TERMS AND CONDITIONS INCORPORATED BY REFERENCE Clause Samples
The "Terms and Conditions Incorporated by Reference" clause establishes that certain terms, conditions, or documents not physically included in the main contract are nonetheless legally binding as if fully set forth within it. This typically works by referencing external documents, such as standard terms on a website or separate policy documents, which the parties agree to follow without restating them in the contract itself. The core function of this clause is to streamline agreements by avoiding repetition and ensuring that all relevant provisions apply, thereby reducing ambiguity and ensuring comprehensive coverage of the parties' obligations.
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TERMS AND CONDITIONS INCORPORATED BY REFERENCE. Contractor agrees to be bound by the policies, requirements, practices, and procedures set forth in the LSS Deskbook previously provided to it. The terms and conditions in those documents, as from time to time amended, modified or changed, are incorporated herein by reference. However, provisions in this Agreement have priority in interpretation over contrary provisions asserted in the LSS Deskbook, in which case the provision in this Agreement shall be binding.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. At the time of award, all activities under this Cooperative Agreement (CA) are subject to NSF's Cooperative Agreement Financial and Administrative Terms and Conditions (CA-FATC) and the Cooperative Agreement Supplemental Financial and Administrative Terms and Conditions for Managers of Federally Funded Research and Development Centers (SFATC-FFRDC). The CA-FATC and SFATC-FFRDC were updated January 25, 2016 and are hereby incorporated by reference. The CA-FATC and SFATC-FFRDC are available at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/awards/managing/co-op_conditions.jsp
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. The following terms and conditions set forth in that certain Full-Time Transponder Service Agreement for Data Service Delivery (Pre-Launch) (the "Transponder Service Agreement"), entered into on the 18th day of August, 1994, as amended, are incorporated by reference and made applicable, in context, to this Agreement, except insofar as such provision may be in conflict with the terms and conditions expressly stated above, in which case the terms and conditions of this Agreement shall govern: Sections 1.3 (Usage), 1.4 (Transmission Plan), 3.3 (Manner of Payment), 3.4 (Late Payment), Article 4 (Customer's Obligations in Using the Service), Article 5 (Outages), Article 6 (Preemptive Rights), Article 7 (Termination) (except Section 7.4), Article 8 (Force Majeure), Article 9 (Limitation of Liability and Indemnification), Article 10 (except Sections 10.2 and 10.2A shall apply only to the PAS-3 Capacity), Article 11, Article 12, Section 13.1 (as to the PAS-3 Capacity only), Sections 13.2 and 13.3, and Article 14. References in the Transponder Service Agreement to Appendix B (Description of Satellite) and Appendix C (Service Specifications) shall, in the context of the PAS-5 Service be deemed to be references to Appendix B-1, and in the context of the PAS-3 Capacity, be deemed to be references to Appendix B-2, attached hereto. References in the Transponder Service Agreement to Appendix D (Operational Requirements) shall be deemed to be references to Appendix C hereto. Notwithstanding anything to the contrary in Section 12.3(b) of the Transponder Service Agreement, the Service may be used for U.S. domestic communications.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. This document incorporates Federal Acquisition Regulation (FAR) or Department of Energy Acquisition Regulation (DEAR) clauses by references with the same force and effect as if they were included in full text. All of these clauses may be found in title 48 of the Code of Federal Regulations. Where the FAR/DEAR clauses refer to Government and Contracting Officer, substitute Sandia and Sandia Contracting Representative (SCR). DEAR 970.5203-3 - Buy American Act FAR 52.222-3 - Convict Labor FAR 52.207 - Anti Kickback Procedures FAR 52.223-2 - Clean Air and Water FAR 52.203-3 - Gratuities FAR 52.212-13 - Stop Work Order FAR 52.223-3 - Hazardous Material Identification and Material Safety FAR 52.245-5 - Government Property including Alternate I FAR 52.246-9 - Inspection of Research and Development FAR 52.249-5 - Termination for Convenience (Educational Institutions) DEAR 970.5204-9 - Accounts, Records and Inspections FAR 52.222-4 - Contract Work Hours and Safety Standards Act - Overtime Compensation FAR 52.222-36 - Equal Opportunity FAR 52.219-8 - Utilization of Small Business Concerns and Small Disadvantaged Business Concerns FAR 52.222-20 - ▇▇▇▇▇ ▇▇▇▇▇ Public Contracts Act FAR 52.222-35 - Affirmative Action for Special Disabled and Vietnam Era Veterans FAR 52.222-37 - Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era DEAR 970.5204-62 - Environmental Protection
