TERMS OF LICENSE The terms and conditions set forth in the Contract that are in effect and applicable to a Purchase Order at the time of order placement. kk. THIRD-PARTY SOFTWARE Any software that is developed independently of Contractor and which may be governed by a separate license.
Terms of Use 1. The Contribution will be made Open Access under the terms of the Creative Commons Attribution License which permits use, distribution and reproduction in any medium, provided that the Contribution is properly cited.
Agreement to Terms Buyer and Seller acknowledge that they have read the entire Agreement and that by signing below agree to all terms contained herein.
Modification to Terms PEMBROKE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Report at any time, effective upon posting of an updated version of this Agreement on PEMBROKE’s website located at xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. PEMBROKE agrees to notify Purchaser in writing of any material modification at or before the time of such modification’s effectiveness. Continued use of the Report after such notice shall constitute Purchaser’s consent to such modifications.
Terms of Engagement Upon selection of the OEPR Evaluator, as set forth in this Attachment U (Calculation and Adjustment of Net Energy Potential), the Seller shall retain and contract with the OEPR Evaluator in accordance with the terms of this Attachment U (Calculation and Adjustment of Net Energy Potential). The OEPR Evaluator's scope of work and expected deliverables for all OEPRs must be acceptable to Company and shall, among other things, require the OEPR Evaluator to provide (i) an estimated single number with a P-Value of 95 for annual Net Energy that could be produced by the Facility based on the estimated long-term monthly and annual total of such production over a period of ten years; (ii) the data on plane of array of irradiance and corresponding power output used in arriving at the aforementioned estimated annual Net Energy; (iii) the GPR Performance Metric as provided in Section 2.6(b)(ii) (Commencing With Initial OEPR) or Section 2.6(b)(iii) (Commencing With First Subsequent OEPR and Thereafter) of this Agreement, as applicable; and (iv) any additional information that may be reasonably required by a Party with respect to the methodology used by the OEPR Evaluator to reach its conclusion. The provisions of this Attachment U (Calculation and Adjustment of Net Energy Potential) do not impose a limit on the OEPR Evaluator's professional judgment as to what other estimates (if any) to include in the OEPR. Without limiting the professional judgment of the OEPR Evaluator in estimating the Net Energy Potential and GPR Performance Metric, the following is a general description of how the Parties anticipate that the OEPR Evaluator will proceed: The purpose of an OEPR is to implement the intent of the Parties as set forth in Section 1(a) (Net Energy Potential and the Intent of the Parties) of this Attachment U (Calculation and Adjustment of Net Energy Potential) by evaluating (i) whether, when the Renewable Resource Baseline (as estimated by the OEPR Evaluator on the basis of the typical meteorological year as derived from the Site's measured meteorological data) is present and the Facility is in Full Dispatch, the Facility is capable of doing what the Parties expected the Facility to do: i.e., generating and delivering to the Point of Interconnection electric energy in an amount consistent with the then applicable Net Energy Potential of the Facility (i.e., the estimate of Net Energy Potential then being used to calculate the monthly Lump Sum Payment pursuant to Section 3 (Calculation of Lump Sum Payment) of Attachment J (Company Payments for Energy, Dispatchability and Availability of XXXX to this Agreement); and (ii) if the Facility is not doing what the parties expected in this regard, identifying a new estimated single number with a P-Value of 95 for annual Net Energy that could be generated and delivered by the Facility based on the estimated long-term monthly and annual total of such production over a period of the next ten years. At a high level, the analysis relies on reported Actual Output (i.e., energy delivered to the Point of Interconnection) during the OEPR Period of Record to estimate Facility performance over a future evaluation period of ten years. The data from the OEPR Period of Record are first quality screened and evaluated. One-time events are assessed and removed from the record where appropriate. Values for potential energy are then calculated from the reported energy production measured at the Point of Interconnection by adjusting for 100% availability and undispatched energy. Suitable long-term reference data sets are then identified by analyzing the reference for irradiance and the normalized values for potential energy production at the Point of Interconnection over the OEPR Period of Record. Relationships between selected long-term reference irradiance data sets and normalized values for potential energy production at the Point of Interconnection are used to calculate long-term values for such on a monthly and annual basis. Finally, estimates of future Facility availability (taking into account anticipated maintenance) and losses (such as system degradation and balance of plant losses) are applied in order to calculate the Net Energy Potential. For this purpose, no reductions are made for future estimates of energy that Company may choose not to dispatch. If a copy of the IE Energy Assessment Report is available to the OEPR Evaluator, the OEPR Evaluator should review such Report before commencing preparation of the OEPR and evaluate whether it is appropriate for the OEPR Evaluator to take into account any of the work reflected in the IE Energy Assessment Report.
