Changes to Agreement We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. However, for all changes to this Agreement, excluding Specifications and Guidelines, we will post a notice of change for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. 11) Prime Publishing Intellectual Property. Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, trade dress, or copyrighted material, in any manner. 12) Communications. Prime Publishing and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the web sites of Prime Publishing or its Affiliates or by any other means. 13) Waiver. PRIME PUBLISHING AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. 14) Disclaimer. PRIME PUBLISHING PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND. 15)
Changes to Specifications All Specifications and any changes thereto agreed to by the parties from time to time shall be in writing, dated and signed by the parties. Any change to the Packaging process shall be deemed a Specification change. No change in the Specifications shall be implemented by PCI, whether requested by Client, requested by PCI or requested or required by any Regulatory Authority, until the parties have agreed in writing to such change, the implementation date of such change, and any increase or decrease in costs, expenses or fees associated with such change (including any change to Pricing). PCI shall respond promptly to any request made by Client for a change in the Specifications, and both parties shall use commercially reasonable, good faith efforts to agree to the terms of such change in a timely manner. As soon as possible after a request is made for any change in Specifications, PCI shall notify Client of the costs associated with such change and shall provide such supporting documentation as Client may reasonably require. Client shall pay all costs associated with such agreed upon changes. If there is a conflict between the terms of this Agreement and the terms of the Specifications, this Agreement shall control. PCI reserves the right to postpone effecting changes to the Specifications, or in the case of changes requested or required by any Regulatory Authority postpone Packaging under this Agreement, until such time as the parties agree to and execute the required written amendment.
Changes to Fee Structure In the event of Listing, the Company and the Advisor shall negotiate in good faith to establish a fee structure appropriate for a perpetual-life entity.
NO ATTACHMENT (a) Except as required by law, no right to receive payments under this Agreement shall be subject to anticipation, commutation, alienation, sale, assignment, encumbrance, charge, pledge, or hypothecation, or to execution, attachment, levy, or similar process or assignment by operation of law, and any attempt, voluntary or involuntary, to affect any such action shall be null, void, and of no effect.
Changes to Services The Parties acknowledge and agree that there will be changes to the scope of the Services during the Contract Period. The Customer may amend the Stories that are comprised within the Minimum Marketable Features of a Release at any time during the Release at no additional charge and without adopting the Change Control Procedure set out in Clause 28 above provided that: the Customer shall not be entitled to make any changes to the Stories that form the subject of a Sprint following the mutual agreement by the Parties of the Sprint Plan for that Sprint; new Stories and/or changes to existing Stories may only be introduced if: existing Stories with an equivalent number of Story Points are removed; or existing Stories are reduced in size by the equivalent number of Story Points, such that the total number of Story Points for the Release remains constant throughout the Release. The Supplier shall consider any request by the Customer to increase the number of Story Points for a Release, and may, subject to the Change Control Procedure set out at Clause 28, agree to such request.
LIST OF ATTACHMENTS Attachment 1: Acronyms and Abbreviations Attachment 2: Cost/Price – Government Site (Contractor’s Cost/Price- Government Site – Contractor’s Proposal dated 11/17/06 is incorporated herein by reference.) Attachment 3: Cost/Price – Contractor Site (Contractor’s Cost/Price-Contractor Site – Contractor’s Proposal dated 11/17/07 is incorporated herein by reference.) Attachment 4: Labor Category Descriptions Attachment 5: Federal Enterprise Architecture/Department. of Defense Enterprise Architecture Overview Attachment 6: Past Performance Tables (Not Applicable) (END OF SECTION J) SECTION J ATTACHMENT 1 ACRONYMS AND ABBREVIATIONS ACO Administrative Contracting Officer ADR Alternative Dispute Resolution ATM Asynchronous Transfer Mode CAF Contract Access Fee CAS Cost Accounting Standards CAV Contractor Assisted Visits CCR Central Contractor Registration CDA Contract Disputes Act of 1978 CFE Contractor Furnished Equipment CLIN Contract Line Item Number CO Contracting Officer CONUS Continental United States COR Contracting Officer’s Representative COTR Contracting Officer’s Technical Representative CPS Contractor Performance System