Sexual Exploitation, Abuse/Sexual Harassment Action Plan Definition

Subcontractor means any supplier, distributor, seller or firm that supplies goods or services to or for a principal contractor or other subcontractor.

Contractor means the person or entity that has entered into this contract with the Commonwealth.

Confidential information has the meaning assigned to it in Article 6.1.

Code means the Internal Revenue Code of 1986, as amended.

Project means the goods or Services described in the Signature Document or a Work Order of this Contract.

Intellectual property rights has the meaning assigned to that term in Article 3.1(p).

Parties has the meaning assigned to it in the introduction.

Company has the meaning assigned to it in the introduction.

Colleague means an employee of the Contractor who is directly involved in the performance of work under the Contract and who has more than minimal influence or involvement in the performance of the Contract.

Action means the Securities Act of 1933, as amended.

Agreement has the meaning given to it in the introduction.

Contract means the written agreement entered into between the Buyer and the Supplier as set out in the contract form signed by the parties, including all annexes and appendices attached thereto and all documents incorporated therein by reference.

Party means a party to this Agreement.

Services means the functional services ancillary to the supply of the Goods, such as transportation and any other ancillary services such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the Supplier covered by the Contract.

Subsidiary means a “subsidiary”, whether existing now or in the future, as defined in Section 424(f) of the Code.

Effective Date has the meaning given to it in the introduction.

Person means an individual or corporation, partnership, trust, association, joint venture, limited liability company, public limited liability company, government (or any agency or subdivision thereof) or other entity of any kind.

Goods means all equipment, machinery and/or other materials which the Supplier is required to supply to the Buyer under the Contract.

Day means calendar day.

Board means the Board of Directors of the Company.

Business day means any day other than Saturday, Sunday, a day that is an official federal holiday in the United States, or a day on which banking institutions in the State of New York are authorized or required by law or other governmental action to be closed.

Partner of a particular Person means another Person that directly or indirectly controls or is controlled by or is under direct or indirect common control with such particular Person. For the purposes of this definition, “control” when used with respect to a particular Person means the power to direct the management and policies of such Person, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings consistent with the foregoing.

Department means the department of public health.

Director means a member of the board.

YAW means the accounting principles generally accepted in the United States of America in effect from time to time.