General Provisions Regarding Accounts 44 SECTION 8.04. Release of Trust Estate..................................................................45 SECTION 8.05.
General Provisions Regarding Payments (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.
Additional Provisions Respecting Insurance (a) All insurance required by this Tenant Agency Compliance Agreement shall be procured and maintained in financially sound and generally recognized responsible insurance companies authorized to write such insurance in the State and selected by the entity required to procure the same. The company issuing the policies required by Section 2.1(a) hereof shall be rated “A” or better by A.M. Best Co., Inc. in Best’s Key Rating Guide. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the procuring entity is engaged. All policies of insurance required by Section 2.1 hereof shall provide for at least thirty (30) days prior written notice to the Agency of the restriction, cancellation or modification thereof. The policy evidencing the insurance required by Section 2.1(c) hereof shall name the Agency as an additional insured. All policies evidencing the insurance required by Section 2.1 (d)(ii) and (iv) shall name the Agency and the Tenant as additional insureds.
PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included therein.
Admissions Requirements Successful completion of the Associate in Science in Life Sciences, submission of completed admission application, transcripts and other supporting materials. For coursework to transfer to USM, a student must earn a grade of C- or better. For a list of application instructions and checklist: xxxx://xxx.xxxxx.xxx/admit/application-instructions Requirements for the Bachelor of Science in Biology, Biotechnology Concentration: Remaining required course work is listed in Appendix C. Student must maintain a cumulative GPA of 2.0 to graduate, and earn a C- or better in all courses required for the major. USM Residency Requirement: At minimum, thirty (30) of the last forty-five (45) credits of a student’s baccalaureate course load must be completed at USM. Name: Xxxxxxx Xxxxxx E-mail: xxxxxx@xxxxx.xxx Phone: (000) 000-0000 Xxxxxxx Xxxxx E-mail: xxxxxxx@xxxxx.xxx Phone: (000) 000-0000 APPENDIX B Courses represented in italics are required. If subjects in italics in Appendix B are not taken at CMCC, the sequence represented in Appendix C cannot be observed. Only courses in which a student has earned a grade of C- or higher are considered for transfer. CMCC Courses AS Life Sciences-General Education Requirements USM BS Biology, Biotech Concentration Equivalencies Course Title Credits Course Title Credits ENG 101 OR ENG 105 College Writing OR College Writing Seminar 3 - 4 ENG 100 College Writing 3 - 4 ENG Select one of the following: ENG 201 Technical Writing ENG 220 Business Communications ENG 221 Adv. Composition & Research 3 Advanced Elective Core Requirement 1 of 3 3 MAT 122 College Algebra 3 MAT 108 College Algebra 3 COM 100 Public Speaking 3 THE 170 Public Speaking (Creative Expression Core Requirement) 3 PHI 111 Introduction to Ethics 3 PHI 1XX Philosophy Elective (Cultural Interpretation Core Requirement) 3 Open Elective BIO 222 Genetics 3 BIO 201 Genetics 3 2 Humanities/Social Science Electives: 2 courses that fulfill USM Core Requirements: 1. Diversity 2. International see list 6 Varies Direct equivalents or elective credits 6 Total credits 24-25 Total credits accepted 24-25 CMCC AS Life Science-Major Requirements USM BS Biology, Biotech Concentration Equivalencies Course Title Credits Course Title Credits BIO 131/132 Biology I with Lab 4 BIO 105/106 Biological Principles I: Cellular Biology with Lab 4 CHY 121/122 General Chemistry I with Lab 4 CHY 113/114 Principles of Chemistry I with Lab (Science Exploration Core Requirement) 4 BIO 133/134 Biology II with Lab 4 BIO 107 Biological Principles II: Evolution, Biodiversity, and Ecology 4 CHY 123/124 General Chemistry II with Lab 4 CHY 115/116 Principles of Chemistry II with Lab 4 PHY 142/143 Physics I/Lab 4 PHY 111/114 Elements of Physics I/Introductory Physics Lab I 4 CHY 221/222 Organic Chemistry I/Lab 5 CHY 251/252 Organic Chemistry I/Lab (Advanced Elective Core Requirement 2 of 3) 5 MAT 132 Pre-Calculus 3 MAT 140 Pre-Calculus (Quantitative Reasoning Core Requirement) 3 PHY 242/243 Physics II/Lab (If unavailable, take science or math elective.) 