INDEX TO TERMS Term Advertised Rates Base Index Base Rates Bid Premium Rates Bid Rates Catastrophic Damage Claim Clearcutting Units Continuous Scaling Services Contract Term Adjustment Contract Term Extension Current Contract Rates Current Contract Value Current Unit Rates Design Change Extended Scaling Services Extension Deposit Fire Precautionary Period Flat Rates Included Timber Indicated Advertised Rates Intermittent Scaling Services Marked Negligent Fire Reference A4 A4 A4 A4 A4 B2.133 B9.2 B2.3 B6.81 B8.21 B8.23 B3.1 B3.1 B5.251 B5.253 B6.81 B4.217 B7.2 A4 B2.1 B8.221 B6.81 B2.35 B7.42 Term Normal Operating Season Off-Road Equipment Operations Fire Out-of-Pocket Expenses Overstory Removal Units Plans Purchaser’s Operations Required Deposits Sale Area Sale Area Map Scaling Schedule of Items Shop Drawings Specified Roads Streamcourses Subcontractor Substantially Completed Temporary Roads Tentative Rate Termination Date Timber Sale Account Understory Removal Units Unrecovered Expenditures Utilization Standards Reference B6.31 B6.35 B7.41 B8.35 B2.3 B5.211 B6.3 A4 B1.1 B1.1 B6.8 B5.2 B5.211 B5.2 B6.5 B8.64 B5.23 B5.1 A4 B8.2 B4.2 B2.3 B8.35 A2, B2.2 Contract FS-2400-6, Pages 110 through 141 (06/2006) CONTENTS Reference Number B1.0 B1.1 B1.2 B2.0 B2.1 B2.11 B2.12 B2.13 B2.131 B2.132 B2.133 B2.134 B2.14 B2.15 B2.16 B2.2 B2.3 B2.31 B2.32 B2.33 B2.34 B2.35 B2.36 B2.37 B2.4 B2.41 B2.42 B3.0 B3.1 B3.2 B3.21 B3.3 B3.31 B3.32 B3.33 B3.34 B3.4 B3.41 B3.42 B3.43 B3.44 B3.45 B3.46 B3.47 B4.0 B4.1 B4.2 B4.21 Title SALE AREA Sale Area Map Claims TIMBER SPECIFICATIONS Included Timber Standard Timber Substandard Timber Damaged Timber Damaged by Purchaser Negligent or Willful Damage Damaged by Catastrophe Minor Damage by Natural Causes Unintentionally Cut Timber Construction Timber Other Material Utilization and Removal of Included Timber Timber Designations Clearcutting Units Construction Clearing Overstory Removal Units Understory Removal Units Individual Trees Incompletely Marked Timber Minor Changes Volume Estimate Adjustment for Volume Deficit Adjustment for Excess Volume RATES OF PAYMENT Current Contract Rates Escalation Procedure Unavailable Index Rate Redetermination Rate Redetermination for Environmental Modification Rate Redetermination after Catastrophic Damage Rate Redetermination for Market Change Emergency Rate Redetermination Other Payment Rates Material Not in A2 Timber Cut Through Mistake Designated Timber Cut But Not Removed Undesignated Timber Damaged Without Negligence Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut Liquidated Damages Defect Caused by Abnormal Delay PAYMENTS Amount Payable for Timber Timber Sale Account Cash Deposits Page 113 113 113 113 113 113 113 113 113 113 113 113 113 114 114 114 114 114 114 114 114 114 114 114 114 114 114 115 115 115 115 115 115 115 116 116 116 116 116 116 116 116 116 116 117 117 117 117 Reference Number B4.211 B4.212 B4.213 B4.214 B4.215 B4.216 B4.217 B4.218 B4.22 B4.23 B4.24 B4.3 B4.31 B4.32 B4.4 B5.0 B5.1 B5.11 B5.12 B5.2 B5.21 B5.211 B5.212 B5.22 B5.23 B5.24 B5.25 B5.251 B5.252 B5.253 B5.26 B5.27 B5.3 B5.4 B6.0 B6.1 B6.11 B6.2 B6.21 B6.22 B6.221 B6.222 B6.23 B6.24 B6.3 B6.31 B6.311 Title Downpayment Advance Deposits Periodic Payment Schedule Deposits for Charges Subject to Escalation Deposits When Payment Guaranteed Blanket Cash Deposits Extension Deposits Cooperative Deposits Temporary Reduction of Downpayment Refund of Excess Cash Refund after Scaling Completed Payment Guaranteed by Bond or Deposited Securities Blanket Bond Letters of Credit for Payment Bond Payments Not Received TRANSPORTATION FACILITIES Authorization Requirements of Rights-of-Way Use of Roads by Purchaser Specified Roads Engineering Contract Plans Construction Staking Material Delivery Use of Partially Constructed Roads Estimated Cost Construction Cost Adjustment Variation in Quantities Physical Change Design Change Alternate Facilities Temporary Credit for Unamortized Specified Road Construction Cost Road Maintenance Use by Others OPERATIONS Representatives Notices Improvements Removal Protection of Improvements Protection of Improvements Not Owned by Forest Service Protection of Property Protection of Land Survey Monuments Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources Control of Operations Operating Schedule Plan of Operations Page 117 117 117 117 117 117 117 118 118 118 118 118 118 118 118 119 119 119 119 119 120 120 120 121 121 121 121 121 121 122 122 123 123 123 123 123 124 124 124 124 124 124 124 125 125 125 125 Reference Number B6.312 B6.32 B6.33 B6.34 B6.341 B6.342 B6.35 B6.36 B6.361 B6.4 B6.41 B6.411 