Mandatory Terms Clause Samples

Mandatory Terms. Port KC shall not convey the Subject Property to a developer or otherwise authorize development of the same to commence unless the relevant agreements executed in conjunction therewith include the following special terms: A. Any development must include not less than one hundred sixty (160) parking stalls, with one hundred and forty (140) stalls within a structured parking facility to be constructed by the Developer on the Subject Property and twenty (20) stalls in the right-of-way along Main Street sufficiently close to service the City Market; such spaces shall be dedicated to transient public parking for a period of not less than twenty-five (25) years (the “Public Parking”). Developer shall bear all management, operations and maintenance costs of the Public Parking. Developer may impose charges for the use of the Public Parking, but such charges shall not exceed the rates charged by the Developer to its tenants, if converted to a short-term use on an hourly basis, unless otherwise agreed to by the City. Port KC shall, either as part of a development agreement or as an independent parking agreement for the Subject Property, ensure that the Public Parking remain transient public parking for not less than twenty-five (25) years. Such development agreement or parking agreement shall define the standards by which the Public Parking will be managed, operated, and maintained for the duration of the Public Parking obligation. Said development or parking agreement shall provide that the Public Parking will not be used by tenants or employees of the Developer but shall provide a right of first refusal to those neighboring business currently renting parking stalls at the Subject Property on a long-term basis to retain a substantially similar number of stalls as part of the Public Parking so that they have the opportunity to elect to preserve their long-term parking prior to the Public Parking being made available to the general public on a first-come- first-served basis. Port KC shall provide the City a copy of said development agreement or parking agreement no less than twenty-one (21) days before execution of the agreement. B. The Developer shall be obligated to tender the purchase price for the Subject Property to Port KC at such time as the Subject Property is conveyed to the developer. Port KC shall hold the purchase proceeds and utilize the same to offset the construction of the Public Parking through a single disbursement to the developer or such third par...

Mandatory Terms. To the extent Licensee provides an Application-based product or service to any End User, Licensee shall ensure that the terms of Licensee’s end user or other agreement with each End User are at least as protective of Neo4j as the terms of this Agreement, including, without limitation, Sections 2(d) (Restrictions), 2(e) (Proprietary Rights), 2(f) Third Party Software, 5(b) (Feedback), 6(c) (Disclaimer of Warranties), 7 (Indemnification), and 8 (Limitation of Liability) (collectively, the “Mandatory Terms”). If Licensee makes any claim, representation or warranty regarding the Software that is different from or in addition to those set forth in this Agreement, Licensee shall be solely and exclusively responsible for such claim, representation or warranty and Neo4j shall have no liability for any such claim, representation or warranty. As between Neo4j and Licensee, Licensee is responsible for all acts and omissions of its End Users in connection with their use of any Application-based product or service and Licensee will reasonably cooperate with Neo4j in connection with any prohibited activities of any End User in connection with the Software and Licensee will promptly notify Neo4j if Licensee becomes aware of any such prohibited activities.

Mandatory Terms. Each option agreement shall contain such provisions as the Board or the Committee shall from time to time deem appropriate, and shall include provisions relating to the method of exercise, payment of exercise price, adjustments on changes in the Company's capitalization and the effect of a merger, consolidation, liquidation, sale or other disposition of or involving the Company. Option agreements shall include the following provisions:

Mandatory Terms. A. The University is not bound by the actions of Company with respect to third parties. The Company is not a division or agent of the University B. The Company agrees that in the performance of this Agreement neither the Company nor any employee of the Company shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by this Agreement. The University reserves the right to request a copy of the Company’s Drug Free Workplace Policy. The Company further agrees to insert a provision similar to this statement in all subcontracts for services under this Agreement. C. State Universities have established equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and prohibit discrimination based on race, creed, color, sex, age, national origin, marital status, or religion. The Company commits to the following: 1. The provisions of Executive Order 11246, “Equal Employment Opportunity,” September 24, 1966, and the rules, regulations, and relevant orders of the Secretary of Labor are applicable to this Agreement. 2. The Company has attached a complete certificate of non-segregated facilities to its proposal response. 3. If the Company expects to receive $50,000 in orders during the first 12 months of this Agreement and employs more than 50 people, standard form 100 (EEOO- 1) must be filed prior to March 1 of each year. 4. If the Company expects to receive $50,000 in orders during the first 12 months and employs more than 50 people, a written program for affirmative action compliance must be maintained by the Company, subject to review upon request by the University. 5. The Company is solely responsible for complying with all laws, ordinances, and regulations including but not limited to, those relating to taxes, licenses, and permits, as they may apply to any matter under this Agreement. The Company must demonstrate that it is duly licensed by applicable regulatory bodies during the performance of this Agreement. Prior to the commencement of this Agreement, the Company shall provide evidence of licensing as may be requested by the University. Company shall, at no expense to the University, procure and keep in force during the entire period of this Agreement all applicable permits and licenses. 6. All books, accounts, reports, files and other records of Company that relate to this Agreement are subject at all reasonable times to...

