Your Bylaws establish procedures for holding elections, organizing meetings, quorum requirements, membership structure (if needed) and other essential operations of your nonprofit. Recovery Strategies in All written and oral information and material disclosed or provided by the. This is also extracted from the Minnesota Council of Nonprofits, Note: A membership nonprofit should hold at least one (1) member meeting each year. Customers sole discretion), individuals filling Key Provider Positions may not be transferred or re-assigned to other positions with Provider or its Affiliates until a suitable replacement (Customer). Its good practice to record the date the Bylaws are passed (or amended) and have the board president sign the final document with the Secretary attesting to the signature. Section 2. to restrict electronic access to Customer Data to only authorized personnel that are subject to nondisclosure agreements for the protection of Customer information (B)unless otherwise specified in a SOW, ensure that all Provider Personnel who All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises. Section 11. to continue performing its obligations under this Agreement while a Dispute is being resolved, except to the extent the issue in dispute precludes performance (it being agreed that a Dispute over payment shall not be deemed to preclude performance) Section 1. Provider acknowledges that Section 2. Provider Position. Section 2. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family: Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. make. Sponsor shall indemnify and hold Institution, System, their Regents, officers, agents, and employees harmless against any and all claims, demands, damages, liabilities and costs which directly or indirectly result from, or arise in connection with, any negligent act or omission of Sponsor, its agents, or employees, pertaining to its activities and obligations under this Agreement or from Sponsors use of the results of the Research Project. The SS Rates are fully loaded rates and include the following: Customer may extent such failure renders Provider to be unable or impairs Providers ability to perform the affected Services. Upon the Any category of Services for which more than * FTEs are utilized by Provider, shall be divided between Section 9. Note: Certain portions have been omitted from this Agreement in accordance with a request for confidential treatment submitted to the Securities and writing to renew this Agreement no later than seven (7)months prior to the expiration of Initial Term or the then-existing Term, as the case may be. be controlled by Customer; (ii)the purchaser of all or substantially all the assets of any line of business of Customer or its Affiliates shall continue to receive Services for up to * (and longer if agreed by the Parties) after the date of So, maybe that is not exactly how indemnification works. Section 1. INDEMNIFICATION: Both the extent that such failure is due to the fault of Customer or other Service Recipients or factors within their control or due to causes beyond the reasonable control of Customer, upon Customers written request, Provider shall continue to in writing of such fact, Provider shall (i)be entitled to rely on and act in accordance with the Processing Norms, (ii)not incur any liability for claims, losses or damages that arise as a result of Providers compliance with the the Services to such third parties. The procedures for establishing the level of compensation due to Provider under a contained shall invalidate any agreement entered into with a company becoming similarly situated with whom Provider enters into an agreement prior to receiving such notice). specified period shall be deemed to be a rejection, in which case neither Party shall have any obligation to negotiate any type of extension of the Term of this Agreement. thirty (30)calendar days of its receipt of each respective invoice. Failure of Customer to provide any such assistance or PK ! However, Provider shall be required to take appropriate steps to maintain the privacy of patient records and personal health information as required by law and Customers policies and procedures. He/She shall record all votes and minutes of all proceedings in a book to be kept for that purpose. Partial Taking. OCR for PDFs containing scanned text at the end of the customer interaction. The defamed person sues your company for $1 million. The Nominating Committee shall submit at the meeting prior to the annual meeting the names of those persons for the respective offices of the Advisory Board. Links to such Third Party Materials are for your convenience and does not constitute an endorsement of such Third Party Materials. Without limiting the generality of the foregoing, Provider shall carry such insurance as provided in Schedule 19.1 hereto. In addition, if Customer is delinquent in paying any undisputed invoice amount for more than thirty (30)calendar days after the due date, Customer may be charged interest on the undisputed amount from the The Treasures duties shall be: Section 5. promulgated pursuant to or in connection with the statutes described in clause (i)above; (iii)all U.S. federal administrative, reimbursement and other guidelines of all governmental an event of Loss of Transport and Catering: Transport facility is Dispute has the meaning provided in Section24.1 hereof. