Both Parties agree Clause Samples

Both Parties agree. A. that The Provider shall retain full control and discretion as to the appointment or removal of any staff member employed by The Provider. The Board may report to The Provider any employee who is deemed by The Board to be performing in a manner incompatible with the provisions of this program. B. there will be no cost to The Board for The Provider’s provision of services hereunder. C. to the attached addendum, which provides specific details of this Vocational Instructional Program Agreement. D. that The Provider is at all times acting and performing as an independent contractor in the performance of all obligations hereunder. E. this Agreement shall be governed and construed in accordance with the laws of the State of Florida, and sole and exclusive jurisdiction for any action shall be in the Twelfth Judicial Circuit in and for Sarasota County, Florida. F. any previous agreements between the parties for the provision of vocational/community based instructional programs are hereby superseded and terminated.

Both Parties agree a. Upon termination of this Agreement any remaining property, materials, or equipment belonging to the Department will be accounted for and disposed of by the Public Entity as directed by the Department. b. Any unexpended or unencumbered balance from the Local Government Road Fund appropriated for this project reverts to the Department. These balances, if any, must be reimbursed to the Department within thirty (30) calendar days of project completion or expiration of this Agreement, whichever occurs first. c. This Project is not being incorporated into the State Highway System and the Department is not assuming maintenance responsibility or liability. d. Pursuant to ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇-▇-▇▇.▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Funds granted under this provision cannot be used by the Public Entity to meet a required match under any other program. e. The provisions of the Local Government Road Fund Project Handbook (Current Edition), are incorporated by reference and control the contractual rights and obligations of the parties unless in conflict with the specific terms expressed in this Agreement or any amendments.

Both Parties agree. 1. The parties hereby acknowledge that they are independent contractors, and neither University of Florida nor any of its agents, representatives, students, or employees shall be considered agents, representatives, or employees of Interpreter. In no event shall this MOA be construed as establishing a partnership or joint venture or similar relationship between the parties. University of Florida shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No party shall have the right or authority nor hold itself out to have the right or authority to bind another party and neither shall either Party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. 2. Nothing in this MOA, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this MOA, or any term, covenant or condition hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. 3. Upon execution of the MOA, UF NCES shall list the Interpreter as an authorized Part C Interpreter and shall make payments to Interpreter as specified in Section IV of this MOA. Payment is contingent upon continued funding under the Prime Contract between the University of Florida and the FLDOH-CMS. 4. Should funds for the Prime Contract become unavailable, UF NCES will provide written notice of termination to Interpreter by certified mail, return receipt requested, within twenty-four (24) hours (or next business day) of receiving notification from FLDOH-CMS. 5. Unless the Interpreter’s breach is waived by the UF NCES in writing, UF NCES may, by written notice to the Interpreter, terminate this MOA after no less than twenty-four (24) hours’ notice. Said notice shall be delivered by certified mail, return receipt requested or in person, with proof of delivery. Waiver of breach of any provision of this MOA shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this MOA. 6. This MOA is effective upon the signature of both parties and will expire on June 30, 2025. Notwithstanding Sections IV.4 or IV....

Both Parties agree. A. To keep channels of communication open for discussion of matters of common concern. B. Timely, written communication to each other in regards to significant changes throughout the year. These may include, but are not limited to, changes in United Way policies and procedures, changes in Agency leadership, organizational status or financial status, program changes etc. C. Recognize the need for full accountability to the donors contributing to United Way of Central Kentucky ▇. ▇▇ participate in a collaborative effort to promote the United Way system. E. To promote effective service and efficient administration. F. Operate without discrimination on the basis of race, religion, sex, ethnic origin, age, or disability.

Both Parties agree. That the first two one-year contracts with a parish/school are collectively deemed to constitute a two-year probationary period, and either contract can be terminated by the employer with or without cause at any time during such period.

Both Parties agree a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall b...

Both Parties agree a. The allowable costs of this Project shall not include costs determined by the Department to be ineligible for consideration under the Aviation Act. b. The expenditure of any State money is subject to approval by the Department. c. Funds granted under the Local Governments Road Fund, NMSA 1978 Section 67-3-28.2, shall not be used to administer this Project or used to meet the local match.

Both Parties agree a. Upon termination of this Agreement any remaining property, materials, or equipment belonging to the Department will be accounted for and disposed of by the Public Entity as directed by the Department. b. Any unexpended or unencumbered balance from the Local Government Road Fund appropriated for this Project reverts to the Department. These balances, if any, must be reimbursed to the Department within thirty (30) calendar days of project completion or expiration of this Agreement, whichever occurs first. c. This Project is not being incorporated into the State Highway System and the Department is not assuming maintenance responsibility or liability. d. Pursuant to NMSA 1978, Section 67-3-28.2, Local Government Road Funds granted under this provision can not be used by the Public Entity to meet a required match under any other program. e. The provisions of the Local Government Road Fund Project Handbook (Current Edition), are incorporated by reference and control the contractual rights and obligations of the parties unless in conflict with the specific terms expressed in this Agreement or any amendments.

Both Parties agree a. Upon termination of this Agreement any remaining property, materials, or equipment belonging to the Department will be accounted for and disposed of by the Public Entity as directed by the Department. b. Unless otherwise indicated in a letter of authorization, the Project will not be incorporated into the State Highway System and the Department is not assuming maintenance responsibility or liability. c. Pursuant to NMSA 1978, Section 67-3-78, Transportation Project Funds granted under this provision cannot be used by the Public Entity to meet a required match under any other program. d. The requirements of 18.27.6 NMAC are incorporated by reference. e. The inability to properly complete and administer the Project may result in the Public Entity being denied future grant funding.