Counterparts This Contract may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original but all of which together shall constitute one and the same agreement. This Contract may be executed by facsimile or other electronic communication and this procedure shall be as effective as signing and delivering an original copy.
Counterpart means a counterpart to this Agreement entered into by a Subsidiary of Company pursuant to Section 21 hereof.
Multiple means the least of (i) three, (ii) the greater of one and the number of years and fractions thereof during the period from the Date of Termination (as hereinafter defined) and the Executive's 65th birthday, and (iii) if the Executive had announced his intention to retire before the Date of Termination, the number of years and fractions thereof from the Date of Termination until the date of such intended retirement. 2.
Counterpart Funds means the local currency generated from the Loan proceeds under the Program and referred to in paragraph 4 of Schedule 4 to this Loan Agreement;
Executed means the Vendor should have achieved the criteria specified in the Technical criteria of PQR even if the Contract has not been completed or closed
Omnibus Instrument means the Omnibus Instrument in which this Statutory Trust Agreement is included as Section A-1.
Lender Addendum with respect to any initial Lender, a Lender Addendum, substantially in the form of Exhibit J, to be executed and delivered by such Lender on the Closing Date as provided in Section 10.17.
Facsimile signature means a signature engraved, lithographed, printed, stamped, or otherwise mechanically reproduced or computer-generated.
Signatories means those companies or industry participants who sign this Voluntary Agreement, which shall include (but not be limited to) Equipment Manufacturers, Software Providers, Conditional Access Providers, Component Manufacturers and Service Providers.
pdf or “tif”) shall be effective as delivery of a manually executed counterpart of this Agreement.
Addenda/Addendum means supplemental additions, deletions, and modifications to the provisions of the RFP after the release date of the RFP.
Amendment No. 4 means Amendment No. 4 to this Agreement dated as of August 7, 2020, by and among the Borrower, Holdings, the other Loan Parties party thereto, the Extending Term Lenders, and the Administrative Agent.
Appendices has the meaning ascribed to it in the recitals to the Agreement.
Amendment No. 5 means Amendment No. 5 to this Agreement dated as of August 7, 2020, by and among the Borrower, Holdings, the other Loan Parties party thereto, the Extending Revolving Credit Lenders party thereto, and the Administrative Agent.
Addendum / Amendment means any written amendment / addendum /corrigendum to this RFP, from time to time issued by NMRC to the prospective bidders
Counterpart Agreement means a Counterpart Agreement substantially in the form of Exhibit G delivered by a Credit Party pursuant to Section 5.10.
Amendment No. 2 means Amendment No. 2 to this Agreement, dated as of the Amendment No. 2 Effective Date, by and among the Loan Parties, the L/C Issuers, the Former Administrative Agent, the Former Collateral Agent, the New Administrative Agent, the New Collateral Agent, the Amendment No. 2 Additional Lender and the other Lenders party thereto.
Facsimile (FAX) prescription means a written prescription or order that is transmitted by an electronic device over telephone lines that sends the exact image to the receiving pharmacy in hard copy form.
Amendment No. 8 means Amendment No. 8, dated as of March 31, 2017, to this Agreement.
Addenda/Addendum means written supplemental additions, deletions, and modifications to the provisions of the RFQ issued by the Department, after the date of issuance of the RFQ.
Amendment No. 6 means Amendment No. 6 to this Agreement dated as of August 24, 2021, by and among the Borrower, Holdings, the other Loan Parties party thereto, the Extending Revolving Credit Lenders party thereto, the Third Incremental Term Lenders and the Administrative Agent.
Increase Joinder has the meaning specified therefor in Section 2.14.
Addenda or Addendum means additional directions, modifications and alternations to solicitation which is issued as separate document prior to the time of receipt of bids or proposals
Amendment No. 1 means Amendment No. 1 to Credit Agreement dated as of October 25, 2016, by and among the Loan Parties, the Administrative Agent and the Lenders party thereto.
Assignment/Amendment We reserve the right to change this Service Agreement (including the price or to charge an additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the remainder of the terms and conditions in this Service Agreement shall remain valid. Transfer: This Service Agreement is not transferable by You. Responsibility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. HomeServe will serve as Your point-of-contact for all questions or concerns. Our obligations under this Service Agreement are insured under a service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety Company, Inc., 000 Xxxx Xxxxxxx Xxxx., 11th Floor, Chicago, IL 60604, 0-000-000-0000. Our Liability: To the extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents and contractors shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per covered repair benefit limit set out above; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, NAW AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:
First Amendment means that certain First Amendment to Credit Agreement, dated as of September 19, 2016, among the Borrower, the Administrative Agent and the Lenders party thereto.