STIPULATION OF FACTS Sample Clauses

STIPULATION OF FACTS. A. This Agreement pertains to Division II of the River Rim Ranch Planned Unit Development (“River Rim”) which was approved by the County and recognized as a master planned unit development.
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STIPULATION OF FACTS. 1. The Superintendent is the official charged with administering and enforcing the insurance laws of the State of Maine.
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STIPULATION OF FACTS. The undersigned parties stipulate and agree that if this case had proceeded to trial, this Office would have proven the following facts beyond a reasonable doubt. The undersigned parties also stipulate and agree that the following facts do not encompass all of the evidence that would have been presented had this matter proceeded to trial. The Defendant Xxxxxx Xxxxxxxxx was a full time salaried employee of the Maryland Center for Adult Training, Inc., (hereafter MCAT) from 2009 through 2019. At no time during that period was she an independent contractor. MCAT was located at 0000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx. MCAT was a non-profit 501(c)(3) entity that provides training and employment certifications for jobs in the healthcare field, including certifications to be a nursing assistant or a geriatric nursing assistant. MCAT represents itself to be a private career school accredited by the Maryland Higher Education Commission and the Maryland Board of Nursing. MCAT was an approved “Eligible Training Provider” (hereafter “ETP”) and its name appeared on the Maryland Department of Labor, Licensing and Regulation’s (DLLR) Eligible Training Provider list. As a recognized ETP, MCAT was eligible to receive, and did receive, federal funds, including U.S. Department of Labor Workforce Innovation and Opportunity Act (WIOA) funds awarded through DLLR and the U.S. Department of Health and Human Services Temporary Assistance for Needy Family (TANF) grant funds awarded by the State of Maryland’s Department of Human Services. MCAT has also received funding from private philanthropic organizations, such as the Xxxxx Foundation and Associated Black Charities. Xxxxxxxxx was initially hired to serve as XXXX’s student coordinator in 2009. In 2012, Xxxxxxxxx became the organization’s executive director. During Xxxxxxxxx’x tenure at MCAT, G.B. uploaded information, supplied by Xxxxxxxxx, to MCAT’s payroll service provider’s electronic platform. In 2015, G.B., who became the chairperson of MCAT’s Board that year, obtained signatory authority on MCAT’s bank account. As executive director, Xxxxxxxxx handled the day-to-day operations of MCAT, including, for example, what grants to pursue and what activities to undertake. She also handled the organization’s day-to-day accounting. In 2011 and 2012, MCAT withheld funds from her bi-weekly pay check for the purposes of paying state and federal taxes and making contributions to the Social Security and Medicare programs. At the end...
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STIPULATION OF FACTS. The factual basis for this plea is set forth below. Because the Court must, as part of its sentencing methodology, compute the advisory guideline range for the offense of conviction, consider relevant conduct, and consider the other factors set forth in 18 U.S.C. § 3553, additional facts that may be included below which are pertinent to those considerations and computations. To the extent the parties disagree about the facts set forth below, the stipulation of facts identifies which facts are known to be in dispute at the time of the execution of the plea agreement. This stipulation of facts does not preclude either party from presenting non- contradictory additional facts which are relevant to the Court’s guideline computation, to other 18 U.S.C. § 3553 factors, or to the Court’s overall sentencing decision. The parties agree the government would be able to prove the following facts at trial:
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STIPULATION OF FACTS. A. Division II of the River Rim Ranch Planned Unit Development (“River Rim”) was approved by the County and recognized as a master planned unit development as recorded on May 11, 2006 (the “2006 Development Agreement”).
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STIPULATION OF FACTS. The parties agree that there is a factual basis for the guilty plea that the defendant will tender pursuant to this plea agreement. That basis is set forth below. Because the Court must, as part of its sentencing methodology, compute the advisory guideline range for the offense of conviction, consider relevant conduct, and consider the other factors set forth in 18 U.S.C. § 3553, additional facts may be included below which are pertinent to those considerations and computations. To the extent the parties disagree about the facts set forth below the stipulation of facts identifies which facts are known to be in dispute at the time of the execution of the plea agreement: This stipulation of facts does not preclude either party from hereafter presenting the Court with additional facts which do not contradict facts to which the parties have stipulated and which are relevant to the Court’s guideline computations, to other 18 U.S.C. § 3553 factors, or to the Court’s overall sentencing decision. The parties