Mandatory Terms. Developer is the licensor of the Development Application and Hilti is not a party to the Developer Terms.

Mandatory Terms. Any development undertaken by Developer on the Subject Property, or by another entity at the direction of Developer, shall comply with the following: A. The Developer shall be required to ensure that all development occurring on the site will be in compliance with historic preservation requirements as identified by the City’s Landmarks Board and the Secretary of the Interior’s Standards for Historic Preservation B. Notwithstanding anything in this Agreement to the contrary, any and all Incentives that may be extended to the Development Project shall be subject to City Council Ordinances 160383 and 201038, which may require a qualified financial analysis that measures the impact to the taxing jurisdictions. C. The Developer shall be obligated to comply with all City policies applicable to the construction of improvements including, without limitation, M/WBE and Construction Workforce requirements, bonding, prompt pay, OSHA 10-hour certifications, E-Verify, public competitive procurements and, prevailing wage. D. The Developer shall comply with any reasonable request from the City to show compliance with the requirements of this agreement.

Mandatory Terms. Each option agreement shall contain such provisions as the Board or the Committee shall from time to time deem appropriate, and shall include provisions relating to the method of exercise, payment of exercise price, adjustments on changes in the Company's capitalization and the effect of a merger, consolidation, liquidation, sale or other disposition of or involving the Company. Option Agreements shall clearly identify whether the option is an Incentive Option or a Non-statutory Option and if an Incentive Option, explicitly state that such Option is only exercisable by the Optionee during his lifetime. Option agreements need not be identical, but each option agreement by appropriate language shall include the substance of all of the following provisions:

Mandatory Terms. For the avoidance of doubt, references to ‘the Agreement’ mean the attached Call-Off Contract between the Supplier and the Customer. References to ‘the Customer’ mean ‘the Buyer’ (the Commissioners for Her Majesty’s Revenue and Customs).

Mandatory Terms. The consultation term located at clause 11 of the Agreement does not allow for representation as required by s 205(1) and (1A) of the Act. If the Agreement is approved, the model consultation term will be incorporated into the Agreement. Please note you are not required to take any action in relation to this issue unless you object to the incorporation of the model consultation term. QUT accepts that clause 11 does not expressly provide for representation in relation to consultation on change which has significant consequences. Accordingly it does not object to the incorporation of the model consultation term. It is noted, however, in respect of section 205(1A) of the Fair Work Act 2009 (Cth), clause 30 of the Agreement provides for consultation (and representation for that consultation) in respect of a proposed change to a staff member's regular roster or ordinary hours of work and is consistent with section 205(1A). Span of Hours Clause 27.2 of the Agreement deals with span of daily hours. It provides that the ordinary hours can be worked within an “open span” by the Library Staff/ Book Shop Staff, QUT Precinct Staff and Demonstrators/Instructors. Clause 21 of the Higher Education Industry (General Staff) Award 2010 (Award) provides a daily span of 8:00am – 6:00pm for PACCT staff. The Deputy President notes the increased span of hours for retail staff under the Award. The Deputy President is concerned that employees may not be better off overall if regularly working outside of the span provided in the Award which would otherwise be paid at overtime rates. In respect of Library Staff/Book Shop Staff and Demonstrators/Instructors, QUT proposes the attached undertaking. In respect of QUT Precinct staff, clause 21.5 of the Agreement ensures that these staff remain better off overall under the Agreement. Weekend Penalties Clause 29.1.4 and 29.2.2 of the Agreement appear to provide that full-time, part-time and casual QUT Precinct staff will be paid ordinary rates for work performed on a Saturday or Sunday. Clause 29.1 of the Award provides that where an employee works on a Saturday, a penalty of 150% will apply, and where an employee works on a Sunday a penalty of 200% will apply. The Deputy President is concerned that some QUT Precinct staff may not be better off overall if regularly working shifts on a Saturday or Sunday. The rosters of QUT Precinct staff are managed to avoid regular shifts on a Saturday and Sunday and Clause 21.5 of the Agreement otherwise...