Supplemental Agreements The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement. Survival Clause All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.
Supplemental Agreement If the State finds that the work does constitute additional work, the State shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6,
Sales and Supplemental Agreements The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.
TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.
EFFECT OF THIS SUPPLEMENTAL AGREEMENT ON THE CONTRACT The Contract, as amended by this Supplemental Agreement, shall remain in full force and effect in accordance with its terms, and during the period in which the amendments made by this Supplemental Agreement are to have effect all references in the Contract to “the contract”, “herein”, “hereof”, “hereunder” and other similar expressions shall, unless the context requires otherwise, be read and construed as a reference to the Contract as amended by this Supplemental Agreement.
Execution of Additional Agreements In executing, or accepting the agencies created by, any additional agreement permitted by this Agreement, or the modifications of the agencies created by this Agreement, the Global Agent shall be entitled to conclusively rely upon a written opinion of counsel stating that the execution of such additional agreement is authorized or permitted by this Agreement, that all conditions precedent to such additional agreement have been satisfied and that such additional agreement constitutes the legal, valid and binding obligation of Issuer enforceable in accordance with its terms and subject to customary exceptions.
Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.
DURATION AND AMENDMENT 531 This Agreement shall continue in full force and effect to and including August 31, 2018. The Agreement shall continue in effect from year-to- year thereafter unless either party notifies the other in writing not less than one-hundred fifty (150) days prior to the expiration date that a modification or termination of the Agreement is desired. Should either party to this Agreement serve such notice upon the other party, the Employer and the Union shall meet for the purpose of negotiation and shall commence consideration of proposed changes or modifications in the Agreement not less than one-hundred twenty (120) days prior to the expiration of the Agreement. 532 If, pursuant to such negotiation, an Agreement on the renewal or modification of this Agreement is not reached prior to the expiration date, this Agreement shall expire at the expiration date unless it is extended for a specified period by mutual agreement of the parties. In witness whereof, this Agreement has been executed by the parties by their duly authorized representatives this September 2, 2016 EASTERN MICHIGAN UNIVERSITY Xxxxx X. Xxxxx, Chief Negotiator Assistant Vice President (I) Academic Human Resources Xxxx Xxxxxxxx, Associate Director Academic Human Resources Xxxx Xxxxx Assistant to V.P. Business & Finance Xxxxxxxx Xxxxxx, Interim Xxxx College of Arts and Sciences Xxxxxxxx Xxxxx Academic Human Resources Generalist Xxxxxxx Xxxxxxxx, Department Head Geography and Geology EASTERN MICHIGAN UNIVERSITY FEDERATION OF TEACHERS (EMU-FT) Xxxxxx Xxxxxx, EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx, EMUFT Co-Chief Negotiator Xxxx Xxxxxxx, President EMUFT Xxxxx Xxxxxxxx, Michigan Field Rep. American Federation of Teachers Xxxxx Xxxxxx, Lecturer Sociology, Anthropology, Criminology Appendix A Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on Course Equivalencies It is hereby understood and agreed between Eastern Michigan University and the EMUFT that a joint committee on course releases and equivalencies relevant to Full-time Lecturers will be formed to study the factors for which equivalency credit (towards meeting the contractual credit hour norm) may be awarded, as described in the Workload article of the Agreement. A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than January 31, 2017. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with: • Gathering data about the teaching loads assigned to Full-time Lecturers including the provision of equivalency credit, released time, and overload teaching assignments. • Gathering data on the process by which equivalency credit, released time and overload assignments are provided in each department and/or in consultation with the Deans. • Analyzing this data and providing their findings to the President of the EMUFT and the Xxxxxxx and Vice President for Academic and Student Affairs by no later than March 31, 2018. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx EMUFT Co-Chief Negotiator Appendix B Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on FTL Promotion Recommendation Summary Form A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than November 1, 2016. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with recommending revisions to the current Full- Time Lecturer Recommendation Summary Form to reflect this Agreement. Recommendations of the committee will be forwarded to the Xxxxxxx and Executive Vice President for Academic and Student Affairs by January 15, 2017. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Appendix C Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Professional Development Support The University shall adopt a program of Full-time Lecturer Professional Development Support in direct support of activities designed to enhance Employees’ delivery of instruction. Beginning in Winter 2017, a joint committee consisting of an equal number of members from the EMUFT (on behalf of the Full-time Lecturers) and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs will meet for the purpose of establishing guidelines, application requirements, and deadline dates for Full-time Lecturer Professional Development Support. Funding for the Full-time Lecturer Professional Development Support shall be $10,000 in academic year 2017-18. Funds will be administered by the Xxxxxxx and Executive Vice President of Academic and Student Affairs. Agreed to and accepted the 2nd day of September, 2016. _ Xxxxx Xxxxx Xxxxxx Xxxxxx
Waivers and Supplemental Agreements with Consent of Holders With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall:
Indemnity for Underlying Sales and Supplemental Agreements Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.
