Material Terms Backstop and Option Clause Samples
Material Terms Backstop and Option
Supplemental Terms and Conditions If any provision contained in this Supplemental Terms and Conditions is in conflict with, or inconsistent with the Health and Human Services (HHS) Contract Affirmations, HHS Uniform Terms and Conditions, or HHS Additional Provisions, the provision contained in those documents shall prevail. If any provision contained in this Supplemental Terms and Conditions is in conflict with, or inconsistent with the Substance Use Disorder Utilization Management Guidelines (UM), the provision contained in the UM shall prevail.
SETTLEMENT TERMS AND CONDITIONS Without admitting or denying the Department’s findings, RBI is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. RBI agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations of the Banking Board; and b. ensuring that its advertisements do not mislead consumers as to the identity of the party offering credit; and c. clearly identifying itself by name and an approved office address located in New York in any advertisement targeted to New York consumers; and d. ensuring that its advertisements do not mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and e. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly, and conspicuously all material information. 2. RBI agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters; and (ii) establish a training program to ensure that RBI and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within ninety (90) days from the effective date of this Agreement, RBI agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within one hundred twenty (120) days from the effective date of this Agreement, RBI agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of RBI indicating his/her approval of such policies and procedures. 5. RBI further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. RBI agrees to pay a fine of $ 7,500 payable in ten (10) equal monthly installments as follows: $750 upon execution of this Agreement, and $750 each on or before the 15th day of each consecutive month for the following nine (9) months. 7. RBI further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.
Extended Terms The Term of this Agreement may be extended by the Manager if the Resident applies in writing for an “Extension” in accordance with the Managers published policies about Term Extensions. Extensions are subject to availability. Priority will be given to Residents travelling from great distances, who demonstrate a special need, or who are enrolled in orientation or academic programs that begin early or continue beyond the Residence Term. Extensions may also be granted for any ‘Early Move-In’, ‘Late Move-Out’ or ‘Summer Residence’ programs offered by the Manager. Residents granted Extensions are subject to the fees detailed in Table 3. Any Resident found occupying a Room outside of the Term without approval from the Manager are subject to additional fees over and above those detailed in Table 3. Summer Semester 2020 N/A N/A $35.00/Day Academic Year 2020-2021 N/A N/A $35.00/Day Winter Semester 2021 N/A N/A $35.00/Day
Special Terms and Conditions It is the intent of TIPS to award to reliable, high performance vendors to supply products and services to government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the successful vendor.
Confidential Terms and Conditions; Publicity Licensee shall not disclose the terms and conditions of this Agreement or the pricing contained herein to any third party. Neither party shall use the name of the other party in publicity, advertising, or similar activity, without the prior written consent of the other, except that Licensee agrees that SAP and its affiliated companies may use Licensee's name in customer listings or, at times mutually agreeable to the parties, as part of SAP's marketing efforts (including without limitation reference calls and stories, press testimonials, site visits, SAPPHIRE participation). SAP will make reasonable efforts to avoid having the reference activities unreasonably interfere with Licensee's business. Licensee agrees that SAP may share information on Licensee with its affiliated companies for marketing and other business purposes and that Licensee has secured permission from its employees to allow SAP to share business contact information with its affiliates.