INDEMNIFICATION AND INSURANCE, is deleted in its entirety and replaced with the following:
Confidential Information has the meaning set forth in Section 6.1.
Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
Agreement has the meaning set forth in the preamble.
Effective Date has the meaning set forth in the preamble.
Company has the meaning set forth in the Preamble.
Subsidiary means, with respect to any specified Person:
Affiliate means any Person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a Person, as such terms are used in and construed under Rule 405 under the Securities Act.
Contractor means the individual or entity, that has entered into this contract with the Commonwealth.
Board means the Board of Directors of the Company.
Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
Person means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind.
Department means the department of health.
Business Day means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
Day means calendar day.
Party or “Parties” has the meaning set forth in the Preamble.
corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.
Director means a member of the Board.
Employee means any person, including Officers and Directors, employed by the Company or any Parent or Subsidiary of the Company. Neither service as a Director nor payment of a director’s fee by the Company will be sufficient to constitute “employment” by the Company.
Commission means the Securities and Exchange Commission.
Code means the Internal Revenue Code of 1986, as amended.
Act means the Securities Act of 1933, as amended.
Exchange Act means the Securities Exchange Act of 1934, as amended.