Essential Elements. Customer and Metavante acknowledge and agree that the limitations contained in this Article 9 are essential to this Agreement, and that Metavante has expressly relied upon the inclusion of each and every provision of this Article 9 as a condition to executing this Agreement.
Essential Elements. Customer and M&I acknowledge and agree that the limitations contained in this Article 13 are essential to this Agreement, and that M&I has expressly relied upon the inclusion of each and every provision of this Article 13 as a condition to executing this Agreement.
Essential Elements consultation procedure and appropriate measures as regards human rights, democratic principles and the rule of law
Essential Elements. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT.
Essential Elements. Both Datascope and Masimo acknowledge that the covenants set forth in this Section are essential elements of this Agreement and that, but for the agreement of both to comply with such covenants, this Agreement would not have been entered into and that neither will have an adequate remedy at law if the other breaches the term of the covenants. Therefore, in the event of any breach or threatened right, in addition to any other rights it may have, it shall have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach.
Essential Elements. 1. Clinical Administration enhances the care to patients through public health, organization improvements, etc.
Essential Elements. 1. Administrative activity that is related to the operational or organizational aspects of delivering any health- related educational program.
Essential Elements. The Parties acknowledge that the fees, limitations of liability, waivers, and Customer’s express waiver in Section 6.8 (Intellectual Property Waiver) for the license granted hereunder and the MDP’s provision of Services reflect the allocation of risk between the Parties, are essential elements of the basis of the bargain between the Parties and absent such provisions, including the limitation of liability, the economic terms would be substantially different.
Essential Elements. There must be atleast two parties. (Bilateral Contracts) - The subject matter of the contract must be goods. - A price in money should be paid or promised. - A transfer of property in goods from seller to the buyer must take place. - It must be absolute or conditional. - All other essentials of a valid contract must be present. GOODS - MEANING As per Sec 2(7), it means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contact of sale. - Money means current money and it includes rare and old coins. - Actionable claim means what a person cannot make a present use of or enjoy, but can recover it by means of a suit or an action. Thus, a debt due to a man from another is an actionable claim and cannot be sold as goods, although it can be assigned. Under the provisions of the Transfer of Property Act, 1882, goodwill, CS Xxxxx Xxxxx (8888 078 078) Think, Believe, Receive!! YT – Xxxxx Xxxxx, Corporate Baba trade marks, copyrights, patents are all goods, so is a ship. As regards water, gas, electricity, it is doubtful whether they are goods.
Essential Elements. Effective July 1, 2012, there will be established an award for teachers based on their attendance during their careers in the District, as set forth in the following provisions. In order to be eligible for the award, a teacher must retire or resign from the District. The teacher must hold a full-time position, be in active service (or an approved leave of absence) and have actively served the District for a minimum of ten (10) years in the bargaining unit represented by the Association.
