Not accepted Sample Clauses

Not accepted. See section 2.3 of this submission above. 41 Limitation of factors to be considered by the QCA by insertion of the words 'where relevant' and insertion of a provision that allows QR to produce (effectively) alternative information if the information being requested by the QCA is 'not available'. 3.2(e), 4.2(c) and 5.3(c) Not accepted. See section 2.3 of this submission above. Schedule F Network Management Principles 42 Amendments throughout to include and account for the proposed addition of Ad Hoc Planned Possessions Various Not supported by NHG. See section 2.6 of this submission above in relation to the introduction of Ad Hoc Planned Possessions. 43 Amendment to allow varying the MTP for Special Events on 2 business days' notice Sch F 2.2 Not supported by NHG. see the reasons above at item 29 of this Table. 44 Deletion of the ability for Access Holders to disputes variations to the MTP 2.4 Not supported by NHG - NHG considers that without a dispute provision of this nature it would be possible for QR to proceed with possessions that are contrary to the Schedule F NMP and significant cost and disruption to stakeholders and their logistics chain. NHG understands from QR that part of the concern relates to the fact that a dispute can be raised just prior to a possession taking place. NHG would be willing to resolve that issue by the access undertaking being amended so that in order for the possession to not take effect due to a dispute, the dispute would need to be raised within a minimum period out from the proposed planned possession (provided that QR had given sufficient notice for that to be possible). Schedule G Operating Requirements Manual 45 Schedule with ORM deleted. Not supported by NHG. See section 2.2 of this submission above. Schedule H Standard Access Agreement 46 Standard Access Agreement amendments Various Various - See section 3 of this submission below. Remaining non-contentious amendments throughout 47 Change of description for each network to 'System' (e.g. West Moreton Network System). Various Acceptable to NHG - is a non-substantive change in terminology. 48 Insertion of definition of RNSL (being the Rail Safety National Law (Queensland) as defined in the Rail Safety National Law (Queensland) Act 2017 (Qld)) to replace all references to TRSA (being the now repealed Transport (Rail Safety) Act 2010 (Qld)). Replacement of TRSA with RNSL consistent throughout. Various Acceptable to NHG – reflects a change in the relevant laws. 49 Referen...
Sample 1
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Not accepted. 15. Bid Prices and Discounts 15.1 The prices and discounts (including any price reduction) quoted by the Bidder in the Letter of Bid – Financial Part and in the Activity Schedule(s) shall conform to the requirements specified below. 15.2 All items must be listed and priced separately in the Activity Schedule(s). 15.3 The Contract shall be for the Services, as described in Appendix A to the Contract and in the Specifications (or Terms of Reference), based on the priced Activity Schedule, submitted by the Bidder. 15.4 The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid – Financial Part in accordance with ITB 13.1. 15.5 The Bidder shall fill in rates and prices for all items of the Services described in the in Specifications (or Terms of Reference), and listed in the Activity Schedule in Section VII, Employer’s Requirements. Items for which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Activity Schedule. 15.6 All duties, taxes, and other levies payable by the Service Provider under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of Bids, shall be included in the total Bid price submitted by the Bidder. 15.7. Not Applicable 15.8. Not Applicable 15.9 Bidders may like to ascertain availability of tax/duty exemption benefits available in India to the contracts financed under World Bank loan/credits. They are solely responsible for obtaining such benefits which they have considered in their bid and in case of failure to receive such benefits for reasons whatsoever, the Employer will not compensate the bidder (Service Provider). The bidder shall furnish along with his bid a declaration to this effect in the Declaration Format provided in Section IV of the bidding document. Where the bidder has quoted taking into account such benefits, it must give all information required for issue of certificates in terms of the Government of India’s relevant Notifications as per the declaration format. In case the bidder has not provided the required information or has indicated to be furnished later on in the Declaration Format, the same shall be construed that the construction equipment/ machinery/ goods for which certificate is required is Nil. To the extent the Employer determines the quantities indicated therein are reasonable keeping in view the specification...
Sample 1

Related to Not accepted

  • Payment Not Acceptance Payment of any progress payment or final payment shall not constitute acceptance of Work that is defective or otherwise fails to conform to the Agreement, or a waiver of any rights or remedies the Department may have with respect to defective or nonconforming Work.

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Engagement; Acceptance The Issuer engages Xxxxxxx Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. Xxxxxxx Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. COST ACCOUNTING STANDARDS (CAS) CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • NOT A NOVATION This agreement is a modification only and not a novation. In addition to all amounts hereafter due under the Note, as modified by this agreement, and the other Related Documents, all accrued interest evidenced by the Note being modified by this agreement and all accrued amounts due and payable under the Related Documents shall continue to be due and payable until paid. Except for the modification(s) set forth in this agreement, the Note, the other Related Documents and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Note and made a part thereof. This agreement shall not release or affect the liability of any guarantor, surety or endorser of the Note or release any owner of collateral securing the Note. The validity, priority and enforceability of the Note shall not be impaired hereby. References to the Related Documents and to other agreements shall not affect or impair the absolute and unconditional obligation of the Borrower to pay the principal and interest on the Note when due. The Bank reserves all rights against all parties to the Note and the other Related Documents.

  • Resident Educator A Resident Educator is a teacher employed under a resident educator license.

  • Public Access Grantor acknowledges and agrees that the general public shall have the regular and substantial opportunity to view the Façade from the streets, sidewalks and other property near the Buildings. Grantor shall have no obligation under this Agreement to allow the general public to view the interior of the Buildings.

  • Not an Investment Company The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

  • Order Acceptance All orders are subject to acceptance only at Seller’s facility in Farmington, Connecticut. These Terms of Sale shall be deemed accepted by Buyer upon Seller’s receipt of Purchase Order from Buyer. No condition stated by Buyer shall be binding upon Seller if in conflict with, inconsistent with or in addition to the Terms of Sale, unless expressly accepted in a writing signed by Seller. In the event of conflict or differences in the terms or conditions of Buyer’s Purchase Order and the Terms of Sale herein, the Terms of Sale shall govern.

  • Early Access Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.

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