Section X. Pulp of wood or of other fibrous cellulosic material recovered; paper and paperboard or waste (scrap paper and paperboard) or applications.
Section X. C.1.c. of the Agreement is deleted in its entirety and replaced with the following:
Section X. A shall not apply where the State of Rhode Island meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein. For the avoidance of doubt, because the State of Rhode Island is deemed eligible for Incentive Payment A for Payment Years 1 and 2 under Section V.F.1.a, a suspension of Payments under Section X.A.2 shall not apply to the State of Rhode Island for those Payment Years.
Section X. C.1.(b) of the Agreement is amended to read in its entirety as follows: "Either TS or AOL may terminate this Agreement at any time upon written notice to the other upon a material breach by the other in the performance of its agreements and obligations hereunder and such other party's failure to cure such breach within 30 days after written notice thereof (the "Cure Period"); provided, however, that in the case of a scheduled payment hereunder, the Cure Period shall be five (5) business days after written notice thereof. Notwithstanding the foregoing, no party shall have the right to terminate this Agreement for a material breach of this Agreement pursuant to this Section X.C.1.b based on any asserted breach unless such breach shall not have been cured during the applicable Cure Period and it is determined by an arbitration proceeding convened under Section XI.D that the breach was a material breach as referenced in the preceding sentence and the breaching party fails to comply with the arbitrators' order, or any portion thereof, in which event the non-breaching party may terminate this Agreement immediately upon written notice to the other party; provided, however, that this sentence shall not apply in the event of any recurrence of the same breach or the occurrence of any substantially similar breach by the previously breaching party if such further asserted breach shall be material and the foregoing notice and opportunity to cure shall have been given and such breach shall continue uncured. Nothing in this provision is intended to impair the right of any party to contest a termination by invoking the dispute resolution procedures of this Agreement, provided that in the event that the breaching party fails to comply with an order issued by an arbitration panel or in the event of a recurrence of a breach or occurrence of any substantially similar breach, a notice of termination from the non-breaching party shall take effect immediately and all performance obligations of the non-breaching party shall be immediately suspended (provided that, if such terminating party shall be determined not to have been entitled so to terminate, the other party shall be entitled to damages for wrongful termination and suspension of such performance obligations)."
Section X. Xxxxxx – removed “In return for the respective rights, benefits and burdens undertaken by the parties, Developer shall be, and is hereby relieved of obligations imposed by future land development laws, ordinances and regulations, except those which may be specifically provided for herein.” Councilor Xxxxxx sought clarification on the changes made to Page 8. Xx. Xxxxx Xxxxxx, Esq. explained that the sentence was the very last sentence under the heading merger; it was a misplaced sentence; it deals with the applicability of future land use regulations; and we struck it from the last sentence under merger and moved it to the land use section entitled applicable land use regulations. Councilor Xxxxxx said several changes clarify what she hoped would not need to be clarified in that the city now can use its public funds to acquire the right of way for the streets and then use our public funds to improve the streets. She said rather than the improvements being done as an incentive, we have to buy the land at $90,000 a square acre for property that we will then improve. Ms. Xxxxxx Xxxxxx, City Manager clarified that the developer would use the money towards the acquisition of the property. Councilor Xxxxxx said that we can mutually agree to add additional funds. Ms. Xxxxxx Xxxxxx, City Manager said if the Council chose to do that, but she doesn’t see there being additional funds to go towards that. Xx. Xxxxxxx X. Gaines, Esq., City Attorney further clarified that any public funds used by the developer under this agreement, the city has to ultimately own that public infrastructure. Councilor Xxxxxx asked if it’s within three (3) years. Xx. Xxxxx Xxxxxx, Esq. said it’s generally three (3) years or as otherwise required by the funding mechanism. Councilor Xxxxxx recalled the request for there to be negotiations about the trigger on Exhibit C; when the $5.2 million initially went in and another trigger when the $7+/- million went in.
Section X. Xxxxx to the mark-up, and at such other times as may 13 be necessary, Transportation officials shall determine, subject to 14 review by the Union, the number of operators to be off on the Day 15 Board and the Night Board each day of the week. Selection of days off 16 by operators on the Extra Board is to be in accordance with Rule #9 17 of these rules.
Section X. Xxxxxxxxxx
Section X xx. is added to Article 1. DEFINITIONS of said Contractors’ Agreement to read, in its entirety, as follows:
Section X x Intellectual Property under the General Provisions section shall be replaced in its entirety with the following: Copyright in all material created by the District and paid for as part of this Agreement shall be the property of the state of Washington. OSPI, the District and ESD112 may use these materials, and permit others to use them, for any purpose consistent with their respective missions as agencies of the state of Washington. This material includes, but is not limited to: books, computer programs, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Material which the District provides and uses to perform this Agreement but which is not created for or paid for by this agreement shall be owned by the District or such other party as determined by copyright law and/or the District’s internal policies; however, for any such materials, the District hereby grants (or, if necessary and to the extent reasonably possible, shall obtain and grant) a perpetual, unrestricted, royalty free, nonexclusive license to OSPI to use the material for OSPI internal purposes. EXHIBIT B GENERAL TERMS & CONDITIONS