B6.412 B6.413 B6.414 B6.42 B6.421 B6.422 B6.423 B6.424 B6.5 B6.6 B6.61 B6.62 B6.63 B6.631 B6.64 B6.65 B6.66 B6.67 B6.7 B6.8 B6.81 B6.811 B6.812 B6.813 B6.814 B6.82 B6.83 B6.84 B6.841 B6.842 B6.85 B6.851 B6.86 B6.9 B7.0 B7.1 B7.2 B7.21 B7.22 B7.3 B7.31 B7.311 B7.312 Title Plan of Operations for Road Construction Protection of Residual Trees Safety Sanitation and Servicing Prevention of Oil Spills Hazardous Substances Equipment Cleaning Acceptance of Work Acceptance of Specified Roads Conduct of Logging Felling and Bucking Felling in Clearings Xxxxx Heights Bucking Lengths Limbing Skidding and Yarding Rigging Landings and Skid Trails Skidding on Roads Arches and Dozer Blades Streamcourse Protection Erosion Prevention and Control Meadow Protection Wetlands Protection Temporary Roads Temporary Roads to Remain Open Landings Skid Trails and Fire Lines Current Operating Areas Erosion Control Structure Maintenance Slash Disposal Scaling Scaling Services Scaling Location Scaling Adjustments Delayed or Interrupted Scaling Services Weighing Services Presentation for Scaling Scaling Other Products Accountability Route of Haul Product Identification Scaling Lost Products Scaling Lost Sample Loads Scale Reports Records FIRE PRECAUTIONS AND CONTROL Plans Fire Precautions Substitute Precautions Emergency Precautions Fire Control Purchaser’s Reinforcement Obligations Suspend Operations Personnel Page 125 126 126 126 126 126 126 127 127 127 127 128 128 128 128 128 128 128 128 128 128 128 128 129 129 129 129 129 129 129 129 129 129 129 130 130 130 130 130 130 131 131 131 131 131 132 132 132 132 132 132 132 132 132 132 132 Reference Number B7.313 B7.4 B7.41 B7.42 B7.43 B7.5 B7.6 B8.0 B8.1 B8.11 B8.12 B8.2 B8.21 B8.211 B8.212 B8.22 B8.221 B8.222 B8.23 B8.231 B8.3 B8.31 B8.32 B8.33 B8.34 B8.341 B8.342 B8.35 B8.36 B8.4 B8.5 B8.6 B8.61 B8.62 B8.63 B8.64 B8.65 B9.0 B9.1 B9.11 B9.12 B9.13 B9.2 B9.21 B9.22 B9.3 B9.31 B9.4 B9.5 B9.6 Title Equipment Fire Suppression Costs Operations Fire Negligent Fire Other Fires on Sale Area State Law Performance by Contractor OTHER CONDITIONS Title and Liability Title Passage Liability for Loss Period of Contract Contract Term Adjustment Delay in Reconstruction of Processing Facilities Market-Related Contract Term Addition Termination for Catastrophe Termination by Purchaser Termination by Forest Service Contract Term Extension Conditions for Contract Term Extension Contract Modification Changed Conditions Modification for Catastrophe Contract Suspension and Modification Contract Termination Termination by Forest Service Termination by Purchaser Out-of-Pocket Expenses Termination for Market Change Performance by Other than Purchaser Sale of Other Materials Provisions Required by Statute Covenant against Contingent Fees Officials Not to Benefit Nondiscrimination in Employment Debarment and Suspension Certification Contract Consistency With Other LawsPERFORMANCE AND SETTLEMENT Performance Bond Bond Reduction Letters of Credit Temporary Bond Reduction Disputes Time Limits for Submission of Claim Contract Documents Breach Termination for Breach Damages for Failure to Cut or Termination for Breach Settlement Contract Closure Page 000 000 000 132 133 133 133 133 133 133 133 133 133 134 134 134 134 134 134 134 135 135 135 135 135 136 136 137 137 137 138 138 138 138 138 138 139 139 139 139 139 139 139 140 140 140 140 141 141 141
AMENDMENT TO TERMS We may amend the Terms of this Agreement at any time by giving You fourteen (14) days’ notice in writing. If You do not agree to the amended terms, You may cancel this Agreement from the date when the new terms would otherwise take effect.
Penalties for Non-compliance to Service Level Agreement Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .
TERMS OF AGREEMENT In consideration of the mutual representations, warranties, covenants and agreements contained herein, the parties hereto agree as follows:
Notification of Modifications of Licensed Materials From time to time Publisher may add, change, or modify portions of the Licensed Materials, or migrate the Licensed Materials to other formats. When such changes, modifications, or migrations occur, the Licensor shall give notice of any such changes to Licensee as soon as is practicable, but in no event less than sixty (60) days in advance of modification. Such a notice may also be given directly by the Publisher to the Licensee. If any of the changes, modifications, or migrations renders the Licensed Materials substantially less useful to the Licensee, the Participating Institutions or their Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below.
