Location of Services The Purchaser’s data shall remain within the continental United States at all times and on computing and data storage devices residing therein. Contractor’s services shall be subject to the United States legal jurisdiction.
Limitation of Services ACCOUNT CLOSURE You must remain a member in good standing. The Credit Union may close your account(s) at any time, with or without cause, including, without limitation, causing a loss to us, for security reasons, or for any reason as allowed by applicable law. Once your account(s) is closed, we have no obligation to accept deposits or pay outstanding items. You agree to hold us harmless, and we will not be liable for any loss or damage resulting from the termination of your account(s). The closing of your account(s) will not release you from any fees or other obligations incurred prior to the date the account(s) is closed. LIMITATION OF SERVICES We are committed to providing exceptional products and services in a professional and safe atmosphere for our members and employees. Our Limitation of Services policy defines circumstances in which services may be restricted or limited. The policy is not intended to restrict or deny rights to any particular group, but is intended to protect the staff, members, officials and property of the Credit Union. Members who engage in abusive, threatening, disruptive, obscene, fraudulent, illegal, dishonest or harassing behavior or who choose to use profane and/or intimidating language on Credit Union premises toward our employees, members, volunteers, or officials will be subject to (i) denial of Credit Union services other than the right to maintain a share account and the right to vote at annual and special meetings , (ii) denial of Credit Union services which involve personal contact with employees, volunteers or officials, (iii) denial of access to any Credit Union property and (iv) any other action deemed necessary under the circumstances, in the sole discretion of the Credit Union, that is not expressly precluded by applicable federal and state laws. You acknowledge and agree that any threats of bodily harm or any other illegal activity against any Credit Union employee, volunteer or other member will be reported to appropriate federal, state and/or local authorities. In the case of continued abusive behavior or an extremely abusive incident, you acknowledge and agree that you may be subject to expulsion from the Credit Union at a special meeting of the members or at the next annual meeting of the membership. These limitations will not prohibit you from exercising your rights under federal or state law or regulation. You acknowledge that we may be obligated to report cases of actual or suspected financial abuse of elders or dependent care adults. If we suspect such financial abuse, you understand and agree that, in addition to reporting such abuse as may be required under applicable law, we have the right to restrict access to the account, refuse to complete transactions on the account, or to take any other action(s) that we deem appropriate under the circumstances. You agree to indemnify and hold us harmless from and against any and all claims, damages, losses, liabilities, expenses, and fees (including reasonable attorneys’ fees), arising out of or related to any action or inaction related to the matters described in this paragraph. Restrictions or suspensions of accounts, products, and/or services will be reasonably related to the nature of your conduct. This policy will also apply to joint owners and authorized users of accounts, products, and services. When you are delinquent on a loan or have caused the Credit Union a loss, we may deny your subsequent application for any new product or service that would allow you to obtain further credit from the Credit Union or cause us a further loss. For your safety, you may be asked to remove your hat, sunglasses, or any other item that may conceal your identity. We ask that you refrain from carrying weapons of any kind on to the Credit Union’s property and facilities.
Substitution of Key Personnel Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: ▇▇▇▇▇ ▇▇▇▇▇.
Duration of Services The obligation of GGP to perform any individual Service described in or contemplated by this Section A shall terminate upon the earliest to occur of (a) ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) five days following written notice of termination of such Services by Spinco to GGP and (c) the applicable termination date pursuant to Article IX of the Agreement. GGP agrees to use appropriate and reasonable efforts, as mutually agreed upon by the parties and at Spinco’s cost, to (i) ensure that any terminated Service is integrated into Spinco’s broader business processes and/or (ii) complete any individual Service in this Section A requested by Spinco prior to the termination described in the prior sentence.
Cancellation of Services (a) ARTC will request the HVCCC to inform ARTC on a weekly basis of the total number of cancelled services assigned to the Access Holder in the previous week by the Live Run Superintendent Group, as collated and reported by the HVCCC, and whether the total number of cancellations assigned to the Access Holder in that week has had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder in that week.
(b) To avoid doubt, the number of cancelled services assigned to the Access Holder, as collated and reported by the HVCCC, may include cancellations of services scheduled to be used or operated by or on behalf of another access holder where the cancellation was assigned to the Access Holder by the Live Run Superintendent Group.
(c) If ARTC is informed by the HVCCC that the cancellations in clause 11.6(a) have had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder, then ARTC may remove Path Usages from the Access Holder’s Base Path Usages in the Period immediately following the Period in which the cancellations had an impact on Capacity, Coal Chain Capacity, or the contractual entitlement of another access holder.
(d) If Base Path Usages are removed in accordance with this clause 11.6(c), ARTC will delete the number of removed Path Usages from the Access Holder’s Annual Contracted Path Usages in the relevant Train Path Schedule by notice to the Access Holder. To avoid doubt, a cancellation or a reduction of Path Usages made available to the Access Holder as a result of a Capacity Shortfall under clause 6 will not constitute a cancellation under this clause 11.6.
(e) The number of Path Usages to be removed from the Access Holder under
(i) in respect of the number of cancellations assigned to the Access Holder due to a single event be no more than two; and
(ii) in total will be no more than the number of cancellations reported in clause 11.6.
(f) If ARTC is informed by the HVCCC that the cancellations reported in this clause 11.6 have had, in the reasonable opinion of the HVCCC, an impact on Capacity, Coal Chain Capacity or the Capacity entitlement of another access holder, but ARTC has not removed Base Path Usages from the Access Holder, then ARTC will provide written reasons for its decision not to remove Base Path Usages from the Access Holder to:
(i) the HVCCC; or
(ii) if requested, the Access Holder where it is not a member of the HVCCC, subject to any confidentiality restrictions, within 10 Business Days of making that decision.
(g) To avoid doubt, the Access Holder’s obligation to pay TOP Charges will be unaffected by the removal of Base Path Usages under this clause 11.6.
(h) Clause 14 does not apply to any determination by ARTC under this clause 11.6.
(i) In exercising its rights under clause 11.6, ARTC is entitled to rely on information provided by, and the recommendations and opinions of, the HVCCC.
(j) This clause 11.6 is subject to any changes arising from the review under section 5.8 of the Access Undertaking.