Allowances 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as dictated by the process contained in the Contract Documents.
Tickets Each Ticket represents a limited, revocable license to enter the Venue to attend the specific Event listed on the applicable Ticket. No person, except for attendees under the age of three, may enter the Venue without a Ticket, and re-entry is prohibited. Failure to comply with this Agreement shall result in forfeiture of this license and all rights arising hereunder without refund or credit and shall entitle KSE to pursue all legal remedies available.
Chargebacks Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Brand regulations, or a Card Issuer or Servicer determines that Merchant has in any way failed to comply with Card Brand regulations or Servicer's procedures in accepting a Card and presenting the resulting Sales Draft to Servicer for purchase. Section 3.3 notwithstanding, Servicer may charge back the amount of a Card sale for which the Cardholder disputes having authorized the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A of the Merchant Application.
Promotions The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3.A above.
ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that XS Power Batteries shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. LINKS Either XS Power Batteries or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that XS Power Batteries shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. PROPRIETARY RIGHTS You do hereby acknowledge and agree that XS Power Batteries's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by XS Power Batteries or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on XS Power Batteries Services (e.g. Content or Software), in whole or part. XS Power Batteries herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by XS Power Batteries for use in accessing our Services. WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
Workloads (a) The parties agree that patient care is enhanced if concerns relating to professional practice, patient acuity, fluctuating Work-Loads and fluctuating staffing are resolved in a timely and effective manner.
Recalls Contractor shall immediately notify OGS of any recalls pertaining to any items awarded to the Contractor. AMERICANS WITH DISABILITIES ACT (ADA) The Federal ADA Act, signed into law July 26, 1990, bars employment discrimination and requires all levels of Government to provide necessary and reasonable accommodations to qualified workers with disabilities. Contractors are required to identify and offer any software or hardware products they manufacture or adapt which may be used or adapted for use by visually, hearing, or any other physically impaired individuals. Although it is not mandatory for Contractors to have this equipment in order to receive an award, it is necessary to identify any such equipment they have which falls into the above category. DIESEL EMISSION REDUCTION ACT Pursuant to §19-0323 of the N.Y. Environmental Conservation Law (“the Law”) it is a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. The Law may be applicable to vehicles used by Contractors “on behalf of” State agencies and public authorities and require certain reports from Contractors. All heavy duty diesel vehicles must have BART by the deadline provided in the Law. The Law also provides a list of exempted vehicles. Regulations set forth in 6 NYCRR Parts 248 and 249 provide further guidance. The Bidder hereby certifies and warrants that all heavy duty vehicles, as defined in the Law, to be used under this contract, will comply with the specifications and provisions of the Law, and 6 NYCRR Parts 248 and 249. POOR PERFORMANCE An Authorized User should notify OGS Customer Services promptly if the Contractor fails to meet the requirements of this Contract. Performance which does not comply with requirements or is otherwise unsatisfactory to the Authorized User should also be reported to Customer Services: Office of General Services New York State Procurement Services 00xx Xxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Customer Services Coordination E-mail: xxxxxxxx.xxxxxxxx@xxx.xx.xxx Telephone: (000) 000-0000 MERCURY ADDED CONSUMER PRODUCTS Contractor agrees that it will not sell or distribute fever thermometers containing mercury or any products containing elemental mercury for any purpose under this Contract. SURPLUS/TAKE-BACK/RECYCLING
Reversals In the event that the Receiver purchases an Asset (and assumes the Related Liability) that it is not required to purchase pursuant to this Section 3.4, the Assuming Institution shall repurchase such Asset (and assume such Related Liability) from the Receiver at a price computed so as to achieve the same economic result as would apply if the Receiver had never purchased such Asset pursuant to this Section 3.4.
Product Sales Subject to Sections 10.3(c) and 10.3(d), Licensee agrees that it will not sell, offer for sale, or assist third parties (including Affiliates) in selling Product except for the sale and offer for sale of (A) TAF Product, TAF Combination Product, TDF Product and TDF Combination Product for use in the Field and in the countries of the TDF-TAF Territory, (B) COBI Product and COBI Combination Product for use in the Field and in the countries of the COBI Territory, and (C) EVG Product, EVG Combination Product and Quad Product for use in the Field and in the countries of the EVG-Quad Territory.
Backlog Backlog represents the total estimated contract value of work that remains to be completed pursuant to outstanding contracts as at a certain date, net of estimated value added tax, and is based on the Group’s assumption that the relevant contracts will be performed in accordance with their terms. Backlog is not a measure defined by generally accepted accounting principles. Any modification, termination or suspension of these contracts by the Group’s clients may have a substantial and immediate effect on the Group’s backlog. Projects may also remain in the Group’s backlog for an extended period of time beyond what was initially anticipated due to various factors beyond the Group’s control. The table below sets out the details of the total value of new contracts entered into by the Group and its backlog categorised by (1) business segments; (2) the industries in which the Group’s clients operate; (3) regions; and (4) clients of each of (i) China Petrochemical Corporation (“Sinopec Group”) and its associates and (ii) the non- Sinopec Group and its associates during the period or as at the date indicated: Total of New Contract Value For the nine months ended 30 September 2019 Backlog As at 30 September 2019 (RMB thousand) Percentage(%) (RMB thousand) Percentage(%) Business segments Engineering, Consulting and Licensing 2,087,308 5.11 8,422,220 8.52 EPC Contracting 26,581,961 65.13 77,172,248 78.04 Construction 11,092,183 27.18 11,932,488 12.07 Equipment Manufacturing 1,051,892 2.58 1,367,163 1.37 Total 40,813,344 100.00 98,894,119 100.00 Industries in which the Group’s clients operate Oil Refining 11,640,411 28.52 31,912,317 32.27 Petrochemical 17,952,459 43.99 29,329,345 29.66 New Coal Chemicals 4,844,253 11.87 12,093,899 12.23 Other Industries 6,376,221 15.62 25,558,558 25.84 Total 40,813,344 100.00 98,894,119 100.00 Regions PRC 38,099,068 93.35 81,154,529 82.06 Overseas 2,714,276 6.65 17,739,590 17.94 Total 40,813,344 100.00 98,894,119 100.00 Clients of each of (i) Sinopec Group and its associates and (ii) the non-Sinopec Group and its associates Sinopec Group and its associates 25,847,830 63.33 54,640,843 55.25 Non-Sinopec Group and its associates 14,965,514 36.67 44,253,276 44.75 Total 40,813,344 100.00 98,894,119 100.00 The Board wishes to emphasise that the above information in relation to the representative new contracts, the total value of new contracts and backlog shall not constitute any forecast or prediction of the profits of the Group. This announcement is made by the order of the Board. The Board collectively and individually accepts responsibility for the accuracy of this announcement. Shareholders of the Company and potential investors are advised to exercise caution when dealing in the shares of the Company. By order of the Board SINOPEC ENGINEERING (GROUP) CO., LTD. Xxx Xxxxx Chief Financial Officer, Company Secretary Beijing, the PRC 15 October 2019 As at the date of this announcement, the executive Directors are XX Xxxx, XXXXX Xxxxx, XXX Xxxx (employee representative Director) and XXXX Xxxxxxxx (employee representative Director); the non- executive Directors are XX Xxxxxx and XX Xxxxxx; and the independent non-executive Directors are XXX Xxxx Xxxxx, Xxxxxxx, XXX Xxxx and XX Xxxxx.
