Xxxxx Provision Sample Clauses

Xxxxx Provision. Notwithstanding any other provision, term or condition of this Agreement, Leman Classical’s financial obligations in future fiscal years (July 1 through June 30) are subject to annual fiscal year appropriations by and at its option. The obligation of Leman Classical to make any payments pursuant to this Agreement shall terminate in the event that the Board for any reason does not appropriate moneys to make such payments during its next ensuing fiscal year. The parties acknowledge and agree that any payments by Leman Classical described in this Agreement shall constitute current expenditures of Leman Classical payable in the fiscal years for which funds are appropriated by Leman Classical for the payment thereof. Leman Classical’s obligations hereunder shall be from year to year only (July 1 through June 30) and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Leman Classical or an obligation of Leman Classical payable in any fiscal year beyond the fiscal year for which it appropriated funds for the payment thereof.

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Xxxxx Provision. Notwithstanding any other provision, term or condition of this Agreement, Licensee’s financial obligations in future fiscal years (July 1 through June 30) are subject to annual fiscal year appropriations by and at its option. The obligation of Licensee to make any payments pursuant to this Agreement shall terminate in the event Licensee for any reason does not appropriate moneys to make such payments during its next ensuing fiscal year. The parties acknowledge and agree that any payments by Licensee described in this Agreement shall constitute current expenditures of Licensee payable in the fiscal years for which funds are appropriated by Licensee for the payment thereof. Licensee’s obligations hereunder shall be from year to year only (July 1 through June 30) and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Licensee or an obligation of Licensee payable in any fiscal year beyond the fiscal year for which it appropriated funds for the payment thereof.

Xxxxx Provision. Subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee (i) an exclusive, royalty‐bearing license under Licensor’s interest in the Patent Rights to make, have made, use, offer to sell, sell and import Licensed Products and practice and use Licensed Processes in the Territory, solely in the Field of Use, and (ii) a nonexclusive license to use the Licensor Know‐how, solely to develop, make, have made, offer for sale, sell, have sold, import, export, distribute, rent, or lease Licensed Products and to practice and use Licensed Processes in the Territory, solely in the Field of Use; provided, however, that:

Xxxxx Provision. 31.1. The Agreement overrides any other agreements, arrangements, express or implied statements made by the Company.

Xxxxx Provision. The United States, Canada and some EU countries provide "early working" exceptions for patent rights, permitting the testing of medicines prior to the expiration of patents in order obtain regulatory approval to market a product. The US early working exception is sometimes referred to as a "Xxxxx" provision -- a reference to a US Supreme Court decision that prohibited this practice and was later overturned by legislation, as part of the US 138 See the footnote of Article 28: This right, like all other rights conferred under this Agreement in respect of the use, sale, importation or other distribution of goods, is subject to the provisions of Article 6. 139 “A New Era in Global Trade”, WHO Policy Perspective on Medicines.op.cit. 140 ibid. 141 Ibid. 142 Xxx xxx xxx Xxxx, Vice-President for Foreign Affairs and International Trade.op.cit. Hatch/Waxman Act.143Some EU governments have early working exceptions as part of more general exceptions for experimental use. Trips article 30 also provides exceptions to patent rights, which says: Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties. This provision also provides for early submission of application for registration of patented drugs by generic manufacturers. Xxxxx provision allows interested (generic) manufacturers to start producing test-batches of a product before patent expires, in order to collect necessary data for submission to regulatory authorities.144 Manufacturers of generic drugs can submit an application for the registration of a drug, which is still under patent. When the patent expires, the manufacturer may immediately start marketing the product if already approved for registration. This will reduce the delay for generic products to enter the market after the patent has expired, and thereby enhance competition.145 The purpose of this exception is to help generic drug producers to place their products on the market as soon as the respective patent expires. The US Drug Price Competition and Patent Term Restoration Act (1984), for instance, has permitted testing to obtain approval of generic products before the expiration of the relevant patent. Similar provisions were established in other countries, such as Canada, Israel and A...

