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
Notice to Terminate Notify Seller in writing that this Contract is terminated; or
Notice of Intention to Terminate 94) The Secretary of State may at any time give written notice of his intention to terminate this Agreement where the Chief Inspector gives notice to the Academy Trust in accordance with section 13(3) of the Education Xxx 0000 stating that in the Chief Inspector’s opinion –
Right to Terminate Either Party may unilaterally terminate this Annex by providing thirty (30) calendar days written notice to the other Party.
Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.
Your Right to Terminate You may also terminate this Client Agreement or close your Account at any time by giving us written notice. Your Account will be closed as soon as reasonably practicable after we have received notice, all open Contracts are closed, Orders are cancelled, and all of your obligations are discharged.
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.
Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. STATUTORY REQUIREMENTS Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to xxxx@xxxx-xxx.xxx Insurance Requirements The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Umbrella Liability $1,000,000 When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Special Terms and Conditions • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- xxx.xxx. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award.
Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.
Our Right to Terminate We may terminate this Client Agreement and close your Account and any Position at any time by giving you thirty (30) days’ written notice. This right is in addition to any other rights to terminate this Client Agreement or close your Account that we may have under this Client Agreement.
