19. Waiver. The waiver by either party of any breach or default by the other party of any provision of the Agreement shall not be construed as a waiver by that party of any subsequent breach or failure by the other party to comply with the same or any other provision, nor shall it be construed as a delay or omission by either party to exercise or request a right or remedy; that she has or could have here. act as a waiver of such right or remedy. These provisions are contained in the main or secondary clauses of the contract and are usually very specific. For example, the provision of an employment contract could mean that in the event that the employee misses three (3) consecutive business days without proper justification, the contract is terminated unilaterally and there is no room for a claim on behalf of the employee. These types of provisions are intended to establish specific rules for a particular clause of the contract. (5) Extension, continuance, extension, modification or modification of a federal contract, grant, loan or cooperation agreement. “Subcontracting” means any contract entered into by a subcontractor for the supply of supplies or services for the performance of a main contract or a subcontract. For example, the National Security Agency`s (NSA) power to collect phone metadata en masse under the USA PATRIOT Act expired at midnight on June 1, 2015.
All investigations that began before the expiry date were completed. Many expired parts of the Patriot Act have been extended with the USA Freedom Act until 2019. However, the provision allowing government agencies to collect massive telephone data has been replaced by a new provision requiring that such data be retained by telephone service providers. (f) the ability to bear the costs. Nothing in this clause makes eligible or reasonable costs that would otherwise not be permitted or unreasonable. Conversely, costs that are expressly not permitted by the requirements of this clause will not be permitted under any other provision. (A) The basic provision applies if the requests are issued by someone other than the Department of Defense, NASA and the Coast Guard. For example, an anti-greenmail provision is a type of contractual provision contained in the bylaws of some companies that prevents the board of directors from paying a premium to a business thief for abandoning a hostile takeover bid.
Domestic violence advocacy groups rejected the provision, saying it would discourage victims from coming forward. It is not so easy to distinguish between a clause and a provision in a legal document. Legal experts are trained to understand this, but to the uninformed eyes, the provisions may look like clauses and vice versa. Nevertheless, the provisions are fixed conditions that are set out in a contract (written or oral) on how the procedure is conducted in certain scenarios. Notwithstanding anything to the contrary, the issuance of a Customer`s order for a product or service specified in a valid PDF Offer constitutes customer`s consent to the purchase of all products and services listed in that Offer; In the event that the parties agree to reduce this obligation in any way, such an agreement will only be valid if PDF notes it on the Customer`s order and signs this notice. Orders, even if accepted by PDF, are not allowed to modify or modify the terms of the Agreement. Notwithstanding anything to the contrary in an Order and the acceptance or signature of such Order by PDF, no additional or deviating terms contained in an Order shall be accepted or binding by the parties without a valid modification of the Agreement, and all such Terms are hereby rejected by the parties. (i) If a Contractor has lawfully changed the name of its company or the name “Doing Business as” (as specified in the Contract) or has transferred the assets used in the performance of the Contract, but has not met the necessary requirements with respect to novation and name change agreements in subsection 42.12, the Contractor must notify the Affected Customer in writing of its intention to: (ii) 52.203-11, Certification and Disclosure of Payments to influence certain federal transactions. This provision applies to applications that are expected to exceed $150,000. “Reasonable payment” means, in respect of professional and other technical services, a payment equal to the amount normally paid for such services in the private sector.
One of the most well-known applications of a contractual provision is the determination of the appeal of an obligation. The determination of the appeal of an obligation refers to a specific date; after that date, the Company may recall and withdraw the Obligation. The bond investor can hand it over to pay the nominal amount (or the nominal amount plus a premium). 2. “Application” means the software applications specified on the Application Form(s) or otherwise made available by PDF for use by Licensee in accordance with the terms of the Agreement, including software applications licensed by third parties via PDF, if any. 20. Assignment. Licensee may not assign, delegate or otherwise transfer the Agreement or its rights or obligations under the Agreement (whether voluntarily, automatically or otherwise) without PDF`s prior written consent. A change of control shall be considered to be an automatic transfer within the meaning of this provision.
Any attempt or purported assignment, delegation or other transfer that does not comply with this Section 18. be null and void and have no effect. Subject to the foregoing, the Agreement is binding on the successors and assigns of the parties. In credit documents, a provision for loan losses is a type of contractual provision that describes an expense set aside to allow for unrecovered loans or loan payments. This provision is used to cover a number of factors related to potential credit losses. 22. “Software” means the entire PDF Software, whether specified in a Purchase Order or (2) made available to Licensee from time to time during the term of the Agreement under the terms set forth in PDF`s APPLICABLE license file for such Software, and which is used solely for Licensee`s evaluation and decision; if it acquires additional non-evaluation licenses for those software products (i.e. Eval software). delivered to licensee via PDF and including improvements and updates or bug fixes.
(e) Penalty. Filing of such certification and disclosure is a condition of entering into or understanding this Agreement, which is required by 31 U.S.C. 1352. Any person who makes an expense prohibited under this paragraph or who fails to file or amend the disclosure to be filed or amended under this provision shall be liable to a civil penalty of not less than $10,000 nor more than $100,000 for each of such errors….