GENERAL PROVISIONS 14 Sample Clauses

GENERAL PROVISIONS 14. 1 The Schedules to this Agreement are incorporated into and form part of this Agreement. 14.2 OEM is an independent contractor and the parties are not agents or legal representatives of each other and have no power of attorney to represent, act for, bind or commit each other except as described in this Agreement. Neither execution nor performance of this Agreement shall be construed to have established any joint venture or partnership between COGNOS and OEM. 14.3 No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of this Agreement shall constitute a consent to any subsequent breach. 14.4 If any provision of this Agreement is not enforceable, the remainder of this Agreement shall remain in full force and effect. 14.5 OEM shall not assign all or any portion of its rights under this Agreement without the prior written consent of COGNOS. 14.6 All covenants, agreements and conditions of this Agreement shall be binding upon and enure to the benefit of both parties and their representatives. 14.7 This Agreement and any matters relating thereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts. 7 of 13 8 14.8 This Agreement constitutes the full and entire understanding and agreement between OEM and COGNOS with respect to the marketing, demonstration and distribution of the Software and supersedes all negotiations, commitments and understandings, both verbal and written, with respect thereto. No modifications, additions, or amendments to the terms of this Agreement shall be effective unless in writing and signed by the duly authorized representatives of OEM and COGNOS. AS WITNESS the parties have duly executed this Agreement. DELTEK SYSTEMS, INC. COGNOS INCORPORATED /s/ Alan X. Xxxxxxx /s/ John X. Xxxxxx ------------------------- --------------------------- Signature Signature Alan X. Xxxxxxx ------------------------- --------------------------- Printed Name Printed Name Chief Financial Officer ------------------------- --------------------------- Title Title A. SOFTWARE AND TERRITORY SOFTWARE PowerPlay Administrator PowerPlay Enterprise Impromptu Administrator Impromptu Enterprise PowerPlay Host TERRITORY United States OEM PRODUCT Deltek Software Series Version 1 & 2
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GENERAL PROVISIONS 14. 15.8.1 Absence due to a job related illness or injury shall be excluded from catastrophic leave. 14.15.8.2 Unit members who are receiving full salary from donated leave shall continue to earn the vacation and sick leave to which they are normally entitled. Earned leave from the unit member’s account shall be exhausted as it is earned. After exhaustion of such leave, the unit member shall return to use of donated leave from Sick Leave Bank provided donated leave has not previously been exhausted. 14.15.8.3 Sick Leave Bank must be used concurrently with the extended illness leave benefit. Employees who receive donated sick leave shall be paid at 100% (50% extended sick leave and 50% from the Sick Leave Bank). Payment from donated Sick Leave Bank shall not, when added to extended sick leave pay, exceed normal wages for the day. 14.15.8.4 All new hired employees may donate 1 (one) day upon reaching permanent status for eligibility. 10 (ten) month employees who reach permanent status during the summer break will be given an extension until open enrollment. Annual open enrollment shall coincide with open enrollment for Health and Welfare benefits. CSEA may also solicit requests for donations to the bank any time the Sick Leave Bank falls below 100 (one hundred) hours. 14.15.8.5 All donations to the bank are general donations and cannot be donated to a specific employee. 14.15.8.6 The maximum amount of time for which donated sick leave credits may be used is 12 (twelve) months for any one catastrophic illness. 14.15.8.7 This Catastrophic Leave program may not be used if the employee applies for or has purchased any other benefit or disability insurance program or income protection program either public or private unless the total benefit is less than 100% (one hundred) of the employee’s base salary. Employees having any additional income benefit must apply for that benefit before they are considered eligible for the Catastrophic Leave Program. 14.15.8.8 Conditions of illnesses resulting from commission of a felony are not eligible to be covered through the catastrophic leave bank.
GENERAL PROVISIONS 14 

Related to GENERAL PROVISIONS 14

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