3-4 PHY 112/116 Elements of Physics II/Introductory Physics Lab II (or elective) 3-4 Organic Chemistry II/Lab 5 CHY 253/254 Organic Chemistry II/Lab (Advanced Elective Core Requirement, 3 of 3) 5 MAT 283 Calculus I 4 MAT 152 Calculus A 4 Total Major Credits 40-41 40-41 Total Credits 64-66 Total Credits Accepted 00-00 XXXXXXXX X Remaining USM Degree Requirements For students in CMCC AS Life Science transferring to USM BS in Biology, Biotechnology Concentration [Assumes students complete recommended Mathematics, Science, Social Science, and Humanities electives at CMCC as listed in Appendix B.] Year Three Fall Year Three Spring Course Credit Course Credit CHY 461 Biochemistry I 3 BIO 311/282 Microbiology/Lab 5 MAT 220 Statistics for the Biological Sciences 4 BIO 463 Biochemistry II 3 200+ level BIO Elective 3 BIO 408 Experimental Genetics 2 Elective (or Physics II/Lab if not taken at CMCC) 3-4 Engaged Learning Core Requirement 3 Semester Credits 13-14 Semester Credits 13 Year Four Fall Year Four Spring Course Credit Course Credit Socio-Cultural Analysis Core Requirement 3 BIO 409/410 Cell and Molecular Biology/Lab 5 BIO 413 Applied Biostatics 3 Capstone 3 BIO 431/432 Principles of Immunology/Lab 5 Ethical Inquiry Core Requirement 3 Elective 3 Elective 3 Elective* 3 Semester Credits 17 Semester Credits 14 Total USM credits: 57-58 Total CMCC credits: 64-66 Total CMCC and USM credits: 121-124 *Elective may not be necessary depending upon credit total from CMCC.
PROVISIONS REQUIRED BY LAW Each and every provision of law and clause required to be inserted into this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though it were included herein. If through mistake or otherwise, any provision is not inserted or is not inserted correctly, upon application of either Party, this Contract shall forthwith be physically amended to make such insertion or correction.
SAFETY PROVISIONS It is the essence of this Order that all Services to be performed by Seller shall be done in a safe and good workmanlike manner, free of any accidents. Accordingly, Seller shall promulgate, maintain, and enforce appropriate safety and health rules and procedures (including training) with respect to its personnel and the Work to be performed hereunder, which rules and procedures at a minimum shall be the equivalent of or exceed applicable Buyer safety and health rules. All Services performed hereunder shall fully comply with all lawful governmental safety and health requirements, including the rules and standards established by the Occupational Safety and Health Act of 1970 ("OSHA"), as amended, and any other applicable federal, state and/or local safety or health laws, rules or regulations. Any equipment provided by Buyer to Seller for the benefit of Seller's employees or those of its subcontractors shall be at the sole risk and liability of Seller to make sure that such equipment is fit for the use intended and is in proper working order. XXXXXX AGREES TO INDEMNIFY (INCLUDING ATTORNEYS' FEES) DEFEND, AND TO SAVE HARMLESS BUYER FROM ANY AND ALL CLAIMS OF SELLER, SELLER’S SUBCONTRACTORS, AND THEIR EMPLOYEES ARISING OUT OF THE USE OF ANY EQUIPMENT FURNISHED BY BUYER OR ADVICE GIVEN BY BUYER RELATING TO SUCH EQUIPMENT, TO THE FULLEST EXTENT ALLOWED BY LAW, IT BEING UNDERSTOOD THAT BUYER SHALL NOT BE LIABLE UNDER LAW, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. Seller shall maintain a drug and alcohol-free workforce at all times while on Xxxxx's premises/location. Upon Xxxxx's request, Seller shall provide Buyer with a copy of all accident reports prepared by or submitted to Seller, including all OSHA illness and injury reports.
