Applicable Requirements. The (i) terms of the Mortgage and Mortgage Note related to each Mortgage Loan, (ii) the federal, state, local and foreign laws, statutes, rules, regulations, ordinances, standards, requirements, administrative rulings, orders and processes pertaining to Mortgage Loans, including but not limited to those pertaining to the processing, origination and servicing of the Mortgage Loans and the servicer’s policies and procedures, (iii) the requirements of a Primary Mortgage Insurer (if any) with respect to the processing, origination, insuring, servicing or filing of claims in connection with the Mortgage Loans, (iv) the requirements of the Owner as set forth in this Agreement, and (v) the reasonable and customary mortgage servicing practices of prudent mortgage lending institutions which service mortgage loans of the same type as the Mortgage Loans in the jurisdictions in which the related Mortgaged Properties are located.
Applicable Requirements. The Buyer is responsible for ensuring, at its expense, and warrants that the BFE will:
(i) be manufactured by either a BFE Supplier referred to in the Airbus BFE Product Catalog or an Approved BFE Supplier, and
(ii) meet the requirements of the applicable Specification of the Aircraft, and
(iii) be delivered with the relevant certification documentation, including but not limited to the DDP, and
(iv) comply with the BFE Engineering Definition, and
(v) comply with applicable requirements incorporated by reference to the Type Certificate and listed in the Type Certificate Data Sheet, and
(vi) be approved by the Aviation Authority issuing the Export Certificate of Airworthiness and by the Buyer’s Aviation Authority for installation and use on the Aircraft at the time of Delivery of the Aircraft, and
(vii) not infringe any patent, copyright or other intellectual property right of the Seller or any third party, and
(viii) not be subject to any legal obligation or other encumbrance that may prevent, hinder or delay the installation of the BFE in the Aircraft and/or the Delivery of the Aircraft. The Seller will be entitled to refuse any item of BFE that it considers incompatible with the Specification, the BFE Engineering Definition or the certification requirements.
Applicable Requirements. The Awardee shall comply with all applicable requirements of federal, state, and local laws and regulations, including all applicable requirements of law concerning civil rights, non- discrimination in employment and with respect to individuals with disabilities, equal opportunity and affirmative action programs, labor standards (including those under the Xxxxx-Xxxxx Act) and any other requirement of law applicable to the Awardee in connection with this agreement or otherwise. These requirements are further detailed in Exhibit B – CDBG Terms and Conditions.
A. The Awardee acknowledges that the distribution and use of the Program’s funds is subject to all HUD CDBG-NDR program requirements, including the regulations set forth under Title 24 CFR Part 570, including subpart I and K, as modified by FR-5696-N-01 and subsequent notices (collectively, the “CDBG Regs”). Where waivers or alternative requirements are provided for in the applicable Federal Register Notices published by HUD on March 5, 2013 (78 Fed. Reg. 14,329), April 19, 2013 (78 Fed. Reg. 23,578), May 29, 2013 (78 Fed. Reg. 32,262), August 2, 2013 (78 Fed. Reg. 46,999), and November 18, 2013 (78 Fed. Reg. 69,104) (“HUD Notices”), such requirements, including any regulations referenced therein, shall apply.
B. Awardee acknowledges that funds provided through this Award Agreement are Federal funds administered by HUD under the CDBG-NDR Award and that all funds provided by this Award Agreement are subject to audit, disallowance, and repayment. If HUD or the Virginia Department of Housing and Community Development (“DHCD”) finds any Award, to be ineligible, unallowable, unreasonable, a duplication of benefits, or non-compensable, no matter the cause, Awardee shall promptly return any and all funds to RISE. This clause shall survive indefinitely the termination of this Award Agreement for any reason by either Party.
C. The Awardee also agrees to comply with all other applicable Federal, State and local laws, regulations, HUD Notices, policies and guidelines, whether existing or to be established, provided the same are applied to activities occurring after the date the policy or guideline was established, governing the Grant funds provided under this Award Agreement. In the event a conflict arises between the provisions of this Award Agreement and any of the foregoing, the Federal, State and local laws, regulations, HUD Notices, policies and guidelines shall control and this Award Agreement shall be inter...
Applicable Requirements. See §7.10.
