General Miscellaneous Clause Samples

General Miscellaneous. (Section C of the JOC Special Provisions).

General Miscellaneous. 11.1. INDEPENDENT RELATIONSHIP The Parties are independent entities and are not and shall not be construed as joint venture parties, partners, employer/employee, or agents of the other, and neither shall have the power to bind or obligate the other, except as set forth in these General Conditions .

General Miscellaneous. This Agreement or any obligations hereunder shall not be subcontracted or assigned without the prior written consent of the other Party except to an affiliate or purchaser of MRMC. This Agreement shall be governed by and construed under the laws of the State of South Carolina and venue shall lie in Florence County. This Agreement may be amended only in writing signed by both Parties. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement constitutes the entire agreement of the Parties. All prior agreements between the Parties, whether written or oral, are merged herein and shall be of no force or effect. The paragraph headings used herein are for convenience only and shall not be used in the construction or interpretation of this Agreement. Any reference to the masculine, feminine, or neuter gender shall be deemed to include the other.

General Miscellaneous a. The University will develop a program for sharing best practices. b. The University will incorporate the requirements of sections III.A. and V.A. into existing training programs, with the aim of promoting and maintaining the goals of the Policy. c. The University planning and design process will include explicit consideration of life cycle cost along with other factors in the project planning and design process, recognizing the importance of long-term operations and maintenance in the performance of University facilities. d. The University will work closely with the USGBC, I2SL, the Department of Energy, the U.S. Environmental Protection Agency, state government, and other organizations to facilitate the improvement of evaluation methodologies to address University requirements.

General Miscellaneous. Recommendation: That the Board of Public Works approve use of general obligation bond funding proceeds for the following contracts totaling: $919,192. Authority: State Finance and Procurement Article, Annotated Code of Maryland, §8-301

General Miscellaneous. SECTION 13.01 TIME

General Miscellaneous. 15.1 No amendment, modification, termination or waiver of any provision of these Terms and Conditions or of any Agreement, and no consent to any departure by either its parties, shall under any circumstances be effective unless the same shall be in writing and signed by both parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Supplier in any event, case or occurrence, shall of itself entitle the Supplier to any other or further notice or demand in any similar or other circumstances. 15.2 The headings of the various provisions of these Terms and Conditions are solely for convenience and shall not be used for the purposes of interpreting the same. 15.3 If any provision hereof or any part of any provision is or is held by any competent court or authority to be invalid or unenforceable, such provision or part of any provision will be deemed severed and omitted, the remaining portions hereof continuing in full force and effect. If required, BMW and the Supplier shall replace such invalid or unenforceable provision with a valid and enforceable provision having similar economic consequences, provided that the content of the Terms and Conditions is not materially altered. 15.4 No course of dealings between the Supplier and BMW or any delay or omission of BMW to exercise any right or remedy granted under these Terms and Conditions or under the Agreement shall operate as a waiver of such rights, and every right and remedy of BMW provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity. 15.5 The Supplier agrees to permit BMW or its representatives to inspect all documents, instruments, books and records relating to any Agreement or the Goods and/or Services which are the subject of such Agreement during regular business hours upon forty-eight (48) hours notice. The Supplier agrees to maintain all such records for at least ten

General Miscellaneous. (a) This Contract may be executed in any number of counterparts all of which taken together constitute one instrument. (b) This Contract is governed by the law in force in New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this Contract. (c) Every phrase, sentence, paragraph and clause in this Contract is severable the one from the other notwithstanding the manner in which they may be linked together or grouped grammatically and if any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason whatsoever the remaining phrases, sentences, paragraphs or clauses as the case may be, shall be of full force and effect and continue to be of full force and effect. (d) No party will be deemed to have waived any right or remedy under this Contract unless that party has done so by written notice to the other party. (e) A variation of any term of this Contract must be in writing and signed by the parties. (f) Each party must, at its own expense, do all things and execute all documents necessary to give full effect to this Contract and the transactions contemplated by it. (g) Any clause within this Contract which by its nature should survive termination of this Contract will survive termination of this Contract. (h) An agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually. (i) An agreement, representations or warranty by two or more persons binds them jointly and each of them individually. (j) The Supplier is engaged as an independent contractor of Council and nothing in this Contract: (i) constitutes the parties as principal and agent, partners, joint venturers, or employer and employee; or (ii) gives a party authority to bind any other party in any way. (k) The Supplier must not (and must ensure that its Personnel do not) represent to any person that they are employees, agents, joint venturers, or partners of Council. (l) Unless expressly required by the terms of this Contract, a party is not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with this Contract. (m) A party may (without any requirement to act reasonably) impose conditions on the grant by i...

General Miscellaneous. A. In the event employee desires to undergo a stress cardiogram test and that the employee’s physician recommends that the same be completed, the Board will pay for the cost of such stress cardiogram and all follow-up cardiogram tests if deemed necessary by the employee’s physician only to the extent that the same are not covered by the employee’s medical insurance. The time required for testing will not be charged to the employee. B. This Agreement represents and incorporates the complete and final settlement by the parties of all issues which were or could have been the subject of negotiations. During the term of this Agreement neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not in the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement. C. This Agreement shall not be modified in whole or in part by the parties except by instrument in writing duly executed by both parties. D. If any provision or part thereof of this Agreement is held to be contrary to law, then such provision or part thereof shall not be further enforced except to the extent permitted by law, provided, however, all other provisions shall continue in full force and effect. E. A medical examination, in accordance with the requirements of N.J.S.A. 18A:16-2 and any regulations published pursuant thereto, is required of every employee on a staggered basis every three (3) years. In the event the examination is during school hours and the employee is a teacher, another teacher will cover any classes or duties of the teacher having the examination. Any other employee is expected to schedule the appointment during non school hours. ▇. An employee retiring during any school year must notify the Superintendent by November 30th of the prior school year of his or her intention in writing. If no such notification is made, the employee can still retire, but the benefits which should have been paid at retirement will be accrued and paid during the second year of the employee's retirement. G. Except as this Agreement shall otherwise provide, all terms and conditions of employment in effect on the effective date of this Agreement, as established by the administrative procedures, practices, rules and regulations in force on said date, shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained her...