Special Allocations Regarding LTIP Units Subject to the terms of any Partnership Units ranking senior to the LTIP Units with respect to return of capital or any preferential or priority return, any Liquidating Capital Gains shall first be allocated to the LTIP Holders until the Economic Capital Account Balances of such holders, to the extent attributable to their ownership of LTIP Units, are equal to (i) the Partnership Unit Economic Balance, multiplied by (ii) the number of LTIP Units; provided that no such Liquidating Capital Gains will be allocated with respect to any particular LTIP Unit unless and to the extent that the Partnership Unit Economic Balance exceeds the Partnership Unit Economic Balance in existence at the time such LTIP Unit was issued. For this purpose, “Liquidating Capital Gains” means net capital gains realized in connection with the actual or hypothetical sale of all or substantially all of the assets of the Partnership, including but not limited to net capital gain realized in connection with an adjustment to the Carrying Value of the Partnership assets under Section 704(b) of the Code. The “Economic Capital Account Balances” of the LTIP Holders will be equal to their Capital Account balances, plus the amount of their shares of any Partner Nonrecourse Debt Minimum Gain or Partnership Minimum Gain, in either case to the extent attributable to their ownership of LTIP Units. Similarly, the “Partnership Unit Economic Balance” shall mean (i) the Capital Account Balance of the General Partner, plus the amount of the General Partner’s share of any Partner Nonrecourse Debt Minimum Gain or Partnership Minimum Gain, in either case to the extent attributable to the General Partner’s ownership of Partnership Units and computed on a hypothetical basis after taking into account all allocations through the date on which any allocation is made under this Section 5.1(e), divided by (ii) the number of General Partner’s Partnership Units. Any such allocations shall be made among the LTIP Holders in proportion to the amounts required to be allocated to each under this Section 5.1(e). The parties agree that the intent of this Section 5.1(e) is to make the Capital Account balance associated with each LTIP Unit to be economically equivalent to the Capital Account balance associated with the Partnership Units (on a per-Unit basis), but only if and to the extent the Capital Account balance associated with the General Partner’s Partnership Units has increased on a per-Unit basis since the issuance of the relevant LTIP Unit.
GENERAL DESCRIPTION AND LIMITATIONS Competitive Supplier is hereby granted the exclusive right to provide All-Requirements Power Supply to Participating Consumers pursuant to the terms of the Program and this ESA. For the avoidance of doubt, Competitive Supplier shall be authorized to supply All-Requirements Power Supply only to Participating Consumers, and the Local Distributor will continue to have the right and obligation to supply electricity to Eligible Consumers who opt-out of the Program and remain on, or return to, Basic Service, until changes in law, regulation or policy may allow otherwise. Competitive Supplier further recognizes that this ESA does not guarantee that any individual Eligible Consumer will be served by the Competitive Supplier. In accordance with Article 3 below, all Eligible Consumers shall be automatically enrolled in the Program unless they choose to opt-out. In the event the geographic boundaries of the Town change during the term of this ESA, Competitive Supplier shall only be obligated to supply All- Requirements Service to those Participating Consumers located within the Town as such boundaries existed on the Effective Date of this ESA. As between the Parties, the Competitive Supplier has the sole obligation of making appropriate arrangements with the Local Distributor, and any arrangements which may be necessary with the ISO-NE so that Participating Consumers receive the electricity supplies to be delivered pursuant to this ESA. The Town shall specifically authorize the Local Distributor to provide, and Competitive Supplier the right to obtain and utilize as required, all billing and energy consumption information for Participating Consumers as is reasonably available from the Local Distributor. Competitive Supplier shall request consumption data for individual Participating Consumers from the Local Distributor via EDI. If further action is required by the Local Distributor to authorize Competitive Supplier to receive such consumption and billing data, the Town agrees to use Commercially Reasonable efforts, at Competitive Supplier’s cost, to assist Competitive Supplier, if so requested by it, in obtaining such information for Participating Consumers, including, without limitation, assisting Competitive Supplier in obtaining permission from such Eligible Consumers and/or the Department, where necessary as a prerequisite to the provision of such information. Competitive Supplier shall not be responsible for any errors that Competitive Supplier makes in the provision of All-Requirements Power Supply to the extent such errors are caused by errors or omissions in the information provided to it by the Local Distributor.
CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).
