Additional Considerations. For each mediation or arbitration:
(i) Any mediation or arbitration will be held in New York, New York, at the offices of the mediator or arbitrator or at another location selected by CNHICA or the Seller. Any party or witness may participate by teleconference or video conference.
(ii) CNHICA, the Seller and the Requesting Party will have the right to seek provisional relief from a competent court of law, including a temporary restraining order, preliminary injunction or attachment order, if such relief is available by law.
(iii) Neither the Servicer, CNHICA nor the Seller will be required to produce personally identifiable customer information for purposes of any mediation or arbitration. The existence and details of any unresolved Repurchase Request, any informal meetings, mediations or arbitration proceedings, the nature and amount of any relief sought or granted, any offers or statements made and any discovery taken in the proceeding will be confidential, privileged and inadmissible for any purpose in any other mediation, arbitration, litigation or other proceeding. The parties will keep this information confidential and will not disclose or discuss it with any third party (other than a party’s attorneys, experts, accountants and other advisors, as reasonably required in connection with the mediation or arbitration proceeding under this Section 3.3), except as required by law, regulatory requirement or court order. If a party to a mediation or arbitration proceeding receives a subpoena or other request for information of the other party to the mediation or arbitration proceeding, the recipient will promptly notify the other party and will provide the other party with the opportunity to object to the production of its confidential information.
Additional Considerations. For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at XXXX.xxx.
Additional Considerations. The parties shall sign such further and other documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their vote and influence, do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part thereof.
Additional Considerations. For the avoidance of doubt, the restrictions on any action of the Indenture Trustee due to the Indenture Trustee’s reliance on an Officer’s Certificate, an Opinion of Counsel or the failure of any Noteholder or Verified Note Owner to provide reasonable security pursuant to Sections 6.2(b) and 7.5 of the Indenture shall not apply to this Section 3.1(d). For the avoidance of doubt, nothing in this Section 3.1(d) shall be binding on the Owner Trustee or the Grantor Trust Trustee or require the Owner Trustee or the Grantor Trust Trustee to participate in the ADR Proceeding.
Additional Considerations. 11.1 Right of Joinder Pursuant to NRS 332.195:
11.1.1 Any political subdivision within the State of Illinois may be granted the privilege of joining the awarded contract, only at the option of the Contractor. If the Contractor so grants such a privilege, the terms and conditions of the RFP documents, including the ensuing contract, may be passed on to the joining political subdivision by the Contractor.
11.1.2 The Contractor shall retain the unilateral right to allow or disallow any political subdivision the privilege of joining the awarded contract. In the event the Contractor allows another political subdivision to join the HA contract, it is expressly understood that the HA shall in no way be liable for the joining political subdivision obligations to the Contractor in any manner whatsoever.
Additional Considerations. If a Subrecipient does not have sufficient operating capital to operate the project on a reimbursement basis, OBO may provide a cash advance in accordance with the Working • Reimbursement is contingent on the continued compliance of the Subrecipient with all its financial and programmatic compliance and reporting duties. Failures or deficiencies in these activities can result in several punitive measures in response, including withholding funds, requiring more frequent reporting, terminating further funding and requesting the return of moneys transferred for expenditures deemed to be non-compliant with the grant or the terms of the Grant Agreement back to OBO. • If the Subrecipient submits a request for reimbursement, and OBO has insufficient funds remaining from the project appropriation, the Subrecipient will obtain or make available and apply other funds necessary to ensure the completion of the project and payment to vendors or subgrantees.
