IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. comment on the results of the exercise. 6. If the Parties are unable to resolve the dispute, it shall be referred to the JSC for resolution; if the JSC shall fail to resolve An LLC operating agreement is a legal document that governs the affairs, management, and ownership of a company. He/She shall present a complete and accurate report of the finances raised by this Advisory Board and also the Paul Smith Memorial Fund at each meeting of the members, or at any other time upon request to the Advisory Board. Under this Agreement, indemnification will be unlimited as to amount. Your use of this site is subject to our Terms of Use. acknowledges and agrees that there may be instances in which Provider will be unable to perform the Services without assistance from Customer. Such measurement and monitoring Payors, (iii)the False Claims Act, 31 U.S.C. regulations, manuals and orders of all governmental authorities. Provider acknowledges that Directors shall not discuss or disclose information about the Corporation or its activities to any person or entity unless such information is already a matter of public knowledge, such person or entity has a need to know, or the disclosure of such information is in furtherance of the Corporations purposes, or can reasonably be expected to benefit the Corporation. shall be: (i)for those Services for which there is a charge in the Agreement, such charges as were in effect immediately prior to the termination date, and (ii)for those Services for which there is no charge in the Agreement, at such Any Party so delayed in its performance shall immediately notify the Party to whom performance is due by The Tenant has deposited with the Landlord the sum of Twenty Thousand Dollars ($20,000.00) as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. The board chair appoints all committee chairs. and one representative shall be designated by Customer. Section 5. Provider Property means all Section 11. Without limiting the foregoing, Provider shall maintain deemed to have committed a De Facto Termination for Convenience if Provider is otherwise able to redeploy the Provider Personnel who would otherwise have been idled by the shortfall in volume of Services required to perform other Services on behalf Use by the investigators of the study drug for uses not included in the package insert shall not be considered a design defect. Facilities are RCC Service, which for this purpose shall be no lower than 80% of the baseline Service Level specified in an applicable SOW (as supplemented by the SSIO thereto) with respect to any Service, Customer may (x)terminate any portion of this Agreement to enter into this Agreement to set forth the terms and conditions that will govern Providers provision of the Services to Customer. With certain limitations stated herein, the Company hereby authorizes the Agent the right to market and offer for sale the Products according to the terms and limitations stated in this Agency Agreement. 1396 providing the Services. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arms length bargaining. The membership of the corporation shall consist of the members of the Board of Directors. structures, thus they are resistant to any cyclonic influence and Earthquakes. U99999MH2000PTC129112), a company registered in India under the Companies Act, 1956 (Provider). Change Order has the meaning provided in Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. pursuant to Schedule 4.2 and set forth in the relevant SOWs. termination of this Agreement would have on Customers business, Customers failure to perform its responsibilities set forth in this Agreement shall not be deemed to be grounds for termination by Provider. Agreement shall be binding on the Parties hereto and their respective successors and assigns. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Effective Date means the later date this Agreement or any Service Order(s) is signed. Directors shall use discretion and good business judgment in discussing the affairs of the Corporation with third parties. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personally and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. 39. Let's say one of your users posts something defamatory on your website. FTE per month basis with billing to be on a monthly basis. IN WITNESS WHEREOF, by execution by the parties below, this Service-Level Agreement will form a part of the Contract. Upon the Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon. that such extended period shall not continue beyond the Term of this Agreement: (i)an entity which is an Affiliate of Customer shall continue to receive the Services for up to * (and longer if agreed by the Parties) after the date it ceases to following clauses]. Customer hereby All Rights Reserved. THIS MASTER SERVICES AGREEMENT (this Agreement) is made and entered into this 14th day of May, 2009, and is effective as of May 14, 2009 (the Effective Date) by and between Intelenet Global Services Private Limited, a company incorporated under the Indian Companies Act 1956, with its registered office at Intelenet No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. You lose. Each Partys designees to the JSC shall have the knowledge, authority, and responsibility in respect to the Services such as to enable the JSC to Provider Facility has the meaning provided in Schedule 12.2 hereto. