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49A Sample Clauses

49AAs soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the [Authority’s Representative] (a “Malicious Damage Report”). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the [Authority’s Representative] an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.
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49AAs soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the Authority’s Representative (a “Malicious Damage Report”). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the Authority’s Representative an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.
49A. If the Authority's Representative agrees in accordance with Clause 49A.2 that a Service Event was caused by malicious damage by a person other than a DBFM Co Party, except when Clause 49A.3.3 applies, DBFM Co shall not Rectify the Service Event beyond what is required by Clause 49A.3.1 unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).
49AInitial Loan Agreement" shall mean that certain Loan and Security Agreement dated as of January 4, 2001 by and between Wachovia Capital Finance Corporation (New England) (f/k/a Congress Financial Corporation (New England)), Proliance International, Inc. (f/k/a Transpro, Inc.) and Ready Aire, Inc. (f/k/a Evap, Inc.) and all amendments thereto.
49A. 04 Upgrade Request: A request pursuant to Section 7.8 of Schedule 1 of the Operating Agreement, submitted in the form prescribed in Attachment EE of the Tariff, for evaluation by the Transmission Provider of the feasibility and estimated costs of, (a) a particular proposed Customer-Funded Upgrade or (b) the Customer-Funded Upgrades that would be needed to provide the Incremented Auction Revenue Rights specified in the request.
49A. Lease shall mean the lease of real property with the terms and conditions set forth on Exhibit D attached hereto.
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49A. If the Authority's Representative agrees in accordance with Clause 49A.2 that a Service Event was caused by malicious damage by a person other than a Sub-hubco Party, except when Clause 49A.3.3 applies, Sub-hubco shall not Rectify the Service Event beyond what is required by Clause 49A.3.1 unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).

Related to 49A

  • Family Medical Leave Act (FMLA A. The State acknowledges its commitment to comply with the spirit and intent of the leave entitlement provided by the FMLA and the California Family Rights Act (CFRA) referred to collectively as "FMLA." The State and the Union recognize that on occasion it will be necessary for employees of the State to take job- protected leave for reasons consistent with the FMLA. As defined by the FMLA, reasons for an FMLA leave may include an employee's serious health condition, for the care of a child, spouse, or parent who has a serious health condition, and/or for the birth or adoption of a child. B. For the purposes of providing the FMLA benefits the following definitions shall apply: 1. An eligible employee means an employee who meets the eligibility criteria set forth in the FMLA; 2. An employee's child means any child, regardless of age, who is affected by a serious health condition as defined by the FMLA and is incapable of self care. "Care" as provided in this section applies to the individual with the covered health condition;

  • Family Medical Leave Act The Board shall pay its share of the premiums for up to a total of twelve (12) weeks per year during an approved qualifying leave in accordance with the Family Medical Leave Act.

  • CIVIL RIGHTS ACT This Agreement is subject to the compliance requirements of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d) relating to nondiscrimination in Federally assisted programs. The Performer has signed an Assurance of Compliance with the nondiscriminatory provisions of the Act.

  • Pursuant to Section 3 03 of the Indenture Supplement, on each Distribution Date, the Indenture Trustee shall deposit into the Class A(2024-1) Interest Funding sub-Account the portion of Card Series Finance Charge Amounts allocable to the Class A(2024-1) Notes.

  • Pursuant to Section 2 1.(b) of the Credit Agreement, the Borrower hereby requests that the Lenders make Revolving Loans to the Borrower in an aggregate principal amount equal to $ .

  • Defined Term Section Company Stockholder Approval Section 4.05(a) Company Stockholders Recitals Company Stockholders’ Meeting Section 6.04(b) Company Tax Opinion Section 7.03(e) Confidentiality Agreement Section 6.05 D&O Insurance Section 6.08(b) DGCL Recitals DOJ Section 6.09(b) DOL Section 4.12(b) DTC Section 3.02(c) Effective Time Section 2.03 ERISA Section 4.12(a) ERISA Affiliate Section 4.12(e) Exchange Agent Section 3.02(a) Exchange Fund Section 3.02(a) Exchange Ratio Section 3.01(b) Foreign Corrupt Practices Act Section 4.24(a) Foreign Plans Section 4.12(a) Form S-4 Section 5.06(b) FTC Section 6.09(b) Indemnified Party Section 6.08(a) Intervening Event Section 6.06(e) IRS Section 4.12(b) Letter of Transmittal Section 3.02(c) Material Contract Section 4.17(a) Maximum Amount Section 6.08(b) Merger Recitals Merger Consideration Recitals Merger Shares Section 3.01(b) Merger Sub Preamble Notice Period Section 6.06(d) OFAC Section 4.24(a) Outside Date Section 8.01(b) Parent Preamble Parent Common Stock Recitals Parent Financial Statements Section 5.03(a) Parent Preferred Shares Section 4.04(a) Parent Tax Opinion Section 7.02(e) PBGC Section 4.12(b) Permits Section 4.07(b) Plan Section 4.12(a) Proxy Statement Section 4.25 Surviving Corporation Recitals Termination Date Section 8.01 Uncertificated Company Shares Section 3.02(c)

  • Pursuant to Section 4 01, any amounts collected by a Servicer or the Master Servicer under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with the related Servicing Agreement) shall be deposited into the Distribution Account, subject to withdrawal pursuant to Section 4.03. Any cost incurred by the Master Servicer or the related Servicer in maintaining any such insurance (if the Mortgagor defaults in its obligation to do so) shall be added to the amount owing under the Mortgage Loan where the terms of the Mortgage Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Sections 4.01 and 4.03.

  • PLANNING ACT This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at Seller’s expense to obtain any necessary consent by completion.

  • Pursuant to Section 2.1 of this Agreement, the Seller conveyed to the Trust all of the Seller’s right, title and interest in its rights and benefits, but none of its obligations or burdens, under the Purchase Agreement including the Seller’s rights under the Purchase Agreement and the delivery requirements, representations and warranties and the cure or repurchase obligations of AmeriCredit thereunder. The Seller hereby represents and warrants to the Trust that such assignment is valid, enforceable and effective to permit the Trust to enforce such obligations of AmeriCredit under the Purchase Agreement. Any purchase by AmeriCredit pursuant to the Purchase Agreement shall be deemed a purchase by the Seller pursuant to this Section 3.2 and the definition of Purchased Receivable.

  • Short Term Paid Leaves The parties agree that the issue of Short Term Paid Leaves had been addressed at the Central Table and the provisions shall remain status quo to provisions in current local collective agreements. For clarity, any leave of absence in the 2008-12 Collective Agreement, that utilizes deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. Local collective agreements that have more than (5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year. Such provisions shall not be subject to local bargaining or mid-term amendments between local parties. Notwithstanding this stipulation, local collective agreement terms will need to align with the terms above.

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