Proviso Regarding New Functions Sample Clauses

Proviso Regarding New Functions. If Bank of America reasonably believes that a New Function cannot be made part of the Bank of America Talking ATM because the necessary hardware or software components cannot be obtained from one of Bank of America's principal vendors or any other United States ATM vendors manufacturing products that are compatible with Bank of America ATMs, or because it would have a substantial adverse effect on the individual performance of a substantial number of such ATMs or on the overall performance or security of Bank of America's ATM operations, or because the available technology would not permit Bank of America to develop and install Bank of America Talking ATMs that will operate effectively to enable Persons with Vision Impairments to independently use the machines for such New Function, Bank of America will notify Claimants in writing, providing written documentation from all applicable vendors. At Claimants' request, made in writing within ten (10) days after receiving Bank of America's written notification, Bank of America will use its best efforts to arrange for a meeting to be held with Claimants, Bank of America and its applicable vendors regarding any Function that is the subject of the written notice. If the parties cannot agree within ten (10) days of receipt of the notice, or, if a meeting is held, within ten (10) days of the meeting, as to whether the disputed Function should be part of the Bank of America Talking ATMs, Claimants may submit to binding arbitration, pursuant to section 9.4, below, the question of whether or not the necessary hardware or software components can be obtained from an applicable vendor that would enable the Function to be included on the Bank of America Talking ATM, or whether inclusion of such Function would have a substantial adverse effect on the individual performance of a substantial number of such ATMs or on the overall performance or security of Bank of America's ATM operations, or whether the available technology would permit Bank of America to develop and install Bank of America Talking ATMs that will operate effectively to enable Persons with Vision Impairments to independently use the machines for such New Function.
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Proviso Regarding New Functions. If UBOC reasonably believes that a New Function cannot be made part of the UBOC Talking ATM because the necessary hardware or software components cannot be obtained from one of UBOC’s principal vendors or any other United States ATM vendors manufacturing products that are compatible with UBOC ATMs, UBOC will notify Claimant in writing, providing written documentation from all applicable vendors. At Claimant request, made in writing within ten (10) days after receiving UBOC’s written notification, UBOC will arrange for a meeting to be held with Claimant, UBOC and its applicable vendors regarding any Function that is the subject of the written notice. If the parties cannot agree within ten (10) days of receipt of the notice, or, if a meeting is held, within ten

Related to Proviso Regarding New Functions

  • Opening Negotiations 4.2.1 Between April 1 and April 30 of each ensuing year, either the Association or the Board shall submit a written request for negotiations to commence to the other party, if it desires there to be negotiations for that year. If no such request is made during the time period above, negotiations will not take place for the ensuing year.

  • Term and Reopening Negotiations This Agreement shall remain in full force and effect for a period commencing July 1, 2022, through June 30, 2024, and thereafter pursuant to PELRA. If either party desires to modify or amend this Agreement commencing on July 1, 2024, it shall give written notice of such intent no later than May 1, 2024. Unless otherwise mutually agreed, the parties shall not commence negotiations more than ninety (90) days prior to the expiration of this Agreement.

  • Terms and Reopening Negotiations This Agreement shall remain in full force and effect for the period of July 1, 2021 through June 30, 2023 and thereafter until modifications are made pursuant to P.E.L.R.A. Unless otherwise mutually agreed, the parties shall not commence negotiations for the next Agreement more than 90 days prior to the expiration of this Agreement.

  • PROCEDURES FOR CONDUCTING NEGOTIATIONS Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-one

  • Audit of Existing Content and Functionality By May 1, 2017, the District will propose for OCR’s review and approval the identity and bona fides of an Auditor (corporation or individual) to audit all content and functionality on its website, including, but not limited to, the home page, all subordinate pages, and intranet pages and sites, to identify any online content or functionality that is inaccessible to persons with disabilities, including online content and functionality developed by, maintained by, or offered through a third party vendor or an open source. The Auditor will have sufficient knowledge and experience in website accessibility for people with disabilities to carry out all related tasks, including developing a Proposed Corrective Action Plan. The Audit will use the Benchmarks for Measuring Accessibility set out above, unless the District receives prior permission from OCR to use a different standard as a benchmark. During the Audit, the District will also seek input from members of the public with disabilities, including parents, students, employees, and others associated with the District, and other persons knowledgeable about website accessibility, regarding the accessibility of its online content and functionality.

  • Conducting Negotiations 5-2-1 The Association and the District agree that negotiations shall be guided by the following procedures, which may be modified at any time by mutual consent. 5-2-2 The parties agree to negotiate in good faith. Good faith is defined as an honest attempt to resolve issues, which arise during the negotiations process. Both parties agree to present reasonable proposals, which demonstrate educational and fiscal responsibility. The obligations of good faith negotiations does not compel either party to agree or to make concessions on a specific issue. 5-2-3 The parties agree that the primary teams at the table for each side will be limited to a mutually agreed upon number of participants. A majority of each team shall be District employees.

  • Electronic and Information Resources Accessibility and Security Standards a. Applicability: The following Electronic and Information Resources (“EIR”) requirements apply to the Contract because the Grantee performs services that include EIR that the System Agency's employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC’s clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product.

  • Accessibility of Web-Based Information and Applications For State Agency Authorized User Acquisitions: Any web-based information and applications development, or programming delivered pursuant to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications as follows: Any web-based information and applications development, or programming delivered pursuant to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08- 005, Accessibility of Web-Based Information and Applications as such policy may be amended, modified or superseded, which requires that state agency web-based information and applications are accessible to persons with disabilities. Web-based information and applications must conform to New York State Enterprise IT Policy NYS-P08-005 as determined by quality assurance testing. Such quality assurance testing will be conducted by the State Agency Authorized User and the results of such testing must be satisfactory to the Authorized User before web-based information and applications will be considered a qualified deliverable under the contract or procurement.

  • GEOGRAPHIC AREA AND SECTOR SPECIFIC ALLOWANCES, CONDITIONS AND EXCEPTIONS The following allowances and conditions shall apply where relevant: Where the company does work which falls under the following headings, the company agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Cooperation on Tax Matters Acquiror, the Company and the Securityholders’ Representative shall cooperate fully, as and to the extent reasonably requested by the other party, in connection with the filing of Tax Returns pursuant to this Agreement and any action or other proceeding with respect to Taxes. Such cooperation shall include the retention and (upon the other party’s request) the provision of records and information which are reasonably relevant to any such action or other proceeding and making employees available on a mutually convenient basis to provide additional information and explanation of any material provided hereunder. Acquiror, the Company and the Securityholders’ Representative agree to retain all books and records with respect to Tax matters pertinent to the Company and the Company Subsidiaries relating to any Pre-Closing Tax Period until the expiration of the applicable statute of limitations (and, to the extent notified by Acquiror, any extensions thereof), and to abide by all record retention agreements entered into with any Governmental Entity. Acquiror and the Securityholders’ Representative further agree, upon request, to use their reasonable best efforts to obtain any certificate or other document from any Governmental Entity or any other Person as may be necessary to mitigate, reduce or eliminate any Tax that could be imposed (including, but not limited to, with respect to the transactions contemplated hereby).

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