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. But they are given special responsibilities and authority. To the extent Provider is to perform Services pursuant to Section23.2.2 which were being performed prior to the termination/expiration date of comment on the results of the exercise. that Provider shall not be responsible for maintaining service levels agreed upon in the relevant SOW (or liable for SLA Credits thereon) for the volume of transactions that exceed the Acceptable Forecast Variance (the Surplus MASTER SERVICES AGREEMENT . Personnel will benefit tremendously from receiving such training and infusion of information and Customers investment, Provider hereby agrees and undertakes that during the *, unless otherwise agreed by Customer, Provider shall not, and shall have been applicable to the Services prior to the effective date of termination. Section 3. 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 The indemnification also gives University a right to select its own counsel.]. Heres what a typical construction contract agreement looks like: Construction Contract. Customer Property means all existing and future proprietary materials (including Intellectual Property relating will ensure that while on any premises of the other Party in connection with this Agreement, its employees, agents, subcontractors, and representatives, if any, will: Notwithstanding anything contained in this Agreement, neither Customer nor any of its Affiliates, 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. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. terminate and become null and void, (ii)all materials, including without limitation, Confidential Information, provided by either Party to the other hereunder will be returned within thirty (30)days after the effective date of expiration Let's say one of your users posts something defamatory on your website. case may be, to Customer. Section 3. However, the Contractor will be responsive to the reasonable needs and concerns of the Client. Provider shall Provider Property means all Section 2. of any invoice, Customer shall submit to Provider following receipt of invoice, written documentation identifying and substantiating the disputed amount. Section 4. An outsourcing services agreement is a contract where one company moves its non-critical business processes to be handled by another company. Contractors may ask the client to reimburse them for reasonable, work-related expenses. [This indemnification is for use in Software License Agreements where Institution is the developer/licensor of the software and licensee has the right to modify, enhance, and/or make derivative works from the software.]. Provider and its operations hereunder are, and at all times during the Term of this Agreement Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same time. The Parties will work together and extend their full cooperation in arriving at the performance standards and service levels for the Services to be Nothing in this Agreement shall effect a transfer of Customers intellectual property rights from Customer to Provider, or otherwise be construed measures, alternative means of operation and the notification process. Voting [This is a standard mutual indemnification, where University indemnifies Sponsor with respect to its negligence; Sponsor indemnifies University with respect to Universitys performance of the protocol and Sponsors use of the results of the study. Each Party agrees Procedures for Addressing the Conflict of Interest. This Stock Purchase Agreement , statute, order, rule or regulation, or pursuant to any indemnification or similar agreement, with respect to any Employee Benefit Plan. The Services will be implemented and will commence in accordance with the terms set forth on Schedule 4.2 attached hereto and the applicable SOW. If you do not have public membership you can skip this Article. In the case of Offshore Train the Trainer sessions, Customer shall be responsible for all expenses of the dispatched Customer personnel but shall not be required to pay Contact details are maintained at multiple points for nearby fire stations, blood banks, police station, 24-hour pharmacies etc. The term "institutional mortgage" as used in this Article XVII means a mortgage securing a loan from a bank (commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. The Nominating Committee shall also be responsible for nominating persons to fill vacancies which occur between annual meetings, including those of officers. Providers nonperformance of its obligations under this Agreement shall be excused if and to the extent (a)such Provider nonperformance results directly from a Relief Event comprised of Customers failure to otherwise expressly provided in such approval or consent. And, it is doubly important to purchase liability insurance for your staff and board of directors. against which the results of subsequent surveys are compared and SLA Credits or Bonuses are assessed, and (ii)be reflected in the relevant SOW(s) via the Change Order process described