CRM Customer Relationship Management CSO Cognizant Security Office D&F Determination and Findings DBA Xxxxx Xxxxx Act DCAA Defense Contract Audit Agency DCMA Defense Contract Management Agency DOL Department of Labor DPA Delegation of Procurement Authority DSL Digital Subscriber Line DUNS Data Universal Numbering System EAI Enterprise Application Integration EDI Electronic Data Interchange EEO Equal Employment Opportunity EFT Electronic Funds Transfer eSRS Electronic Subcontracting Reporting System EVMS Earned Value Management System FEA Federal Enterprise Architecture; also Department of Defense Enterprise Architecture (DoDEA). FAS Federal Acquisition Service FOIA Freedom of Information Act FPDS-NG Federal Procurement Data System-Next Generation FTP File Transfer Protocol FTR Federal Travel Regulations G&A General and Administrative GFE Government Furnished Equipment GFM Government Furnished Material GFP Government Furnished Property GPS Global Positioning Systems GSA General Services Administration GWAC Government Wide Acquisition Contract HCA Head of Contracting Activity HTTP HyperText Transfer Protocol ITMRA Information Technology Management Reform Act J&A Justification and Approval JTR Joint Travel Regulations L-H Labor Hour MA/IDIQ Multiple Award Indefinite-Delivery Indefinite-Quantity MOM Messaging-Oriented Middleware MOU Memorandum of Understanding MPIN Marketing Partner Identification Number NAICS North American Industrial Classification System OCI Organizational Conflict of Interest OCO Ordering Contracting Officer OCONUS Outside of Continental United States OCR Optical Character Recognition ODBC Open DataBase Connectivity ODC Other Direct Cost OLAP OnLine Analytical Processing OMB Office of Management and Budget ORB Object Request Broker ORCA Online Representations and Certifications Application PBSOW Performance-Based Statement of Work PCO Procuring Contracting Officer PMO Program Management Office POC Point of Contact PPIRS Past Performance Information Retrieval System PWS Performance Work Statement QASP Quality Assurance Surveillance Plan RADIUS Remote Authentication Dial-In User Service RDF Resource Description Framework RFP Request for Proposal SCA Service Contract Act SMTP Simple Mail Transfer Protocol SOAP Simple Object Access Protocol SOO Statement of Objectives SOW Statement of Work SRM Service Component Reference Model SQL Structured Query Language T&M Time & Materials TOR Task Order Request TRM Technical Reference Model UDDI Universal Description, Discovery and Integration VPN Virtual Private Network VSC Vendor Support Center WSDL Web Services Description Language XML EXtensible Markup Language FORMS DD254 Contract Security Classification Specification GSA 527 Contractor’s Qualifications and Financial Information (END OF SECTION J, ATTACHMENT 1) SECTION J ATTACHMENT 4 LABOR CATEGORY DESCRIPTIONS Knowledge/Skill Levels: Many functional labor categories below (marked with “#”) are further subdivided by knowledge/skill level. Definitions of these knowledge/skill levels are shown in this chart: Level Knowledge/Skill Description Entry-Level Applies fundamental concepts, processes, practices, and procedures on technical assignments. Performs work that requires practical experience and training. Work is performed under supervision. Journeyman Possesses and applies expertise on multiple complex work assignments. Assignments may be broad in nature, requiring originality and innovation in determining how to accomplish tasks. Operates with appreciable latitude in developing methodology and presenting solutions to problems. Contributes to deliverables and performance metrics where applicable. Senior Possesses and applies a comprehensive knowledge across key tasks and high impact assignments. Plans and leads major technology assignments. Evaluates performance results and recommends major changes affecting short-term project growth and success. Functions as a technical expert across multiple project assignments. May supervise others. Master Provides technical/management leadership on major tasks or technology assignments. Establishes goals and plans that meet project objectives. Has domain and expert technical knowledge. Directs and controls activities for a client, having overall responsibility for financial management, methods, and staffing to ensure that technical requirements are met. Interactions involve client negotiations and interfacing with senior management. Decision making and domain knowledge may have a critical impact on overall project implementation. May supervise others. The “G” in the labor identification (ID) numbers below indicate Government-Site Work (see Section J, Attachment 2). The “C” in the labor ID numbers below indicate Contractor-Site Work (see Section J, Attachment 3). Administration/Clerical (101G# and 101C#)
Changes, etc This instrument and the provisions hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.
Changes to Parties 22 CHANGES TO THE LENDERS
Additional Provisions Relating to Customer 6.1 Representations of Customer and Bank
Changes, Waivers, Etc Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.