Xxxxx Provision. (a) Solely the Dutch text of these General Terms and Conditions of Purchase is authentic. In the event of any discrepancy between the Dutch text and a translation into a foreign language, the Dutch text will prevail. FNsteel BV Postal Address: P0 Box 3, 0000 XX Xxxxxxxxxxxx, Xxx Xxxxxxxxxxx Visiting Address: Rapenburg 0, 0000 XX Xxxxxxxxxxxx, Xxx Xxxxxxxxxxx Tel. +00 (0)00 0000 000 | xxx.xxxxxxx.xx

Related to Xxxxx Provision

ANTI-LOBBYING PROVISION 7.1 During the period between the bid advertisement date and the contract award, Bidders, including their agents and representatives, shall not lobby or promote their bid with any member of the City or County staff or officers except in the course of Owner sponsored inquiries, briefings, interviews, or presentations, unless requested by the Owners.
Final provision 1. This Agreement shall be deposited with the Secretary General of the ASEAN Secretariat who shall promptly furnish a certified copy thereof to each Member State.
Israel Provision Pursuant to Chapter 2270 of the Texas Government Code, the ENGINEER verifies by signing this Contract that the ENGINEER does not boycott Israel and will not boycott Israel during the term of this Contract.
ANTI-PROSELYTISM PROVISION No funds provided directly to institutions or organizations to provide services and administer programs under Title 42 United States Code (USC) Section 604a(a)(1)(A) shall be expended for sectarian worship, instruction, or proselytization, except as otherwise permitted by law.
EEO Provisions During the performance of this Contract the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth these EEO provisions. (2) The Contractor shall in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. (3) The Contractor shall send a copy of the EEO provisions to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding. (4) In the event of the Contractor's noncompliance with these EEO provisions, the City may cancel, terminate, or suspend this contract, in whole or in part, and the City may declare the Contractor ineligible for further City contracts. (5) Unless exempted by the City Council of the City of Durham, the Contractor shall include these EEO provisions in every purchase order for goods to be used in performing this contract and in every subcontract related to this contract so that these EEO provisions will be binding upon such subcontractors and vendors.
Service Provision Subject to, and in accordance with, the terms and conditions in this Agreement, the Operator will provide the Services (either directly or by making its facilities and services available to other Physicians) to:
FULLY BARGAINED PROVISIONS A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
Top-up Provisions Employees accessing short-term disability leave as set out in paragraph c) will have access to any unused sick leave days from their last fiscal year worked for the purpose of topping up wages to one hundred percent (100%) under the short-term disability leave. This top-up is calculated as follows: Eleven (11) days less the number of sick leave days used in the most recent fiscal year worked. Each top-up to 100% from 90 to 100% requires the corresponding fraction of a day available for top-up. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short-Term Paid Leave Days/Miscellaneous Personal Leave Days in the current year. These days can be used to top-up salary under the short-term disability leave. When employees use any part of a short-term disability leave day they may access their top up bank to top up their salary to 100%.
CFR Part 200 or Federal Provision - Xxxx Anti-Lobbying Amendment - Continued If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form - LLL", as instructed, to report the lobbying activities you performed or paid others to perform. 2 CFR Part 200 or Federal Provision - Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify compliance? Yes 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor certify that it is in compliance with these provisions? Yes 2 CFR Part 200 or Federal Provision - Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor certify? Yes
General Provision The Fund hereby employs OFI and OFI hereby undertakes to act as the investment adviser of the Fund and to perform for the Fund such other duties and functions as are hereinafter set forth. OFI shall, in all matters, give to the Fund and its Board of Trustees the benefit of its best judgment, effort, advice and recommendations and shall, at all times conform to, and use its best efforts to enable the Fund to conform to (i) the provisions of the Investment Company Act and any rules or regulations thereunder; (ii) any other applicable provisions of state or federal law; (iii) the provisions of the Declaration of Trust and By-Laws of the Fund as amended from time to time; (iv) policies and determinations of the Board of Trustees of the Fund; (v) the fundamental policies and investment restrictions of the Fund as reflected in its registration statement under the Investment Company Act or as such policies may, from time to time, be amended by the Fund's shareholders; and (vi) the Prospectus and Statement of Additional Information of the Fund in effect from time to time. The appropriate officers and employees of OFI shall be available upon reasonable notice for consultation with any of the Trustees and officers of the Fund with respect to any matters dealing with the business and affairs of the Fund including the valuation of any of the Fund's portfolio securities which are either not registered for public sale or not being traded on any securities market.