Acquisitions Outside the Area of Interest Sample Clauses

Acquisitions Outside the Area of Interest. (a) The Members agree that the Board of Managers may from time to time consider and approve by Special Majority Decision in accordance with Section 5.16(m), the acquisition on behalf of the Company of Mineral Rights, surface and subsurface rights and interests, and/or other ancillary rights and interests, including rights and interests with respect to water, access, and use, outside the Area of Interest (such acquisition, an "Acquisition"). (b) Each Member and its Affiliates shall be free to acquire Mineral Rights, surface and subsurface rights and interests, and/or other ancillary rights and interests, including rights and interests with respect to water, access, and use, over areas falling wholly outside the Area of Interest without first offering the opportunity to acquire such Mineral Rights, surface and subsurface rights and interests, and/or other ancillary rights and interests, including rights and interests with respect to water, access, and use, outside the Area of Interest to the Company. Notwithstanding the foregoing, no Member or Affiliate thereof or any Person acting jointly or in concert with the Member or an Affiliate thereof may acquire or attempt to acquire such rights (or any interest therein) in the event that such rights are subject to a potential Acquisition which has then been proposed to the Board of Managers in writing by the Management Team or by another Member prior to the date of such first Member's (or its Affiliate's) acquisition of such rights, until the earlier of: (i) the rejection by the Board of Managers of such proposed Acquisition; or (ii) the date that is 60 days after such proposed Acquisition was first formally proposed to the Board of Managers. (c) To the extent that a Member or its Affiliates acquires any Mineral Rights, surface and subsurface rights and interests, and/or other ancillary rights and interests, including rights and interests with respect to water, access, and use notwithstanding the restriction described in Section 12.3(b), such Member shall be deemed to hold, directly or indirectly, any such rights in trust for the Company until the date described in Section 12.3(b). (d) A Member may not propose an Acquisition if it has previously proposed to make such Acquisition in the prior 180 days.
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Acquisitions Outside the Area of Interest. (1) The Participating Groups agree that the Management Committee may consider and approve from time to time the acquisition on behalf of the Joint Venture of Mineral Rights, surface rights or ancillary rights, including water rights, outside the Area of Interest (such acquisition, an “Extra-AOI Acquisition”). (2) Each member of a Participating Group or any of its Affiliates shall be free to acquire Mineral Rights, surface rights or ancillary rights, including water rights, outside the Area of Interest without first offering the opportunity to acquire such Mineral Rights, surface rights or ancillary rights outside the Area of Interest to the Service Provider or any JV Company. Notwithstanding the foregoing, however, no member of a Participating Group or any of its Affiliates or any Person acting jointly or in concert therewith may acquire or attempt to acquire such rights (or any interest therein) in the event that such rights are subject to a potential Extra-AOI Acquisition which has already been proposed in writing to the Management Committee but has not yet been rejected by the Management Committee, provided that any potential Extra-AOI Acquisition which has not been accepted or rejected by the Management Committee within 120 days of being proposed in writing to the Management Committee will be deemed for purposes of this section 15.2(2) to have been rejected by the Management Committee.
Sample 1

Related to Acquisitions Outside the Area of Interest

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Additional Land All xxxxxxxxxx xxxxx, xxxxxxx and development rights hereafter acquired by Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument;

  • RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES The Allottee hereby agrees to purchase the [Apartment/Plot] on the specific understanding that is/her right to the use of Common Areas shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time.