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. For the convenience of the parties, the following terms and conditions set forth in the Galaxy IR Agreement are incorporated by reference and made applicable, in context, to this Agreement for Transition Period as if set forth fully herein, except insofar as such provision may be in conflict with the terms and conditions expressly stated in this Agreement and Appendix D thereto: Section 3.03, Section 3.04, Section 3.05, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 16, Section 18, Section 19, and Section 20, and all terms of the December 31, 2003 Amendment (for the protection from Galaxy Replacement). References in the foregoing incorporated terms to the "Lessee's Transponder" (or in some cases "Lessee's Transponders"), the "Lease Termination Date", and "Lessee" shall be deemed, in context, to refer to the Transition Period Transponder, the Transition Period End Date, and the Customer, respectively. APPENDIX E PRIORITY LIST - GALAXY IRR Customer is assigned priority number 24 on GALAXY IRR. LB#176675-ValueVision Media, Inc. - G-IRR - v5 DAS/ACK - 1/28/05 APPENDIX F SAMPLE SUBORDINATION PROVISION Subordination. Customer hereby acknowledges that this Agreement and all rights granted to Customer hereunder are subject and subordinate to a security interest and lien (as the same may be assigned, the "Security Interest") in favor of [SECURED PARTY] (the "Secured Party") in and to this Agreement, the Customer's Transponder Capacity and other rights under this Agreement and/or the Satellite (and/or the proceeds from the sale or other disposition of all or any portion thereof, or any insurance that may be received by PanAmSat as a result of any loss or destruction of, or damage to, the Customer's Transponder Capacity (or other rights) and/or the Satellite and to all renewals, modifications, consolidations, replacements and extensions of any security agreement, mortgage or other document reflecting any such Security Interest, including that certain [SECURITY AGREEMENT] by and between PanAmSat and Secured Party; provided, that any such Secured Party agrees that Customer shall continue to have the benefits of this Agreement notwithstanding any default on the part of PanAmSat under the agreement providing for such Security Interest (the "Security Agreement"), so long as:
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. Expert agrees to be bound by the policies, requirements, practices, and procedures set forth in the LSS Deskbook previously provided to it. The terms and conditions in those documents, as from time to time amended, modified, or changed are incorporated herein by reference. However, provisions in this Agreement have priority in interpretation over contrary provisions contained in the LSS Deskbook, as amended or modified, so that the provision in this Agreement shall be binding.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. The following terms and conditions are incorporated herein by reference:
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. This document incorporates Federal Acquisition Regulation (FAR) or Department of Energy Acquisition Regulation (DEAR) clauses by references with the same force and effect as if they were included in full text. All of these clauses may be found in title 48 of the Code of Federal Regulations. Where the FAR/DEAR clauses refer to Government and Contracting Officer, substitute Sandia and Sandia Contracting Representative (SCR). DEAR 970.5203-3 - Buy American Act FAR 52.222-3 - Convict Labor FAR 52.207 - Anti Kickback Procedures FAR 52.223-2 - Clean Air and Water FAR 52.203-3 - Gratuities FAR 52.212-13 - Stop Work Order FAR 52.223-3 - Hazardous Material Identification and Material Safety FAR 52.245-5 - Government Property including Alternate I FAR 52.246-9 - Inspection of Research and Development FAR 52.249-5 - Termination for Convenience (Educational Institutions) DEAR 970.5204-9 - Accounts, Records and Inspections FAR 52.222-4 - Contract Work Hours and Safety Standards Act - Overtime Compensation FAR 52.222-36 - Equal Opportunity FAR 52.219-8 - Utilization of Small Business Concerns and Small Disadvantaged Business Concerns FAR 52.222-20 - ▇▇▇▇▇ ▇▇▇▇▇ Public Contracts Act FAR 52.222-35 - Affirmative Action for Special Disabled and Vietnam Era Veterans FAR 52.222-37 - Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era DEAR 970.5204-62 - Environmental Protection If any royalty payments are involved in this contract or are reflected in the contract price to Sandia or the Government, the Contractor agrees to report in writing to the DOE Patent Counsel (with notification by Patent Counsel to the SCR) during the performance of this contract and prior to its completion or final settlement, the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as will permit the identification of the patents or other basis on which the royalties are to be paid. The approval of Sandia or of DOE of any individual payments or royalties shall not stop the Government at any time from contesting the enforceability, validity or scope of, or title to, any patent under which a royalty or payments are made. ("Patent Counsel," as used in this clause, means the Patent Attorney, DOE, Albuquerque Operations Office, P. O. Box 5400, Albuquer...
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. At time of award, all activities under this CA are subject to NSF's Cooperative Agreement-Financial and Administrative Terms and Conditions (CAFATC), and the Cooperative Agreement Modifications and Supplemental Financial and Administrative Terms and Conditions (CAFATC) for Major Multi- User Research Facility Projects and Federally Funded Research and Development Centers, hereafter referred to as the CAFATC Supplement, available in full text at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/awards/managing/co-op_conditions.jsp.
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. A. The following provisions of the Services Agreement are incorporated herein by reference, provided that references in the Services Agreement to “Agreement”, “Project”, “Services” and other defined terms shall be construed to refer to such terms as defined in this Agreement or, if not so defined, in a manner to be consistent with the terms and conditions of this Agreement:
i. Section 3 Intellectual Property ii. Section 4 No Endorsement: Public Announcement iii. Section 5 Confidentiality (excluding Section 5.3)