stipulate that the following facts are true and correct: Background Information The Western Area Power Administration (“WAPA”) was a government agency within the U.S. Department of Energy (“DOE”). Among other things, WAPA was responsible for supplying and marketing electricity generated from federal dams to public entities within the United States. As part of its services, WAPA was responsible for constructing, maintaining, and operating an electrical grid which was used in the course of WAPA’s transmission of hydroelectric power to its various customers. WAPA operated a sizeable warehouse located in Montrose, Colorado, which warehouse stored and distributed supplies, equipment and materials (collectively referred to as “supplies” or “goods”) used in the maintenance, repair, and building of WAPA’s electrical grid. The Defendant XXXXX XXXXXX (“XXXXXX”) resided and worked in Montrose, Colorado, during June of 2014, through November of 2017. During this time period, the Defendant was employed by a contractor for WAPA, for whom he worked as a warehouse clerk. In his position with WAPA, the Defendant’s general responsibilities included ordering supplies, documenting the purchase of supplies, inventorying supplies, distributing supplies to employees, and entering items (received and issued) into WAPA’s electronic inventory system known as “maximo”. The Defendant worked closely within the warehouse with another government contractor “X.X.” in the course of his duties...
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STIPULATION OF FACTS. The parties agree that there is a factual basis for the guilty plea that the defendant will tender pursuant to this plea agreement. That basis is set forth below. Because the Court must, as part of its sentencing methodology, compute the advisory guideline range for the offense of conviction, consider relevant conduct, and consider the other factors set forth in 18 U.S.C. § 3553, additional facts may be included below which are pertinent to those considerations and computations. To the extent the parties disagree about the facts set forth below, the stipulation of facts identifies which facts are known to be in dispute at the time of the execution of the plea agreement. This stipulation of facts does not preclude either party from hereafter presenting the Court with additional facts which do not contradict facts to which the parties have stipulated and which are relevant to the Court’s guideline computations, to other 18 U.S.C. § 3553 factors, or to the Court’s overall sentencing decision. The parties agree that the date on which relevant conduct began is no later than February, 2019. The parties agree as follows: From at least February 2019 and continuing until June 10, 2020, the defendant conspired with others to distribute substantial quantities of pills manufactured to have the appearance of legitimate 30 mg Oxycodone tablets, but that actually contained fentanyl. As part of this conspiracy, the defendant distributed counterfeit pills containing fentanyl to a confidential source (“CS”) utilized by the Drug Enforcement Administration (“DEA”). In approximately January 2018, the DEA began investigating the distribution of counterfeit pills containing fentanyl in the Western Slope of Colorado. As part of this investigation, the DEA developed a CS that was able to communicate with a source of supply for these pills located in Mexico. Utilizing the CS, the DEA conducted several controlled purchases of pills provided by the source of supply. In February 2019, the source of supply contacted the CS. The source of supply told the CS that he had a co-conspirator in Denver, CO, that could provide pills to the CS. The CS and the source of supply reached an agreement for $12,000 in exchange for 1,000 counterfeit pills containing fentanyl. Based on phone conversations between the CS and the source of supply, a controlled purchase was set up to take place at a mall in Lakewood, CO. The CS met with agents prior to the controlled purchase. The source of supply called th...
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STIPULATION OF FACTS. The parties agree that there is a factual basis for the guilty plea[s] that the defendant will tender pursuant to this plea agreement. That basis is set forth below. Because the Court must, as part of its sentencing methodology, compute the advisory guideline range for the offense[s] of conviction, consider relevant conduct, and consider the other factors set forth in 18 U.S.C. §3553, additional facts may be included below which are pertinent to those considerations and computations. To the extent the parties disagree about the facts set forth below, the stipulation of facts identifies which facts are known to be in dispute at the time of the execution of the plea agreement. This stipulation of facts does not preclude either party from hereafter presenting the Court with additional facts which do not contradict facts to which the parties have stipulated and which are relevant to the Court’s guideline computations, to other 18 U.S.C. §3553 factors, or to the Court’s overall sentencing decision. The parties agree that the date on which relevant conduct began is __________. The parties agree as follows: [Insert facts and qualifications or disagreements, if any]
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Related to STIPULATION OF FACTS

