Preclusion. 1) This Agreement shall not preclude the application by either Contracting Party of measures necessary for the maintenance of public order and morals. The fulfillment of its obligation with respect to the maintenance or restoration of international peace and security or protection of its own essential security Interests.
Preclusion. This Agreement shall not preclude either Contracting Party from prescribing special formalities in connection with the establishment of investments, but such formalities shall not impair the substance of any of the rights set forth in this Agreement.
Preclusion a. Matters precluded from administrative and judicial review. The State acknowledges and understands that Section 11 1 5A(d)(2) of the Act precludes from administrative and judicial review the elements, parameters, scope and duration of this Model, and that the elements and parameters of this Model include, but are not limited to, the following: (1) the methodology used to determine the annual all-payer per capita total hospital cost growth for Maryland residents; (2) the methodology used to determine the aggregate savings in the Medicare per beneficiary total hospital expenditure for Maryland resident FFS beneficiaries; (3) the methodology used to determine the percentage of Regulated Revenue that is under Population-Based Payment reimbursement; (4) the methodology used to make adjustments to the Medicare savings calculation as necessary to avoid duplicative accounting for, and payment of, Medicare amounts made to or received by hospitals, including but not limited to those that involve shared savings or incentive payments; (5) claims that dispute financial or quality results based on the State's inability to use or apply CMS data provided during the Performance Year; and (6) the transition to payment under the national Medicare program if invoked under this Agreement.
Preclusion. The Corporation shall be precluded from asserting in any judicial proceeding commenced pursuant to Section 3 of this Article V that the procedures and presumptions of this Article V are not valid, binding and enforceable and shall stipulate in such proceeding that the Corporation is bound by all the provisions of this Article V.
Preclusion. The Company shall be precluded from asserting in any judicial proceeding commenced pursuant to Section 1(b)(4) that the procedures and presumptions in this Agreement are not valid, binding and enforceable and shall stipulate in any such court that the Company is bound by all the provisions of this Agreement.
Preclusion. For the term of this Contract, Contractor and any of its subcontractors are advised that they shall be precluded from proposing on any engineering or construction work advertised by OC Public Works on behalf of OCWR, which is wholly or in part developed by a Consultant assigned by Contractor as part of this Contract. Existing contracted work does not preclude Contractor from fulfilling this Contract. CONTRACT EXHIBIT A-1 TASK AUTHORIZATION REQUEST Date SUBJECT: Task Authorization Request for Proposal in accordance with MA-299-TBD for Professional Technical Support Services for [Specific Task Name] Orange County Waste & Recycling (OCWR) is requesting a Task Authorization Proposal for [Specific Services]. Proposal should include the requested information listed below. Project Site is located at [OCWR Facility and Address] Scope of Work Schedule Propose a schedule to complete the work including key milestones. Allow sufficient time for OCWR review and feedback time.
Preclusion. This Agreement shall not preclude the application by either Contracting Party of measures necessary for the maintenance of its essential security interests, public order or public health.
Preclusion. Any employee covered by the terms of this Agreement shall be precluded from benefiting by the grievance procedures stated herein upon filing any form of complaint with any state or federal agency for an alleged discriminatory act by the Employer. Furthermore, it is expressly understood between the parties that such employee, using the grievance procedures stated herein for such redress of grievance, shall be precluded from filing any such complaint with any state or federal agency upon exhausting same pursuant to this Agreement and shall file such grievance no later than thirty (30) calendar days after the date of occurrence of the matter giving rise to the grievance.
Preclusion. The Parties (including the Intervening Parties) accept and convene that, for the purposes and effects of article 806 of the Brazilian Civil Procedure Code, the request for the initiation of an arbitration proceeding shall be equivalent to the filing of a lawsuit with the same object.
Preclusion. The Company shall be precluded from asserting in any judicial proceeding that the provisions of this Agreement are not valid, binding and enforceable.