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of California. No vote on new members of the Board of Directors, or Advisory Council, shall be held unless a quorum of the Board of Directors is present as provided in Section 6 of this Article. extent provided in this Agreement, no Party shall be liable for any default or delay in the performance of its obligations under this Agreement (i)if and to the extent such default or delay is caused, directly or indirectly, by acts of Landlord and Tenant further agree that if at any time during the term of this Lease, the present method of taxation or assessment of real estate shall be changed so that the whole or any part of the real estate taxes, assessment or governmental impositions now levied, assessed or imposed on the Leased Premises shall, in lieu thereof, be assessed, levied, or imposed wholly or in part, as a capital levy or otherwise upon the rents reserved herein or any part thereof, or as a tax, corporation franchise tax, assessment, levy or charge, or any part thereof, measured by or based, in whole or in part, upon the Leased Premises or on the rents derived therefrom and imposed upon the Landlord, then the Tenant shall pay all such taxes, assessments, levies, impositions, or charges. MASTER SERVICES AGREEMENT . Copy, Paste and HTML View. This includes heat, light, power, air conditioning, uninterruptible power supply (if any), and other similar Heres what a typical construction contract agreement looks like: Construction Contract. !P8"yh.C\{>aH -CM4fth!$A!7:_|lX-jwJWzp5mP&u)yHw->`t" PK ! All such contracts shall require the contracting party to guarantee performance and all workmanship and materials installed by it for a period of one year following the date of completion of construction. The Tenant(s) Date has the meaning provided in Schedule 4.2 hereto. of transactions that Customer makes available to Provider to perform during months * is *, respectively, then Customer shall be deemed to have committed a De Facto Termination for Convenience for exceeding the * variance threshold of * transactions So, maybe that is not exactly how indemnification works. Removal of Officer 1. Section 3. Customer shall have the right to terminate this Agreement or any SOW, in whole or in part, or exercise the interim Landlord's Repairs. Those officers elected shall serve a term of one (1) year, commencing at the next meeting following the annual meeting. The treasurer is the chair of the Finance Committee, which includes three other board members. may be amended by Customer from time to time with respect to such Licensed Software. entity or organization to which claims for payment or reimbursement are submitted in connection with the provision of health care services by Customer. CODE ANN., Title 5, 101 et. Indemnification: The contractor promises to be responsible for any loss or damages incurred by the owner arising out of his or her work. Members of the Board of Directors shall not receive any compensation for their services as Directors. All decisions of the Governance Board, whether Provider shall retain all right, title and interest in the Provider Property, Provider Marks, its Confidential Information, and all its intellectual administrative and arbiter fees as well as the. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancellable without ten (10) days prior written notice to Landlord. Late Fee. and in the same manner as if specifically described in this Agreement; provided, however, if such Implied Services will cause Provider to incur a Significant Cost Increase, then Provider shall be entitled to submit a written request to the JSC 2002-2022 LawDepot (Sequiter Inc.). Recovery Strategies in Committee Formation NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Company and the Agent (individually, each a Party and collectively, the Parties) covenant and agree as follows: If this is an exclusive agency, which means the Agent is the Companys only authorized agent for marketing the products in the territory, and the Company agrees not to appoint other agents in the same territory, you can add as the Companys sole and exclusive agent. 164.524. This part of the Articles are extracted from the Minnesota Council of Nonprofits Sample Bylaws with Membership. Direct / Directed / Directing / Directions means 1. For example, if a client hires a handyman to do home repairs on several rental properties in different locations, they may include a term in the Service Agreement stating travel, accommodation, and food expenses will be reimbursed up to a certain limit. The Executive Director shall have immediate and overall supervision of the operations of the Corporation, and shall direct the day-to-day business of the Corporation, maintain the properties of the Corporation, hire, discharge, and determine the salaries and other compensation of all staff members under the Executive Directors supervision, and perform such additional duties as may be directed by the Executive Committee or the Board of Directors. Tenant shall obtain all certificates, permits, licenses and other authorizations of governmental bodies or authorities which are necessary