By Microsoft Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may, as its option, either: (1) modify or replace the Product or fix with a functional equivalent; or (2) terminate Customer’s license and refund any prepaid license fees (less depreciation on a five-year, straight-line basis) for perpetual licenses and any amount paid for Online Services for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product or Fix after being notified to stop due to a third- party claim.
Modern Slavery You hereby affirm your compliance with the Modern Slavery Xxx 0000 and associated guidance. You confirm (a) that you have read, are familiar with and shall not perform an act or omission which is in contravention with, the letter or spirit of the Act; and (b) you carry out regular, meaningful and comprehensive due diligence procedures and have internal policies in place to address any suspected human rights abuse in your business and Group where applicable.
API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.
Celsius 43 cents per hour extra; in excess of 54 Celsius 58 cents per hour extra. Where work continues for more than two hours in temperatures exceeding 54 Celsius, employees shall be entitled to 20 minutes rest after every two hours work without deduction of pay. The temperature shall be determined by the supervisor after consultation with the employees who claim the extra rate.
WHMIS The Work-place Hazardous Materials Information System (WHMIS) is designed to classify hazardous materials that are used in the work place. The law requires all such products to be properly labelled and requires material safety data sheet(s) (MSDS) to be suitably attainable. Employees will receive training to inform them of such products and advise them of the hazards involved, and of the proper procedures for safe storage, handling, use and disposal of these materials. Employees will also be instructed about what to do should they be exposed to a hazardous material. The Company has WHMIS charts posted throughout the plant.
Millwright Xxxxx be to assist and work under the direction and instructions I or A. He will work alone at times performing assignments in keeping with his training. During the course of his year, training must become proficient in good practices in the areas of fitting, aligning, lubricating and the operation of all shop tools and machines. In addition to the foregoing, he will be exposed to and the process of learning techniques required in trouble shooting key production machinery, pipe fitting, basic welding and machining but not be expected to display a high degree of proficiency in these areas at this point. Millwright Must be capable of performing the tasks of fittings, aligning, lubricating an able to operate all shop tools and machines. Must under direction become proficient in basic welding and pipe fitting as well as dismantling and reassembly of plant equipment. Under direction,will continueto develop skills in trouble shooting all plant equipment and improve his skills at machining part and be exposed to basic principles of hydraulics and pneumatic. He may work alone frequently, but occasionally will require direction and instructions form Millwright I or A. Millwright 11: be capable, without direction of fitting, aligning and lubrication and taking apart and reassembling plant equipment. In addition, is expected to be able to weld, operate shop tools and do pipe fitting as required. Must under direction, become proficient at effective methods of trouble shooting and repairing hydraulic, pneumatic and mechanical faults in plant machinery. I: Must be capable without direction of performing all practices under Xxxxxxxxxx Must under directionbecomeproficient at reading and understanding blueprints, all phases of installing new equipment, laying out hydraulic and mechanical drives and meet speed and power requirements correctly. Xxxxxxxxxx "A": Must he capable without direction, of performing all under Xxxxxxxxxx X, and Must take full responsibility for work done by himself or his assistant. Must he in possession of a Millwright Certificate or a Machinist Certificate or Welder Certificate. Millwrightspresently employed in this classification will not be required to have a Certificate.
Middle School At the request of the Superintendent, a middle school teacher may volunteer on a semester basis to teach all the student contact time and be paid one-sixth (1/6) of his/her salary for the semester. This section shall not be used to circumvent the hiring of additional full time teachers.
PIONEERING Pioneering may not extend past construction that will be completed during the current construction season. Pioneering may not extend more than 500 feet beyond completed construction unless approved in writing by the Contract Administrator. In addition, the following actions must be taken as pioneering progresses: Drainage must be provided on all uncompleted construction. Road pioneering operations may not undercut the final cut slope or restrict drainage. Culverts at live stream crossings must be installed during pioneering operations prior to embankment.
LICENSOR any Person from whom a Grantor obtains the right to use any Intellectual Property. Lien: any Person’s interest in Property securing an obligation owed to, or a claim by, such Person, whether such interest is based on common law, statute or contract, including liens, security interests, pledges, hypothecations, statutory trusts, reservations, exceptions, encroachments, easements, rights-of-way, covenants, conditions, restrictions, leases, and other title exceptions and encumbrances affecting Property. Lien Waiver: an agreement, in form and substance satisfactory to Collateral Agent, by which (a) for any material Collateral located on leased premises, the lessor waives or subordinates any Lien it may have on the Collateral, and agrees to permit Collateral Agent to enter upon the premises and remove the Collateral or to use the premises to store or dispose of the Collateral; (b) for any Collateral held by a warehouseman, processor, shipper, customs broker or freight forwarder, such Person waives or subordinates any Lien it may have on the Collateral, agrees to hold any Documents in its possession relating to the Collateral as agent for Collateral Agent, and agrees to deliver the Collateral to Collateral Agent upon request; (c) for any Collateral held by a repairman, mechanic or bailee, such Person acknowledges Collateral Agent’s Lien, waives or subordinates any Lien it may have on the Collateral, and agrees to deliver the Collateral to Collateral Agent upon request; and (d) for any Collateral subject to a Licensor’s Intellectual Property rights, the Licensor grants to Collateral Agent the right, vis-à-vis such Licensor, to enforce Collateral Agent’s Liens with respect to the Collateral, including the right to dispose of it with the benefit of the Intellectual Property, whether or not a default exists under any applicable License.
MIDDLE SCHOOLS 1. Where there are no negotiated provisions concerning the implementation or operation of a middle school program, this article shall govern the implementation or operation of a middle school program in a school district.
