UNDERSTOOD THAT Sample Clauses

UNDERSTOOD THAT. Broad based community development and conservation programs delivered through the cooperation of the USDA and the Tribe is vital to the protection of the natural resources, economic stability and well- being of this country. The parties reaffirm the relationship between the USDA and the Tribe. The Secretary of Agriculture intends to continue, within the terms of the various statutes administered by the USDA, to carry out broad programs of assistance encompassing technical, research, educational, and financial assistance to landowners and users. The parties also recognize and encourage a commitment from the Tribe in aiding the administration, coordination, financing, and delivery of all USDA programs related to community development and natural resources management and conservation programs. This agreement is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by any party against the United States, its agencies, its officers, or any person. The Department of Agriculture and [insert name of other party or parties] and their respective agencies and offices will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner. Nothing in this MOU shall obligate either the Department of Agriculture or [insert name of other party or parties] to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the Department of Agriculture and [insert name of other party or parties] will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations. This MOU takes effect upon the signature of the Department of Agriculture and [insert name of other party or parties] and shall remain in effect for [insert a time period of no more than 5 years] from the date of execution. This MOU may be extended or amended upon written request of either the Department of Agriculture or [insert name of other party of parties] and the subsequ...
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UNDERSTOOD THAT. The Hospital will pay a maximum of Joint Health and Safety Representatives their straight time hourly wage for time spent in the training session. Training will be scheduled at a mutually agreeable time between the Hospital and This will be one-time training opportunity during the life of the Collective Agreement. In the event that the training is scheduled off-site, the cost of the rental of the room shall be shared by all the affected parties of the Joint Occupational Health and Safety Committee. Only one certified member shall be designated as the recognized certified member. The total number of hours in the training session shall not exceed the required hours set by the legislation. LETTER OF UNDERSTANDING It is understood that Hospital policy provides for legal representation of staff involved in work related liabil- ity cases. It is understood that article as amended is accept- able so long as the Hospital can continue to provide every other weekend off. Vacations will be scheduled according to the Departmen- tal Master Schedule. OCCUPATIONAL CLASSIFICATIONS WAGE RATES RANGES -HOURLY RATES CLASSIFICATION ORAL (light duty position) CLEANER I W I CLEANER OPERATOR EFFECTIVE UNION DATE YEAR2 July 15/92 Sept. 29/92 Jan. 01/93 Jan. 01/94 Sept. 29/90 Jan. 01/91 Sept. 29/91 Jan. 01/92 Sept. 29/92 Jan. 01/93 Jan. 01/94 Sept. 29/90 Jan. 01/91 Sept. 29/91 Jan. 01/92 Sept. 29/92 Jan. 01/93 Jan. 01/94 Note: January 1/94 Pay Equity increase actually processed effective Dec. for Admin. purposes OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES (Continued) RANGES HOURLY RATES EFFECTIVE CLASSIFICATION UNION START YEAR1 YEAR2 LEAD HAND MAINTENANCE Sept. 29/90 Sept. 29/91 Sept. 29/92 I Sept. 29/90 Sept. 29/91 Sept. 29/92 Note: January 1/94 Pay Equity increase actually processed effective Dec. for Admin. purposes OCCUPATIONAL CLASSIFICATIONS WAGE RATES (Continued) RANGES HOURLY RATES EFFECTIVE CLASSIFICATION UNION DATE START YEAR1 YEAR2 PLUMBER BUILDING SYSTEMS Sept. 29/90 MECHANIC I XXXXXXXXX Sept. 29/91 Sept. 29/92 PAINTER Sept. 29/90 ELECTRICIAN (unlicensed) Sept. 29/91 Sept. 29/92 Note: January 1/94 Pay Equity increase actually processed effective Dec. for Admin. purposes OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES (Continued) RANGES HOURLY RATES EFFECTIVE CLASSIFICATION UNION DATE YEAR1 YEAR2 MAINTENANCE I N MAINTENANCE I Sept. 29/90 29/91 01/92 Sept. 29/92 Jan. 01/93 Jan. 01/94 Sept. 29/90 Jan. 01/91 Sept. 29/91 Jan. 01/92 Sept. 29/92 Jan. 01/93 Note: January 1/94 Pay E...
UNDERSTOOD THAT. A. I assume all risks of damage to the building and its mechanical systems, and to persons and property in the building, that may result from or be attributable to the work being performed hereunder and I assume all responsibility for the maintenance and repair of any alterations and installations after completion. This responsibility covers all work, whether or not structural; weathertightness of windows, exterior walls, or roofs; waterproofing of every part of the building directly or indirectly affected by the work; and maintenance of all heating, plumbing, air conditioning, and other equipment installed or altered pursuant hereto. If the operation of the building or any of its equipment is adversely affected by the work, I will, when so advised, promptly remove the cause of the problem. If I do not do so, the corporation may have the problem corrected, and I will be liable for all costs and expenses incurred.

