Serviceability. In the event any portion of this Agreement is declared null and void by statute or ruling of a court of competent jurisdiction or BCBSM's regulator, the remaining provisions of this Agreement will remain in full force and effect.
Serviceability a. Obi Trial Recipient will use, maintain, and care for Obi consistent with instructions in the User’s Manual.
Serviceability a. Renter will use, maintain, and care for Obi consistent with the instructions in the User’s Manual.
Serviceability. If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to the Act or the rules and Regulations made thereunder or the applicable law as the case may be and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.
Serviceability. Should any provision or clause hereof be held to be invalid, such invalidity shall not affect any other provision or clause hereof which can be given effect without such invalid provision. This Agreement shall inure to the benefit of and be binding upon the Company, its successors and assigns and upon Katz xxx his heirs, executor, administrators, or other legal representatives.
Serviceability. The compound shall resist deterioration by contact with sodium chloride, calcium chloride or other chemicals used to prevent roadway ice, or because of the oil content of pavement materials or from oil droppings or other effects of traffic. The markings shall remain intact under normal traffic conditions at temperatures below 60 degrees C (140 degrees F).
Serviceability. If any provision is held invalid, all other provisions shall remain valid.
Serviceability. Required spares to attain the serviceability may be stored at site by the Seller at his own cost.
Serviceability. All equipment provided by Amtrak for train operations shall be serviceable. All FRA requirements applying to serviceability of locomotives and cars shall be met. Locomotives shall be properly fueled with prime mover, HEP and control systems operating as intended. All cab cars and café cars shall be clean with all equipment working as intended. Trash receptacles (including designated recycling receptacles) shall be empty. All heating, ventilation and air-conditioning systems shall be operating properly. All car doors and interior lights shall be in working order and all public address systems shall work properly. All automated exterior and interior train identification and destination signs shall be utilized. All bathrooms shall be serviced and operable, and all lavatory supplies provided. All café cars will be adequately stocked with food, beverages and other items identified in the menu and as such the assigned pars will be re-stocked at the first available opportunity. The equipment shall contain no broken windows or other Comment [RM3]: TBD – PENDING RESULTS OF THE PERFORMANCE STANDARDS WORKING GROUP. appurtenances when dispatched from Oakland. No train shall be dispatched with observable safety hazards. The standard size of the onboard crews for any Capitol Corridor train in revenue service shall be a minimum of one engineer, one food service attendant and one but no more than two conductors. An automated report will be generated for the CCJPA if the crew size for any train will be larger or smaller than the aforementioned onboard crew size standard. The expenses for the additional crew(s) for train service shall be provided from the Extra Board, of which such expenses will be included within the budget set forth and agreed to by the parties in Appendix III. Any expenses for any additional onboard crews not requested by the CCJPA that exceed the agreed-to budget shall be borne by Amtrak. Revisions CCJPA may request changes to the agreed upon consist plan and crew sizing for specific events or holidays by giving notice to Amtrak no less than ten (10) business days in advance. Amtrak shall respond to such requests within five (5) business days and shall not unreasonably withhold its approval. An approved change shall be treated as a new consist plan.
Serviceability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