Additional Considerations. The Home Education Program Official as identified in this document and by their signature, along with the Dual Enrollment Coordinator, will certify that the student is meeting the requirements of the Home Education Program. • Students are strongly encouraged to complete academic advising each semester to ensure they are enrolled in the correct classes for their program of study. Tallahassee Community College advisors and the TCC Dual Enrollment Coordinator will continue to provide programs and services including, but not limited to, the areas of admission, placement testing, orientation, college course advising, financial aid, and career development • Tallahassee Community College does not advise on classes needed for high school completion or Florida Bright Futures eligibility. The Home Education Program Official should work directly with the county office and the Bright Futures to determine the student’s eligibility. The link to high school completion information and Florida Bright Futures is available at xxx.xxxxx.xxx. • It is the student’s responsibility to add and drop courses from their schedule within the designated timeframe in accordance with TCC’s Academic Calendar. • It is the student’s responsibility to understand the college’s withdrawal policy and its potential effect on the student’s academic transcript. Withdrawal dates are posted on the college’s website at xxx.xxx.xx.xxx . Withdrawal dates are generally at the semester midpoint. Withdrawals are not permitted after this date, so students who do not completed the course will receive an “F” on their permanent record. Students must submit a signed Course Withdrawal Form to the Dual Enrollment Coordinator in order to be withdrawn. • Once the student is enrolled in classes at TCC, all communications will be addressed directly to the student through his/her TCC e-account. • Before enrolling in the Dual Enrollment program, parents and students are encouraged to discuss the student’s academic and career goals and how those goals affect the classes the student takes at TCC. • Enrollment in courses not required for the intended major may contribute to a potential excess hour surcharge. Students should plan ahead to avoid excess hours surcharge. Section 1009.286, Florida Statutes, requires students who transfer to one of Florida’s state universities to earn their bachelor’s degrees in the most efficient way possible by avoiding excess credit hours. To avoid the excess hour surcharge, you should ident...
Additional Considerations. A. Neither the Employee, his or her beneficiary, nor any other person claiming through or under him or her shall have any right to commute, encumber, or dispose of the right to receive payments hereunder, all of which payments and the right thereto are expressly declared to be nonassignable. In the event of any attempted assignment or other disposition, all benefits hereunder are forfeited and Employer shall have no further liability to Employee hereunder. This paragraph shall not, however, restrict a beneficiary’s exercise of a power of appointment conferred upon such beneficiary by the Employee’s beneficiary designation.
B. This Agreement shall be binding upon and inure to the benefit of any successor of , including, but not limited to, any person, firm, corporation or other business entity which at any time, whether by merger, purchase, or otherwise acquires all or substantially all of the assets or business of , and upon the Employee and any other person claiming through or under the Employee.
C. shall have the discretionary authority and power to make all determinations as to the rights to benefits under this Agreement. Any decision by denying a claim by the Employee and any other person claiming through or under the Employee for benefits under this Agreement shall be stated in writing and delivered or mailed to the Employee or such other person. Such decision shall set forth the specific reasons for the denial, written to the best of ’s ability in a manner that may be understood without legal or actuarial counsel. In addition, shall afford a reasonable opportunity to the Employee or such other person for a full and fair review of the decision denying such claim.
D. This Agreement may not be amended, altered or modified, except by a written instrument signed by the parties hereto, or their respective successors or assigns, and may not be otherwise terminated except as provided herein.
E. The parties acknowledge and agree that, to the extent applicable, this Agreement shall be interpreted in accordance with section 409A of the Code and Department of Treasury Regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the Effective Date. Notwithstanding any provision of this Agreement to the contrary, in the event that Employer determines that any amounts payable hereunder will be immediately taxable to the Executive under section 409A of the Code and related...
Additional Considerations a. No faculty member shall be asked to teach more than one (1) academic subject during a class period.
b. Faculty members teaching in middle school or high school shall not be required to teach more than three (3) separate, unrelated academic classroom subjects.
Additional Considerations. A. The employee may or may not have sufficient vacation or sick leave to cover the extended medical leave period.
B. If the employee does not have sufficient paid leave to cover the period of recovery, the employee may receive donations of vacation or sick leave from other employees or the donated leave bank up to the limits set forth in Article 29.
C. If the employee is on unpaid leave, he/she will be responsible for submitting their entire monthly benefit payments to the Human Resource Department.