Related to UNDERSTOOD THAT

  • NONE With respect to any of the foregoing designations as to which the corresponding reference is "None," all defined terms and provisions in this Agreement relating solely to such designations shall be of no force or effect, and any calculations in this Agreement incorporating references to such designations shall be interpreted without reference to such designations and amounts. Defined terms and provisions in this Agreement relating to statistical rating agencies not designated above as Rating Agencies shall be of no force or effect.

  • PROVIDED THAT (i) "Calendar Year" for the purpose of this Agreement shall mean the twelve (12) month period from January 1st to December 31st inclusive.

  • Neither (i) any Issuer-Represented General Free Writing Prospectus(es) (as defined below) issued at or prior to the Applicable Time (as defined below) and the Statutory Prospectus (as defined below), all considered together (collectively, the “General Disclosure Package”), nor (ii) any individual Issuer-Represented Limited-Use Free Writing Prospectus(es) (as defined below) when considered together with the General Disclosure Package, includes or included as of the Applicable Time any untrue statement of a material fact or omits or omitted as of the Applicable Time to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus included in the Registration Statement, the General Disclosure Package or any Issuer-Represented Limited-Use Free Writing Prospectus (as defined below) in conformity with the Underwriters’ Information. Each of (i) any electronic road show or investor presentation (including without limitation any “bona fide electronic road show” as defined in Rule 433(h)(5) under the Securities Act) delivered to and approved by the Underwriters for use in connection with the marketing of the Offering as of the time of their use and at the Closing Date and on each Option Closing Date, if any and (ii) any individual Written Testing-the-Waters Communication (as defined herein), when considered together with the General Disclosure Package at the Closing Date and on each Option Closing Date, if any, did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

  • Notwithstanding the foregoing (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate or transfer this Agreement in connection with a sale of a majority or more of its assets, equity interests or voting control, provided that BNY Mellon gives the relevant Funds ninety (90) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the provision of services under this Agreement in any material respect, and the assignee or transferee agrees in writing to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities or obligations hereunder and BNY Mellon shall remain responsible for all activities, including all acts and omissions, of such BNY Mellon Affiliates to the same extent as if such activities were performed by BNY Mellon; (iii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall (A) require the prior written consent of the relevant Funds and (B) not relieve BNY Mellon of any of its liabilities hereunder; and (iv) BNY Mellon, in the course of providing certain additional services requested by a Fund (“Vendor Eligible Services”) as further described in Schedule I attached hereto, may in its sole discretion, enter into an agreement or agreements with a financial printer or electronic services provider (“Vendor”) to provide BNY Mellon with the ability to generate certain reports or provide certain functionality; provided, however, that BNY Mellon shall ensure prior to any assignment, transfer, subcontracting, hiring, engaging or other outsourcing, as applicable, under subsections (i) through (iv) that the applicable BNY Mellon Affiliate, unaffiliated third party or Vendor is subject to written confidentiality, security and data protection obligations at least as restrictive as those set forth in this Agreement. BNY Mellon shall not be obligated to perform any of the Vendor Eligible Services unless an agreement between BNY Mellon and the Vendor for the provision of such services is then-currently in effect. Upon request, BNY Mellon will disclose the identity of the Vendor and the status of the contractual relationship, and a Fund is free to attempt to contract directly with the Vendor for the provision of the Vendor Eligible Services.

  • No Detrimental Agreement The Adviser represents and warrants that it has no arrangement or understanding with any party, other than the Trust, that would influence the decision of the Adviser with respect to its selection of securities for a Fund, and that all selections shall be done in accordance with what is in the best interest of the Fund.

  • No Avoidance Not to avoid or seek to avoid (whether by charter amendment or through reorganization, consolidation, merger, issuance of rights, dissolution or sale of assets, or by any other voluntary act) the observance or performance of any of the covenants, agreements or conditions to be observed or performed hereunder by Issuer and not to take any action which would cause any of its representations or warranties not to be true; and

  • Additionally each Guarantor, jointly and severally, unconditionally and irrevocably, guarantees the payment of any and all Guaranteed Obligations of the Borrower to the Creditors whether or not due or payable by the Borrower upon the occurrence in respect of the Borrower of any of the events specified in Section 9.05 of the Credit Agreement, and unconditionally and irrevocably, jointly and severally, promises to pay such Guaranteed Obligations to the Creditors, or order, on demand, in lawful money of the United States.

  • Agreed Venue of dispute resolution with a TIPS Member In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties.

  • Certain Business Relationships With Affiliates No Affiliate of the Parent or of any of its Subsidiaries (a) owns any property or right, tangible or intangible, which is used in the business of the Parent or any of its Subsidiaries, (b) has any claim or cause of action against the Parent or any of its Subsidiaries, or (c) owes any money to, or is owed any money by, the Parent or any of its Subsidiaries. Section 3.26 of the Parent Disclosure Schedule describes any transactions involving the receipt or payment in excess of $1,000 in any fiscal year between the Parent or any of its Subsidiaries and any Affiliate thereof which have occurred or existed since the beginning of the time period covered by the Parent Financial Statements.

  • Disclosure Updates Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

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