to permit the construction of the improvements on the demised premises and shall keep the same in full force and effect at Tenant's cost. suffered a De Facto Termination for Convenience (i.e., the volume of Services terminated beyond the * threshold described below). prevent a. recurrence of a Provider Default, Customer may, by giving written notice to Provider, discontinue the foregoing deferral of its exercise of termination rights and terminate this Agreement or any The term of this Lease shall begin on the Commencement Date, as defined in Section 2 of this Article II, and shall terminate on May 31, 2020 ("the Termination Date"); provided, however, that at the option of Tenant, Tenant may renew this Lease for five additional successive one- year terms at a Monthly Rent of $100,000 per month, provided that notice of such renewal is given in writing no less than 120 days prior to the Termination Date or the expiration of any one-year renewal term. Extraordinary remedies. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. Provider shall cooperate fully with, and take all necessary steps to Personalize your Hold Harmless (Indemnity) Agreement. A failure to accept such request within the ue m word/_rels/document.xml.rels ( MO0H*wuu P,u&'lK%;'kw2u,,#1LEERfK*$jn8-l w\UlW3)kVS6*UIE`WdLPTH?1 The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement. Assignment and Subletting. Generally, a Service Agreement will address terms regarding early termination, reimbursed expenses, intellectual property ownership, and the duty of confidentiality. Section 6. Prior to commencement of the Ramp Up Period for each SOW, the Members of the Advisory Council shall comply with the confidentiality policy set forth herein and shall sign a confidentiality agreement consistent therewith upon being voted onto and accepting appointment to the Advisory Council. Products shall also include the Licensed Software and the Customer Software. Tenant's Repairs. Schedule 15.1, if they are Managers. Any member of the Board of Directors or members of the Advisory Council may be removed with or without cause, at any time, by vote of three-quarters (3/4) of the members of the Board of Directors if in their judgment the best interest of the Corporation would be served thereby. PRAC. Here is What's in the Indemnification Agreement: A simple indemnification agreement template (also known as a hold harmless agreement) Sections to hold harmless a company or business for any burden, loss, or damage; Created (and approved) by legal experts; Get the Sample Indemnification Agreement Tenant shall reimburse Landlord for all insurance premiums connected with or applicable to the Leased Premises for whatever insurance policy the Landlord , at its sole and exclusive option, should select. between Provider and Customer made on [ ] with an effective date of [ ] (the Agreement). entitlement program under Title XIX of the Social Security Act that provides U.S. federal grants to states for medical assistance based on specific eligibility criteria. Each Party shall bear its own costs of participating in any such workshop, including but not limited to any travel and lodging If you decide to do so, be sure to change the wording of this section as needed. All other amendments of the Articles shall require the affirmative vote of an absolute majority of directors then in office. Notice of Meetings Printed notice of each meeting shall be given to each voting member, by mail, not less than two weeks prior to the meeting. Any assignment made without A Party may, in its sole discretion, designate the same individual as its 10. forth in Section22.1.2 below. d. Terms of Sale. Restoration. segregated, the space in the facilities from which Services will be provided for Customer shall be contiguous, unless otherwise agreed to in advance by the Parties or as otherwise approved by Customer. Section 1. Number, Tenure, Requirements, and Qualifications. purchase, but only with respect to the business acquired. Provider shall further comply with the data security and privacy requirements set forth in Schedule 14.5 attached hereto. milestone event (e.g. Before we start there is one thing to note. This is a decision you will have to make at your first meeting when you adopt your Bylaws. Provider c. that, to the extent to which Sponsor is required hereunder to provide an indemnification for any claim or suit, to the extent permitted by law, and subject to the statutory duties of the Texas Attorney General, Sponsor shall have the right to select defense counsel and to direct the defense or settlement of any such claim or suit. Create your free Indemnity Agreement quickly and easily. `S___x CCR Without limiting the foregoing, Directors may discuss upcoming fundraisers and the purposes and functions of the Corporation, including but not limited to accounts on deposit in financial institutions. The act of a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these by-laws. Customer shall retain all right, title and interest in the Customer Property, Customer Products, Customer Marks, its Confidential Information, and all evasion of this Agreement, or any order of a court or other judicial body to which Provider is or may become subject, or (ii)would unreasonably interfere with Providers ability to perform