the Employer disapproves of the said appointed Xxxxxxx, they shall immediately notify the Union, in writing, stating the reasons for their disapproval. If their reasons are acceptable to the Union, a new Xxxxxxx will be appointed immediately. If not acceptable, the Union and the Employer will meet to discuss the reasons for disapproval, and if necessary, grievance procedure will be followed. The Xxxxxxx shall keep a record of members hired, laid-off, and discharged, and shall take up all grievances on the job, and try to have same adjusted. In the event he/she cannot adjust them, he/she must promptly report that fact to the Business Representatives of the Union, so STEP 2 of the Grievance Procedure can be followed through. He/She shall see that the provisions of this Agreement are complied with and report the true conditions and facts. It is recognized as the Employer’s responsibility to make whatever provisions are necessary for the care of injured worker. It shall be the duty of the Xxxxxxx to see that the Employer fulfils its obligation. The Employer agrees that when Employees are laid-off, all things being equal, the Xxxxxxx will be one of the last employees laid-off. The Employer further agrees that the Xxxxxxx will not be transferred to another jobsite unless mutually agreed by the Employer Representative and the Union Representative. The Union agrees that the Xxxxxxx shall not be changed without prior notification to the Employer.
SHOP XXXXXXX (a) The Union may elect or appoint a Shop Xxxxxxx or Shop Stewards to represent the employees and the Union shall notify the Company as to the name or names of such Shop Xxxxxxx or Shop Stewards. The Company agrees that no Shop Xxxxxxx shall suffer any discrimination by reason of holding such office.
Xxxxxxx X Xxxxx....................................
Xxxxxx, Xx Xx. Xxxxxx xx a graduate of the Colorado School of Mines with a Petroleum Engineering degree and a graduate of the Smaller Company Management program at the Harvard Graduate School of
Xxxxxx X Xxxxxx (“Xxxxxx”) is hereby appointed as an “authorized person” of the Company within the meaning of the Act (an “Authorized Person”) for the sole purpose of executing, delivering and filing the certificate of formation of the Company. Xxxxxx’x powers as Authorized Person shall be terminated immediately after the filing of the Certificate of Formation.
Nxxxx X Xxxxxxx is hereby designated as the Chief Executive Officer and Chief Financial Officer and Jxxx Xxxxxxxxx is designated the General Counsel and Secretary of the Company, each to serve in such capacity until his earlier death, resignation or removal from office.
Xxxxxxx, Xx Any notice from the Dealer Manager to Selected Broker-Dealer shall be deemed to have been duly given if mailed, communicated by electronic delivery or facsimile or delivered by overnight courier to Selected Broker-Dealer at Selected Broker-Dealer’s address shown below.
Xxx 0000 This Lease does not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Xxx 0000 to enforce or otherwise invoke any provision of this Lease. Energy Performance53 The Tenant must not commission an EPC in respect of the Premises unless required to do so by the Energy Performance of Buildings (Scotland) Regulations 2008. If the Tenant is required to commission an EPC, the Tenant must (at the Landlord's option) commission an EPC from an assessor approved by the Landlord or pay the Landlord's costs of commissioning an EPC for the Premises. The Tenant must not commission an Action Plan in respect of the Premises. The Tenant must co-operate with the Landlord, so far as is necessary, to allow the Landlord to commission any EPC or Action Plan for the Premises or the Estate and: provide the Landlord (at the Landlord's cost) with copies of any plans or other information held by the Tenant that would assist in commissioning that EPC or Action Plan; and allow such access to the Premises to any energy assessor appointed by the Landlord as is necessary to inspect the Premises for the purposes of preparing any EPC or Action Plan. The Tenant must give the Landlord written details on request of the unique reference number of any EPC the Tenant commissions in respect of the Premises. The Landlord must give the Tenant written details on request of the unique reference number of any EPC the Landlord commissions in respect of the Premises or the Estate. [Sustainability The Landlord and Tenant must comply with the provisions of Part 7 of the Schedule.]54 [Break Clause] [The Tenant may terminate this Lease on [any] [the] Break Date by giving the Landlord formal notice of not less than [Insert length] months [specifying the Break Date]55 following which the Term will end on that Break Date[ if:56 on the Break Date the Rent due on or before that Break Date and any VAT payable on it has been paid in full; [and] on the Break Date the whole of the Premises are given back to the Landlord[ free of the Tenant's occupation and the occupation of any other occupier and without any continuing sub-leases]57[; and the Tenant has, on or before the Break Date, paid to the Landlord an amount equal to [Insert figure/proportion of the Rent] (plus any VAT payable on that amount)]]. The Landlord may waive any of the pre-conditions in [Clauses 7.1.1 to 7.1.3] at any time before the [relevant] Break Date by notifying the Tenant. [If the Tenant gives formal notice to the Landlord under Clause 7.1, the Tenant must on or before the Break Date make the payment to the Landlord as detailed in Clause 7.1.3.] [The break right in this Clause 7 is personal to the Tenant (here meaning [ ] Limited (Registered Number [ ])) and will end on the effective date of any permitted assignation of this Lease or on the date when the said [ ] Limited ceases to exist.] If this Lease ends under this Clause 7, this will not affect the rights of any party for any prior breach of an obligation in this Lease.58 Time is of the essence for the purposes of this Clause 7.]