  • STATEMENT OF FACTS 1. The Superintendent of Insurance is the official charged with administering and enforcing Maine’s insurance laws and regulations, and the Bureau of Insurance is the administrative agency with such jurisdiction.

  • Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XVIII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.

  • Conclusion of Agreement 3.1. The Assignee confirms that it has familiarized itself with the Terms and Conditions of the Portal User and the terms and conditions of the Agreement, understands the rights and obligations arising therefrom and confirms that the terms and conditions thereof conform to the will of the Assignee.

  • FINDINGS OF FACT 17 1. The Arizona State Board of Respiratory Care Examiners is the duly constituted 18 agency for licensing and regulating of the practice ofrespiratory care in the State of Arizona and

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  • Description of Risks 3. The Parties understand and acknowledge that:

  • FINALITY AND EFFECT OF AGREEMENT This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Association unless expressly stated to the contrary herein, constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

  • Quality and Extent of Services The Board considered the terms of the Agreement, including the scope of advisory services provided under the Agreement. The Board noted that, under the Agreement, XXXX provides portfolio management services to the Fund and that, pursuant to a separate administrative services agreement, DIMA provides administrative services to the Fund. The Board considered the experience and skills of senior management and investment personnel and the resources made available to such personnel. The Board also considered the risks to XXXX in sponsoring or managing the Fund, including financial, operational and reputational risks, the potential economic impact to XXXX from such risks and XXXX’s approach to addressing such risks. The Board reviewed the Fund’s performance over short-term and long-term periods and compared those returns to various agreed-upon performance measures, including market index(es) and a peer universe compiled using information supplied by Morningstar Direct (“Morningstar”), an independent fund data service. The Board also noted that it has put into place a process of identifying “Funds in Review” (e.g., funds performing poorly relative to a peer universe), and receives additional reporting from XXXX regarding such funds and, where appropriate, XXXX’s plans to address underperformance. The Board believes this process is an effective manner of identifying and addressing underperforming funds. Based on the information provided, the Board noted that, for the one-, three- and five-year periods ended December 31, 2021, the Fund’s performance (Class A shares) was in the 1st quartile, 3rd quartile and 3rd quartile, respectively, of the applicable Morningstar universe (the 1st quartile being the best performers and the 4th quartile being the worst performers). The Board also observed that the Fund has outperformed its benchmark in the one-year period, has performed equal to its benchmark in the three-year period and has underperformed its benchmark in the five-year period ended December 31, 2021. Fees and Expenses. The Board considered the Fund’s investment management fee schedule, operating expenses and total expense ratios, and comparative information provided by Broadridge Financial Solutions, Inc. (“Broadridge”) and the Fee Consultant regarding investment management fee rates paid to other investment advisors by similar funds (1st quartile being the most favorable and 4th quartile being the least favorable). With respect to management fees paid to other investment advisors by similar funds, the Board noted that the contractual fee rates paid by the Fund, which include a 0.097% fee paid to DIMA under the Fund’s administrative services agreement, were lower than the median (1st quartile) of the applicable Broadridge peer group (based on Broadridge data provided as of December 31, 2021). The Board noted that the Fund’s Class A shares total (net) operating expenses (excluding 12b-1 fees) were expected to be lower than the median (2nd quartile) of the applicable Broadridge expense universe (based on Broadridge data provided as of December 31, 2021, and analyzing Broadridge expense universe Class A (net) expenses less any applicable 12b-1 fees) (“Broadridge Universe Expenses”). The Board also reviewed data comparing each other operational share class’s total (net) operating expenses to the applicable Broadridge Universe Expenses. The Board noted that the expense limitations agreed to by XXXX were expected to help the Fund’s total (net) operating expenses remain competitive. The Board considered the Fund’s management fee rate as compared to fees charged by XXXX to comparable DWS U.S. registered funds (“DWS Funds”), noting that XXXX indicated that it does not provide services to any other comparable DWS Funds. The information requested by the Board as part of its review of fees and expenses also included information about institutional accounts (including any sub-advised funds and accounts) and funds offered primarily to European investors (“DWS Europe Funds”) managed by DWS Group. The Board noted that XXXX indicated that DWS Group does not manage any institutional accounts or DWS Europe Funds comparable to the Fund. On the basis of the information provided, the Board concluded that management fees were reasonable and appropriate in light of the nature, quality and extent of services provided by DIMA.

  • Waiver of Unknown Claims This Agreement is intended to be effective as a general release of and bar to each and every Claim hereinabove specified. Accordingly, Executive hereby expressly waives any rights and benefits conferred by Section 1542 of the California Civil Code and any similar provision of any other applicable state law as to the Claims. Section 1542 of the California Civil Code provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Executive acknowledges that Executive later may discover claims, demands, causes of action or facts in addition to or different from those which Executive now knows or believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, Executive hereby waives, as to the Claims, any claims, demands, and causes of action that might arise as a result of such different or additional claims, demands, causes of action or facts.

  • Limitation of Liability and Disclaimer of Damages IN NO EVENT WILL THE STATE’S AGGREGATE LIABILITY TO CONTRACTOR UNDER THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT, EXCEED THE MAXIMUM AMOUNT OF FEES PAYABLE UNDER THIS CONTRACT. The State is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action.

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