Excluded Materials. Material placed in a personnel file more than sixty (60) calendar days after the events/incidents referenced in the material occurred or more than sixty (60) calendar days after the College should have become or was aware of the events/incidents may not be used in any disciplinary action against any employee, except in cases where the Union and College mutually agree to an extension of the time frame. Material placed in the personnel file under any other circumstances shall be ruled improper and shall not be used as grounds or justification for any disciplinary action against such classified employee.
Excluded Materials. Material that: (a) is prohibited from receipt at the intended disposal or processing by Applicable Law; (b) is or contains Hazardous Waste or Infectious Waste as defined below or any bio-solids (as described in Section 3.5.7); (c) Contractor reasonably believes would, as a result of or upon receipt at disposal or processing facility, be a violation of Applicable Law; or (d) in Contractor’s opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor to potential liability.
Excluded Materials. Nothing in this Section 13 shall be construed to require ALLTEL to provide Client with access to any records of whatever kind which contain information pertaining to any person or entity other than Client. In the event that the records contain commingled information relating to Client and a person or entity other than Client, ALLTEL shall mask or take other appropriate steps to maintain the confidentiality of the information relating to such other person or entity.
Excluded Materials. The term Confidential Material shall not include information of the disclosing Party which (i) at the time of disclosure is generally available to the public other than as a result of a disclosure by the receiving Party or its Representatives, (ii) was available to the receiving Party on a non-confidential basis prior to its receipt from the disclosing Party, (iii) has become available to the receiving Party on a non-confidential basis from a source other than the disclosing Party or its Representatives, but only if such source is, to the best of the receiving Party's knowledge, lawfully entitled to make such disclosure and is not bound by a confidentiality agreement with such disclosing Party, or (iv) which has been independently developed by the receiving Party or its Representatives without violation of this Agreement.
Excluded Materials. 2.4.1 Contractor shall not be required to collect, transport, dispose of or otherwise handle hazardous waste or any other type of waste that is prohibited from being received, managed or disposed of at the Transfer Station or Sanitary Landfill by Federal, State or local law, regulation, ordinance, permit or other legal requirement (collectively, "Excluded Waste"). Title to and liability for Excluded Waste shall remain with the Generator of such waste. All waste to which the Contractor acquires title pursuant to the terms of this Agreement shall be the responsibility of the Contractor until it is properly disposed of.
Excluded Materials. Excluded Materials regardless of its source.
Excluded Materials. To the extent that Excluded Materials are designated as such in an applicable Supplement, such Excluded Materials shall not be incorporated in any Work Product or Developed Material provided to Kraft without obtaining Kraft’s prior written approval.
Excluded Materials. Notwithstanding any terms to the contrary in this Agreement, (a) Seller shall not be obligated or otherwise required to furnish or make available to Buyer any of the following (collectively, “Excluded Materials”): (i) any appraisals or other economic evaluations of, or projections with respect to, all or any portion of the Property, including, without limitation, budgets, prepared by or on behalf of Seller or any Affiliate of Seller or any other party, (ii) any documents, materials or information which are subject to attorney/client, work product or similar privilege, which constitute attorney communications with respect to the purchase of the Property by Seller, (iii) any information which Seller, in good faith, considers proprietary and not related to the operation of the Property, and (iv) any information which is subject to any other confidentiality obligations; (b) Due Diligence Items shall not include any Excluded Materials; and (c) Seller shall have no obligation or liability of any kind to Buyer as a result of Seller not furnishing or making available to Buyer the Excluded Materials.
Excluded Materials. The Parties agree not to knowingly incorporate Excluded Materials into any Software or Copyrightable Materials. Notwithstanding anything in this Agreement to the contrary, neither Party is required under this Agreement to publish or to grant licenses to any Excluded Materials.
Excluded Materials. Contractor acknowledges that it is responsible for compliance during the entire Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or Dispose of any Excluded Materials except in strict compliance with all Applicable Laws. In the event that Contractor negligently or willfully mishandles Excluded Materials in the course of carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such environmental contamination. Prior to undertaking any investigatory or remedial action, however, Contractor shall first obtain City’s approval of any proposed investigatory or remedial action. Should Contractor fail at any time to promptly take such action, City may undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse City for all such expenses within thirty (30) calendar days of being billed for those expenses, and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the delinquent fee payment provision of Section 7.9. These obligations are in addition to any defense and indemnity obligations that Contractor may have under this Agreement. The provisions of this Section shall survive the termination or expiration of this Agreement. Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any claims arising from the Disposal of Solid Waste at the Approved Solid Waste Facility, including, but not limited to, claims arising under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful misconduct.