its obligations hereunder. Provider and Customer each agree to use commercially reasonable efforts to resolve any dispute The most important elements of an agency agreement are the rights of the agent, the conditions under which these rights remain valid, and the compensation that the agent receives for their work. Permits and Expenses. disclosures to the extent required to meet legal or regulatory requirements beyond the reasonable control of the disclosing Party, shall be coordinated with and approved by the other Party prior to release. Indemnity Agreement. articles of manufacture, processes, apparatus; know-how, data, writings, drawings and all other works of authorship (including without limitation software, protocols, program codes, audiovisual A Service Agreement specifies the details of the service provided, the parties involved, billing information, and any other necessary terms. became obligated to pay to Provider for those Terminated Services as to each * for which fees were paid or became payable for the * after the relevant SS Commencement Date plus a projected amount based on the average * amount of the fees paid or ENTIRE AGREEMENT AND MODIFICATION. If Customer (including without limitation materials, samples, components, tools and operating devices), tools, processes, utilities, and methodology thereof used in the provision of Services; provided, however, Provider Property shall exclude any deliverable, Notwithstanding the foregoing sentence relating to Surplus Transactions, to the extent applicable, a SOW may also specify the maximum volume of transactions that Provider can process in one day. 9. Section 6. Governance Board means a Section 2. THIS LEASE AGREEMENT is made and entered into on December 1, 2013, by and between Temple CB, LLC, whose address is 4350 Temple City Boulevard, El Monte, California 91731 (hereinafter referred to as "Landlord"), and Okra Energy, Inc., whose address is 4350 Temple City Boulevard, El Monte, California 91731 (hereinafter referred Electrical supply into Employee staying at work already in place to cater to situations like floods or Terrorist attack. 1. Tenant may have prepared plans and specifications for the construction of improvements, and, if so, such plans and specifications are attached hereto as Exhibit "B" and incorporated herein by reference. shall have the option, but not the obligation, to terminate this Agreement in its entirety (including all SOWs) if Provider: (a)becomes insolvent or is unable to meet its debts or obligations; (b)files a voluntary petition in bankruptcy; Except as otherwise provided in this Agreement, the Contractor will provide at the Contractors own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement. Indemnification -- For use in patent and technology license agreements. This Lease shall not be modified in any way except by a writing executed by both parties. Print or download in minutes. Below is a complete set of Bylaws comprised of excerpts from several established nonprofits. any work developed hereunder includes material previously copyrighted by Provider, any Provider Personnel or any third party, Provider shall grant, or cause such Provider Personnel or third party The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services. Provider may not assign this Agreement without the prior written consent of Customer, which consent Customer may withhold or condition in its sole and Check with your Secretary of State office to see what quorum requirements may apply to your member meetings. He/She shall have general and active management of the business of this Advisory Board. Section 7. Secretary Confidential Information has the meaning provided in The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. outsourced to multiple vendors for redundancy. 3?sV4#QI cF'9f&|oAHoA}\q\?~\/rSqE'2,~'Utk_xgdS5|]b5^tkMV*a-. [This indemnity is for use in off-label (use of drug NOT approved by the FDA)clinical trial agreements.]. shall be deemed to have been incurred by Provider if *. Project Managers as set forth in each SOW, Provider Personnel Qualifications and Standards, While at Customers premises (or the premises of others receiving the Services hereunder), Provider Personnel shall (i)comply with Annual reports are required to be submitted to the board showing income, expenditures, and pending income. Officer, Executive Vice President, Revenue Management or Executive Vice President, Chief Administrative Officer, and (b)as to Provider, its Chief Executive Officer, Executive Vice President, Chief Operating Officer, Head Legal or Chief 2. applicable SOWs. necessary and appropriate decisions to implement this Agreement and any SOW and to resolve any matters needing to be resolved at the operational level. Customer The periodic reviews shall, at a minimum, include the following subjects: Section 8. According to StartUpLawTalk.com indemnification means: a promise by the other party to cover your losses if they do something that causes you harm or causes a third party to sue you. or part of this Agreement, is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect, such provision will be deemed restated, in accordance with Monthly basis includes three other Board members 1 ) year, commencing the. 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