Applicable Requirements. 1. The servicing standards set forth in this Agreement and any modifications or other actions taken in accordance with these servicing standards are expressly subject to, and shall be interpreted in accordance with, (a) applicable federal, state, and local laws, rules, and regulations, including, but not limited to, any requirements of the state and federal banking regulators, (b) the terms of the applicable mortgage loan documents, (c) Section 201 of the Helping Families Save Their Homes Act of 2009, (d) the terms and provisions of the Servicer Participation Agreement with the Department of Treasury, (e) any servicing agreement, subservicing agreement under which Servicer services for others, special servicing agreement, mortgage or bond insurance policy or related agreement or requirements to which Servicer is a party and by which it or its servicing is bound pertaining to the servicing or ownership of the mortgage loans, including without limitation the requirements, binding directions, or investor guidelines of the applicable investor (such as Xxxxxx Xxx or Freddie Mac), mortgage or bond insurer, or credit enhancer, and (f) no- contact or cease-and-desist requests made by borrowers (collectively, the “Applicable Requirements”).
2. In the event of a conflict between the requirements of this Agreement and the Applicable Requirements with respect to any provision of this Agreement such that Servicer cannot comply without violating Applicable Requirements or being subject to adverse action, including fines and penalties, Servicer shall document the categories of such conflicts and notify the Executive Committee that it intends to comply with the Applicable Requirements to the extent necessary to eliminate the conflict. If the Executive Committee objects to Servicer’s assertion of the Applicable Requirements provision, the parties shall have a meet and confer within 20 days to discuss the dispute.
3. Unless otherwise specified, Servicer shall maintain all of the records, reports, data, and documentation referenced in this Agreement for the duration of this Agreement. Servicer shall maintain all of the call recordings referenced in Section VII.D.4 for a period of one year from the date of recording.
Applicable Requirements. In connection with managing the business and affairs of the Company, the Board and each Director shall consider applicable requirements for registration as a national securities exchange under Section 6(b) of the Exchange Act, including, without limitation, the requirements that (i) the Exchange Rules shall be designed to protect investors and the public interest and
Applicable Requirements. Deposits in and withdrawals from the fund are subject to the requirements included in the agreement or prescribed by the Secretary by regulation. How- ever, the Secretary may not require a person to deposit in the fund for a taxable year more than 50 percent of that portion of the person’s taxable income for that year (as determined under sec- tion 53505(a)(1) of this title) that is attributable to the operation of an agreement vessel. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1593.)
Applicable Requirements. The Buyer is responsible for ensuring, at its expense, and warrants that the BFE shall: • be manufactured by a qualified BFE Supplier, and • meet the requirements of the applicable Specification of the Aircraft, and • be delivered with the relevant certification documentation, including but not limited to the DDP, and • comply with the BFE Engineering Definition, and • comply with applicable requirements incorporated by reference to the Type Certificate and listed in the Type Certificate Data Sheet, and • be approved by the Aviation Authority issuing the Export Airworthiness Certificate and by the Buyer’s Aviation Authority for installation and use on the Aircraft at the time of Delivery of the Aircraft, and • not infringe any patent, copyright or other intellectual property right of the Seller or any third party, and • not be subject to any legal obligation or other encumbrance that may prevent, hinder or delay the installation of the BFE in the Aircraft and/or the Delivery of the Aircraft. The Seller shall be entitled to refuse any item of BFE that it considers incompatible with the Specification, the BFE Engineering Definition or the certification requirements.
Applicable Requirements. To the extent any compensation granted under this Agreement is deemed “deferred compensation” and hence subject to Code Section 409A, the following rules shall apply to such compensation:
Applicable Requirements. The Buyer is responsible, **** to ensure that the BFE shall: • meet the requirements of the applicable Specification of the Aircraft, and • be delivered with the relevant certification documentation, including but not limited to the DDP, and • comply with the BFE Engineering Definition, and • comply with applicable requirements incorporated by reference to the Type Certificate and listed in the Type Certificate Data Sheet, and • be approved by the Aviation Authority issuing the Export Airworthiness Certificate and by the Buyer’s Aviation Authority for installation and use on the Aircraft at the time of Delivery of the Aircraft, and • not infringe any patent, copyright or other intellectual property right of the Seller or any third party, and • not be subject to any legal obligation or other encumbrance that may prevent, hinder or delay the installation of the BFE in the Aircraft and/or the Delivery of the Aircraft. The Seller shall be entitled to refuse any item of BFE that it considers incompatible with the Specification, the BFE Engineering Definition or the certification requirements.
