Act 1978 Sample Clauses

Act 1978. Notwithstanding the provisions of subsections (1) and (2) of this section, where the land is subject to a notice pursuant to section 10(3) of the Land Conservation Act 1970 requiring that effect be given to a recommendation of the Land Conservation Council the Secretary may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved.
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Act 1978. For the purposes of this section Xxxxx Xxxxxxxx shall be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.
Act 1978. The RFAs have largely been a block to the creation of formal protected areas. • 84 per cent of the reserve system was in place before the RFAs. Many of newer parks were created either outside the RFA areas, or were created due to extensive community campaigns in spite of the RFAs.
Act 1978. In particular, an important driver for the sharing of information is the requirement under section 2C of the NHS Act for Health Boards to provide, or secure the provision of, Primary Medical Services. These Primary Medical Services are provided by GP Contractors to their Patients under a GMS Contract or PMS Agreement, the terms of which are regulated by the GMS and PMS Regulations respectively. For each GP Contractor, the legislative drivers for sharing information are set out in the GMS or PMS Regulations and reflected in their GP Contract. These Primary Medical Services include (where necessary and appropriate) the referral of Patients for other services under the NHS Act and liaison with other health care professionals involved in the treatment and care of Patients. The GMS and PMS Regulations have specific provisions which describe component types of service. Information for any of these component types may need to be shared for full service delivery. These regulatory drivers inform seven core purposes which information is processed for. These purposes can be realised by use of any or all of nine formal categories of information. Specific provisions of the GMS and PMS regulations, the core purposes, and the information categories are detailed in Appendix 2 and 3. The purpose of the Processing and of the sharing of information covered by this Agreement is to deliver NHS Services. This purpose includes, but is not limited to, the following sub-categories:
Act 1978. In accordance with the requirements of s 17C of the Act: immediately before the commencement of the Act, the Premises were used for the Permitted Use, being a purpose other than for which the Land is reserved; and the trustees, committee of management or Director-General of Conservation, Forests and Lands or a person authorized by such Director-General (as applicable and as per the Act) has certified before the expiration of one year after the commencement of the Act that the habitual use had taken place immediately before the commencement of the Act.
Act 1978. In accordance with the requirements of s 22 of the Act, the Governor in Council on the recommendation of the trustees or committee of management (as applicable) and by Order of [insert date] notified in the Government Gazette on [insert date] approved the grant of the lease for a term not exceeding 21 years.
Act 1978. A notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated under s 137 of the Land Xxx 0000. [Drafting note: Delete Recital F if this lease is not being granted under ss 134 and 134A of the Land Act 1958.] As required by the Landlord, a notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated. [Drafting note: This Recital only applies where the Landlord requires gazettal notwithstanding that gazettal is not a statutory requirement. Delete Recital G if the Landlord does not require gazettal.] The Landlord and the Tenant acknowledge that s 134A(2) has been satisfied. [Drafting note: Delete Recital H if this lease is not being granted under s 134A of the Land Act 1958.] The Minister has consulted with [insert name of local Council]. [Drafting note: Delete Recital I if this lease is not being granted under s134A of the Land Act 1958.] Planning Scheme [insert the applicable planning scheme] applies to the Land, and the Minister has consulted with the Minister administering the Planning and Environment Xxx 0000, as the responsible authority. [Drafting note: Recital J applies to leases granted under s 134A of the Land Xxx 0000 where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority. Delete Recital J if this is not such a lease.] Under s 51(1) of the Act, this Lease has been recommended by the land manager under the Act. [Drafting note: Delete Recital K if this lease is not being granted under s 51(1) of the Forests Act 1958.] Under s 51(2) of the Act, the Minister is satisfied that: the proposed use, development, improvements and/or works that are specified in this Lease are of a substantial nature and of a value that justifies the Term; and the Term is in the public interest. [Drafting note: Delete Recital L if this lease is not being granted under s 51(2) of the Forests Act 1958.] The Tenant is a Carrier and wishes to use the Premises for the Permitted Use under and in accordance with the Telecommunications Act. The Landlord has a...
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Act 1978. All functions of health boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978, other than Section 2CB(1) and (2) (provision of a service outside Scotland); Section 17L(1) (power to enter into a general medical services contract); Section 47

Related to Act 1978

  • Fraudulent Conveyance Borrower (a) has not entered into the Loan or any Loan Document with the actual intent to hinder, delay, or defraud any creditor and (b) received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed Borrower’s total liabilities, including, without limitation, subordinated, unliquidated, disputed or contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the execution and delivery of the Loan Documents, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities or its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the execution and delivery of the Loan Documents will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur debts and liabilities (including, without limitation, contingent liabilities and other commitments) beyond its ability to pay such debts as they mature (taking into account the timing and amounts to be payable on or in respect of obligations of Borrower).