  • GENERAL WORKING CONDITIONS Section 18-1. Employment begins and ends at each project site. Section 18-2. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Employer, it being understood that in the selection of such foremen and/or general foremen the Employer will give primary consideration to the qualified individuals available in the local area. After giving such consideration, the Employer may select such individuals from other areas. All foremen shall take orders from the designated Employer representatives. Craft foremen shall be designated working foremen at the request of the Employer. Section 18-3. There shall be no limit on production by employees nor restrictions on the full use of tools or equipment. Employees using tools shall perform any of the work of the trade and shall work under the direction of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations. Section 18-4. Employees shall be at their place of work at the starting time and shall remain at their place of work performing their assigned functions under the supervision of the Employer until quitting time. The parties reaffirm their policy of a fair day’s work for a fair day’s wage. Section 18-5. All equipment assigned to a project shall be under the control of the Employer. The Employer shall have the right to determine how many pieces of equipment an individual employee shall operate. In an emergency, foremen shall operate any equipment assigned by the Employer, and there shall be no restriction on foremen in the use of the tools of his or her craft in such emergency. The foremen shall be from the craft normally operating the equipment. In accordance with currently recognized craft jurisdiction, the Employer shall determine the assignment of employees to start, stop, and maintain small portable construction equipment. Such work may be assigned to craft employees within a reasonable distance of their primary duties or an employee may be assigned full time to start, stop and maintain the Employer’s small, portable equipment on the job site. There shall be no over xxxxxxx of this type of equipment. The number of employees assigned to rigging and scaffolding operations shall be at the sole discretion of the Employer. The ratio of journeyperson to welders shall be determined solely by the Employer. Section 18-6. The Employer may utilize the most efficient methods or techniques of construction, tools or other labor saving devices to accomplish the work. Practices not a part of the terms and conditions of this Agreement, stand by crews and feather bedding practices will not be recognized. Section 18-7. It is recognized that specialized or unusual equipment may be installed and/ or serviced by individuals who have special training, skill, or qualifications and are not covered by this Agreement. Testing, inspection, or service performed on plant equipment under warranty may be performed by the vendor’s personnel. Section 18-8. Neither the Union nor its local unions shall coerce or in any way interfere with the Owner’s personnel, operation or facilities at the plant site. The Owner’s right to contract directly with other companies for work at the plant site shall not be limited, and the Union shall cooperate and not interfere with the Employer’s operations. Section 18-9. It is agreed that overtime is undesirable and not in the best interest of the industry or the employees; therefore, except in unusual circumstances, overtime will not be worked. Where unusual circumstances do exist, however, the Employer will have the right to assign specific employees and/or crews to perform such overtime work as is necessary to accomplish the job. Section 18-10. There will be no rest periods, organized coffee breaks or other non-working time established during working hours. Section 18-11. Individual seniority shall not be recognized or applied to employees working on projects under this Agreement. Section 18-12. The Employer shall establish such reasonable project rules as the Employer deems appropriate. These rules will be reviewed at the pre-job conference and posted at the project site by the Employer, and may be amended thereafter as necessary.

  • Permitted and Required Uses/Disclosures of PHI 3.1 Except as limited in this Agreement, Business Associate may use or disclose PHI to perform Services, as specified in the underlying grant or contract with Covered Entity. The uses and disclosures of Business Associate are limited to the minimum necessary, to complete the tasks or to provide the services associated with the terms of the underlying agreement. Business Associate shall not use or disclose PHI in any manner that would constitute a violation of the Privacy Rule if used or disclosed by Covered Entity in that manner. Business Associate may not use or disclose PHI other than as permitted or required by this Agreement or as Required by Law. 3.2 Business Associate may make PHI available to its employees who need access to perform Services provided that Business Associate makes such employees aware of the use and disclosure restrictions in this Agreement and binds them to comply with such restrictions. Business Associate may only disclose PHI for the purposes authorized by this Agreement: (a) to its agents and Subcontractors in accordance with Sections 9 and 17 or, (b) as otherwise permitted by Section 3. 3.3 Business Associate shall be directly liable under HIPAA for impermissible uses and disclosures of the PHI it handles on behalf of Covered Entity, and for impermissible uses and disclosures, by Business Associate’s Subcontractor(s), of the PHI that Business Associate handles on behalf of Covered Entity and that it passes on to Subcontractors.

  • PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

  • Union Activity on Premises and/or Access to Premises The Union agrees that neither it, nor its officers, agents, representatives and members will engage in the solicitation of members, holding of meetings or any other Union activities on Hospital premises or on Hospital time without the prior approval of the Hospital, except as specifically provided for in this Agreement. Such approval will not be unreasonably denied.

  • Use of Basement and Service Areas The basement(s) and service areas, if any, as located within the

  • Common Areas - Definition The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Industrial Center and interior utility raceways within the Premises that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor, Lessee and other lessees of the Industrial Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas.

  • Additional Facilities If any structural additions or change in use shall be made to the buildings or other improvements included in the Project Facility subsequent to the date hereof (other than the initial construction of the Building contemplated by the Project), or if any additional buildings or improvements shall be constructed on the Land other than the Building (such change of use, new structures, structural additions, buildings and improvements being referred to hereinafter as “Additional Facilities”), the Obligor agrees that its PILOT Obligations hereunder shall be increased by an amount, as determined by the Agency or a tax assessor selected by the Agency, equal to the increased tax payments, if any, that would have been payable on such increase if this Agreement were not in effect. Nothing herein shall constitute the Agency’s consent to the construction of any such additions or additional buildings or improvements or to such change of use.

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