Special Offers/Promotions Generally Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or Net Price otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion; and
Records Generally Xxxxxx agrees to keep and to have in its possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Xxxxxx and made available in Colorado to Lessor for a period of not less than five (5) years.
Terms Generally The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (e) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
Services Generally Throughout the Term of this Agreement, the Contractor shall provide the Services in the Service Areas in accordance with the terms and conditions of this Agreement.
Submissions on Behalf of Others Should You wish to submit work that is not Your original creation, You may submit it to OIDF separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]".
Compliance with Laws Generally Contractor complies in all material respects with all laws, rules, and regulations applicable to Contractor’s business and services.
Notices Generally Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
Conclusions and Recommendations The demonstration and evaluation process provided an opportunity to test community specific tools with a range of end users from the memory institution domain and to gain greater insight into both the current and future evolution of the SHAMAN prototypes for preservation, access and re-use. Xxxx et al. (2000) in their user evaluation study of the Alexandria Digital Library which incorporated the evaluation of a Web prototype by earth scientists, information specialists and educators raised four key questions in relation to their findings that SHAMAN may be well advised to consider, they are paraphrased here with our conclusions from the investigations. What have we learned about our target organizations and potential users? Memory institutions are most definitely not a homogenised group; their needs and requirements differ greatly across the domain. Representatives of the archives community are agreed on the benefits of SHAMAN‟s authenticity validation function. The representatives of government information services remained unconvinced as to the need or benefit of grid technologies or distributed ingest while librarians saw the value of grid access as an asset of the framework. What have we learned about the evaluation approach for digital preservation? Within the limits of the exercise, in terms of time-frame and resources, the approach adopted has generated useful information for the further development of demonstrators and for the development of the SHAMAN framework overall. What have we learned about the SHAMAN ISP1 demonstrator? Respondents to the evaluation questionnaires and the focus groups indicate that, overall, the presentation of the demonstrator worked effectively and that, in general, participants in the demonstration and evaluation events were able to understand the intentions of the demonstration and to apply the ideas presented to their own context. What have we learned about the applicability of the SHAMAN framework to memory institutions? Respondents to the questionnaires and participants in the focus groups readily identified the value of the SHAMAN framework to their own operations. The majority had not yet established a long-term digital preservation policy, but recognized the need. Generally, the concepts of distributed ingest and grid operations found favour. Virtually all practitioners in the focus groups, however, drew attention to need of a lower level demonstration that would be closer to their everyday preservation troubles, especially for digital preservation to be applied to non-textual materials, such as film, photographs and sound archives. In addition to the criteria suggested by Xxxx et al., we can add a further project-related question: What have we learned that has implications for the training and dissemination phase of the Project? It was not part of the remit of the demonstration and evaluation specifically to discover information of relevance to the training and dissemination function. However, a number of factors will affect the efficacy of any training programme in particular. o First, no common understanding of digital preservation can be assumed of the potential target audiences for training. Consequently, it is likely that self-paced learning materials will be most effective in presenting the SHAMAN framework. o Secondly, the aims of SHAMAN as a project must be conveyed clearly: specifically, that it is a kind of „proof-of-concept‟ project and is not intended to deliver a package of programs capable of being implemented by institutions. o Thirdly, it needs to be emphasised that the SHAMAN framework is not limited to text documents; it can be applied to materials of all kinds. However, the demonstrations relate to bodies of material that were actually available for use. o Fourthly, the existing presentation materials are capable of being adapted for use in training activities. o Finally, the target audiences will appreciate the possibility of online access to the demonstrator, which will need to have very great ease of access in order that people with diverse backgrounds are able to use it with equal facility. We believe that, overall, WP14 has met its aims and objectives in this demonstration and evaluation of ISP1. Valuable lessons have been learnt by all parties involved, which will be transferred to the evaluation of ISP2 in the coming months.
Payments Generally (a) All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue.
REVISIONS AND AMENDMENTS Any revisions or amendments to this Agreement must be made in writing and signed by both parties.