  • No Fraudulent Conveyance No sale or contribution hereunder constitutes a fraudulent transfer or conveyance under any United States federal or applicable state bankruptcy or insolvency laws or is otherwise void or voidable under such or similar laws or principles or for any other reason.

  • et seq If MPS determines that Contractor has disclosed any student record information in violation of either federal or state law, without prejudice to any other rights or remedies the MPS may have, MPS shall be entitled to immediately terminate this and every other existing Contract without further liability. Moreover, MPS may bar Contractor from future MPS contracts for varying periods up to and including permanent debarment.

  • Solvency; Fraudulent Conveyance CAC is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. CAC does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. CAC does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official to manage or control any of its assets. The amount of consideration being received by CAC upon the sale or other absolute transfer of the Conveyed Property to Funding constitutes reasonably equivalent value and fair consideration for the Conveyed Property. CAC is not transferring the Conveyed Property to Funding with any intent to hinder, delay or defraud any of its creditors.

  • Section 504 of the Rehabilitation Act of 1973 The Contractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as amended, and any applicable regulations. The Contractor agrees that no qualified individual with handicaps shall, solely on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance from HUD.

  • Bribery Act We fully comply with the Xxxxxxx Xxx 0000, and will not accept any form of payment, gift or service, the intention of which could be considered to result in the improper performance of Our obligations to You. If We reasonably believe that You have attempted to offer a bribe We will terminate Our agreement with You.

  • Corrupt or Fraudulent Practices 2.31.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows;

  • Corrupt Practices 3.1 The government requires that the bidders, suppliers, sub contractors and supervisors observe the highest standards of ethics during the execution of such contracts. In this pursuit of this policy, the government; Defines for the purpose of this provision, the terms set forth below as follows:

  • Call Protection In the event all or any portion of the principal of the Loans is (i) voluntarily prepaid under Section 2.1(c), (ii) prepaid under Section 2.3(a) (other than as a result of any Disposition pursuant to clause (g) or (h) of the definition of “Permitted Dispositions”), Section 2.3(b) (other than as a result of receipt of any Extraordinary Receipts under clause (a) or (b) of the definition thereof) or Section 2.3(c), (iii) accelerated in accordance with Article XI (including, without limitation, automatic acceleration upon an Event of Default under Section 10.6 or operation of law upon the occurrence of a bankruptcy or insolvency event) or (iv) satisfied or released by foreclosure (whether by power of judicial proceeding) or deed in lieu of foreclosure, Borrowers shall be required to pay (A) the Make Whole Amount if such prepayment, acceleration, satisfaction or release occurs on or prior to the 30-month anniversary of the Closing Date or (B) the Applicable Prepayment Premium if such prepayment, acceleration, satisfaction or release occurs after the 30-month anniversary of the Closing Date (the Make Whole Amount, the Applicable Prepayment Premium, the Change of Control Premium and the Equity Claw Premium, as the case may be, the “Prepayment Premium”). It is understood and agreed that the Prepayment Premium applicable at the time of a prepayment, acceleration, satisfaction or release shall constitute part of the Obligations, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of each Lender’s lost profits as a result thereof. Any Prepayment Premium payable under the terms of this Agreement shall be presumed to be the liquidated damages sustained by each Lender as the result of the early termination, and Borrowers agree that it is reasonable under the circumstances currently existing. EACH LOAN PARTY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE FOREGOING PREPAYMENT PREMIUM IN CONNECTION WITH SUCH PREPAYMENT PREMIUM OR ACCELERATION. Borrowers expressly agree (to the fullest extent that they may lawfully do so) that: (A) the Prepayment Premium is reasonable and is the product of an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) the Prepayment Premium shall be payable notwithstanding the then-prevailing market rates at the time payment is made; (C) there has been a course of conduct between Lenders and Borrowers giving specific consideration in this transaction for such agreement to pay the Prepayment Premium; and (D) Borrowers shall be estopped hereafter from claiming differently than as agreed to in this paragraph. Borrowers expressly acknowledge that their agreement to pay the Prepayment Premium to Lenders as herein described is a material inducement to Lenders to provide the Commitments and make the Loans. For the avoidance of doubt, Agent shall have no obligation to calculate, or to verify Borrowers’ or any Lender’s calculation of, any Prepayment Premium due under this Agreement.

  • Age Discrimination Act of 1975 The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

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