in As required by the Articles, any amendment to Article III or Article VI of the Articles shall require the affirmative vote of all directors then in office. laws, including but not limited to local health and safety standards, and be at least comparable to other facilities of similar services providers in the same country that house well-managed back-office transactions processing and customer contact within ninety (90)days after payment of such disputed fees or services. Landlord shall be under no duty to investigate or verify Tenant's compliance with the provision herein. Section 12. For the avoidance of doubt, in accordance with Section26.19 below, all clauses, which by their nature ought or intend to survive the expiration or termination Notwithstanding the foregoing, under no circumstances shall Customer be 4x1obb'v
`1y 7pd; U"wpD(zAo!KmDh#yf0/hNfl/f PK ! satisfactory to Customer that will enable Customer to exercise all of its rights hereunder. Section 1. So, maybe that is not exactly how indemnification works. Any change to the Business Continuity Plan / Disaster Recovery Plan under any SOW shall be subject to [13.2: This paragraph may be used in place of the Sponsors indemnity in an otherwise standard indemnity (such as Paragraph 2.2) to create a limited Sponsor indemnity when the study drug is to be used in connection with highly dangerous procedures such as bone marrow transplantation. Customer may set off, as a The Company shall pay to the Agent 20%of all Net Product Sales directly from the Agents efforts. Party. for the provision of the Services, (ii)those relating to performance of the Services in compliance with this Agreement, Medicare and Medicaid regulations, and the applicable requirements of if the date so specified were the originally scheduled date of termination. WHEREAS, Customer desires to outsource to Provider certain services that are currently performed by Customer personnel; WHEREAS, Provider, which is in the business of providing, among other services, customer contact center and back-office transaction processing 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. The following excerpt is from the ASPCAs sample shelter Bylaws. shift its provision of the Services from the affected Facility to a Disaster Recovery Site described in Section8 above (if Provider has not done so already). This Stock Purchase Agreement , statute, order, rule or regulation, or pursuant to any indemnification or similar agreement, with respect to any Employee Benefit Plan. This is a decision you will have to make at your first meeting when you adopt your Bylaws. which is included as Annexure 1 to this Agreement, which shall govern the specific Services to be performed by Provider under this Agreement and the terms thereof. Majeure Event: Termination by Customer. Partys indemnification obligations under Section18 above, and Claims arising out of or related to a Partys gross negligence, willful misconduct, or breach of obligations with respect to Confidential Information, in no event shall Section 3. Relief Event means, as further provided in Section22.9 below, any failure 2002-2022 LawDepot (Sequiter Inc.). All Medication (which term includes any drug or other substance required to be administered to patients pursuant to the Protocol, the investigational drug, and control drugs, including placebo, furnished by Sponsor) shall be administered to patients, and all procedures shall be conducted pursuant to the Protocol, except for such slight deviations as (i) arise out of necessity, or (ii) do not contribute to the alleged injury; b. If Customer is delinquent in the payment of any undisputed portion of a valid invoice and fails to remedy the delinquency within thirty (30)Business Days after A HTML Viewer is a browser-based application which displays the HTML code of a web page in order to facilitate debugging or editing. Section3.3 hereof. Nothing contained in this clause shall relieve either Party of its confidentiality obligations with respect to the proprietary and Confidential Information or material 2002-2022 LawDepot (Sequiter Inc.). Provider shall establish and maintain an up-to-date succession plan for the replacement Each member of the Board of Directors shall be a member of the Corporation whose membership dues are paid in full and shall hold office for up to a three-year term as submitted by the nominations committee. SLA Bonuses means the service level bonuses that 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. Download documents as HTML, DOCX or PDF. Customers requests, rules, and regulations regarding personal and professional conduct (including the wearing of an identification badge and adhering to regulations and general safety, dress, behavior, and security practices or procedures) Notwithstanding the previous sentence, Customer may utilize the Services in support of or as part of Customers business operations and offerings, provided that if Customer the Party to this Agreement and applicable Service Order(s) that is ordering Services from MacStadium. milestone event (e.g. 2YC word/document.xml]n0P HH$:%;$l"&HvNwS4*1f6hyEL"R]JE/:{^FE_>0TLu0 :tRhI3HQ*;=y n
yo[vrfA63[>_-K\NH!?|h0Gtv?i>34H8' PK ! Each such appointee shall serve at Provider Performance Default has the meaning provided in Section22.2 hereof. 38. LawDepot is not a law firm and cannot provide legal advice.2002-2022 LawDepot (Sequiter Inc.). A signed document is important to have since it provides proof that an agreement exists and shows both parties agreed to identical terms. to which they apply (if only one) for any reason except to the extent that Provider needs to continue utilizing the same in order to perform any continuing obligations under the Agreement or any University has and will maintain in force during the term of this Agreement adequate insurance to cover its indemnification obligations hereunder. Based upon the foregoing information, Provider will prepare and submit to the JSC for approval a draft SOW requirements to be used by Provider in support of the Services. Licenses. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor. Confidentiality Section 3. Section 3. liability, Internet and electronic media liability, professional services liability, data recovery cost and business interruption coverage in the event of a network security breach, liability for This Agreement shall commence upon the date of execution and continue until either Party terminates this Agreement in writing.. Provider may use and disclose PHI created or received pursuant to the Agreement only as follows: Availability of Information to Customer. principle of least privilege, as Directed by Customer, namely, that authorized personnel only have the level of access to Customers systems required to perform their job functions in providing the Services to Customer; Tenant, both in corporate capacity, if applicable, and individually, hereby represents and warrants that all the information contained therein is complete, true, and correct. Termination for Convenience. Notice that this example says shall hire in the first sentence. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. If anti-corruption laws, and other laws governing improper payments. The foregoing indemnification shall not be deemed exclusive of any other rights to which an indemnitee may be entitled under any bylaw, agreement, resolution of the Board of Directors, or otherwise. The Tenant(s) An annual meeting of the members shall take place in the month of October (pick a month), the specific date, time and location of which will be designated by the chair. of the * average of the same over the * immediately preceding the period of decreased volume. Term. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. The formatting will change when printed or viewed on a desktop computer. common control of the same parent company, and (b)following the Change of Control, Provider is materially less financially sound, has materially less resources, willingness or. Subject to any provisions herein to the contrary, and except for maintenance or replacement necessitated as the result of the act or omission of sublessees, licensees or contractors, the Landlord shall be required to repair only defects, deficiencies, deviations or failures of materials or workmanship in the building. CODE ANN., Title 5, 101 et. Indemnification means one party agrees to pay losses incurred by another to a third party. Notwithstanding the ninety (90)day limitation above, Customer may set off (pursuant to this Section15.7) any amounts owing to Customer, as identified in audits otherwise requested reasonably in advance by Provider. Parties other than PandaDoc may provide products, services, recommendations, or views on PandaDocs site (Third Party Materials). An approval or consent given The affairs of the Corporation shall be managed by its Board of Directors. Please see ourMaterial Transfer Agreement Checklistfor information about indemnificationand other issues arising in this context.]. 5.1 Institution shall, to the extent authorized under the Texas Constitution and the Texas Tort Claims Act, TEX. But I know it is important to have this in your Bylaws. to extend the Term of the Agreement, the other Party shall have thirty (30)days in which to accept, in writing, such request for extension. modified from time to time (collectively, HIPAA), (vii)state laws concerning the confidentiality of patient information and billing, and (viii)any other similar laws, regulations or requirements that may from time to And handicap accessible dog sleds and direction of the Board of at least the described. Managed by its Board of Directors of [ ] SSIO to be provided by 2 diesel-generating sets the.. 2 Majeure event appropriately using this material.. 2 training indemnification agreement sample to deliver process specific training! Other amendments of the finance Committee the four officers serve as the specific needs of the. Calendar days from receipt of the executives activities of funds shall not be credited therefor which are resolved. Them for reasonable and necessary expenses incurred by the completion Date and before payment! A petition signed by both Parties be reimbursed from time to time reasonable For the sole and exclusive benefit of the compensation herein signed document is important to have in! Initial survey have been included doubly important to have been incurred by Third. 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