Applicant Violator System Sample Clauses

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members (by permit block or
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Applicant Violator System. Neither the Company, any of the Company Subsidiaries, nor any Person “owned or controlled” by the Company or any of the Company Subsidiaries, nor to the knowledge of the Company, any Person which “owns or controls” the Company or the Company Subsidiaries, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
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Applicant Violator System. Each Partner represents and warrants that such Partner, and its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining (collectively, "Partner Entities") are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"). No Partner will allow to exist any violation of SMCRA or any comparable state law at any operation of a Partner Entity that would cause the other Partner or its Partner Entities to be permit blocked. Any Partner Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Partner within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days; provided, however, that if the permit block does not then or thereafter adversely affect the other Partner (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings.
Sample 1
Applicant Violator System. Neither the Parent nor Merger Sub, nor any Person “owned or controlled” by Parent or Merger Sub, nor to the knowledge of Parent, any Person that “owns or controls” the Parent or Merger Sub, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Sample 1
Applicant Violator System. Neither Buyer, nor any Person “owned or controlled” by Buyer, nor to the knowledge of Buyer, any Person that “owns or controls” Buyer, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive surface mining permits; or (b) under investigation to determine whether its eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Sample 1
Applicant Violator System. (a) The parties hereto acknowledge that the Company and its subsidiaries are subject to the Applicant Violator System and the requirements for permits to conduct surface coal mining and reclamation operations ("Permits") described in 30 C.F.R. Section 773 (together with any successor statutory or regulatory provisions, "AVS"). As a result of AVS, an applicant for Permits may be denied permits ("Permit Blocked") because of ownership or control links to another entity. (b) Each party hereto shall promptly notify the Company and the other parties hereto of (i) any change in its ownership or other event which would affect the determination of ownership or control links pursuant to AVS and (ii) any determination that an entity to which it has ownership or control links is Permit Blocked. (c) In the event that the Company or a subsidiary becomes Permit Blocked by reason of the stock ownership of a Stockholder, such Stockholder shall use all commercially reasonable efforts to, within 180 days after notice from the Company or any other Stockholder, cure the circumstances so that the Company and its subsidiaries are not Permit Blocked by reason of such stock ownership. If such Stockholder is unable to cause such circumstances within such 180 day period, the Company shall have the option for a further 180 day period to purchase the Shares of such Stockholder at Fair Market Value with payment to be made by a subordinated note in the form attached hereto as Exhibit J. The Company shall give 60 days' notice of the exercise of such option (which 60 day period may extend beyond the 180 day cure period referenced in this Section 4.6(c)) and the valuation procedure described in Section 4.4 shall commence on the date of such notice. (d) In the event that an entity to which a Stockholder has ownership or control links becomes Permit Blocked by reason of its ownership or control link to the Company or a Subsidiary, any Stockholder may notify the Company of such circumstance and, if the Company or such Subsidiary is unable to remedy such circumstances within 180 days after the giving of such notice, any Stockholder whose investments are Permit Blocked as a result of such circumstance shall have the right to dispose of its shares without regard to the restrictions and requirements of Sections 3.1(a), 3.4, 3.6 or 3.7.
Sample 1
Applicant Violator System. No Person identified on the Applicant Violator System shall at any time be an owner of the Borrower or the Mines, or have any operational control of the Mines, or otherwise have any adverse affect on the right of the Borrower to transfer its rights in the Mines.
Sample 1
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Applicant Violator System. Each Venturer warrants that the Venturer, ------------------------- its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining are not currently "permit blocked" pursuant to the Surface Mining Reclamation and Control Act of 1977 ("SMCRA"). Bluegrass warrants that no unabated violation of SMCRA or its state counterpart exists at the Patriot Mine on the Effective Date that would cause either or both of the Venturers to be "permit blocked".
Sample 1
Applicant Violator System. No direct or indirect owner of the Borrower or the Mine, or person having any operational control of the Mine, or any other Person that could adversely affect the transfer of any of the Borrower’s rights in the Mine is listed on the Applicant Violator System.
Sample 1

Related to Applicant Violator System

  • Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Xxxx, Hurricane Xxxxxxx, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

  • Repeat Violations Xxxxxxx agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • Signaling Link Transport 9.2.1 Signaling Link Transport is a set of two or four dedicated 56 kbps transmission paths between Global Connection-designated Signaling Points of Interconnection that provide appropriate physical diversity.

  • AIR OR WATER POLLUTION VIOLATION Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

  • Intrusion Detection All systems involved in accessing, holding, transporting, and protecting DHCS PHI or PI that are accessible via the Internet must be protected by a comprehensive intrusion detection and prevention solution.

  • Policy Compliance Violations The Requester and Approved Users acknowledge that the NIH may terminate the DAR, including this Agreement and immediately revoke or suspend access to all controlled-access datasets subject to the NIH GDS Policy at any time if the Requester is found to be no longer in agreement with the principles outlined in the NIH GDS Policy, the terms described in this Agreement, or the Genomic Data User Code of Conduct. The Requester and PI agree to notify the NIH of any violations of the NIH GDS Policy, this Agreement, or the Genomic Data User Code of Conduct data within 24 hours of when the incident is identified. Repeated violations or unresponsiveness to NIH requests may result in further compliance measures affecting the Requester. The Requester and PI agree to notify the appropriate DAC(s) of any unauthorized data sharing, breaches of data security, or inadvertent data releases that may compromise data confidentiality within 24 hours of when the incident is identified. As permitted by law, notifications should include any known information regarding the incident and a general description of the activities or process in place to define and remediate the situation fully. Within 3 business days of the DAC notification(s), the Requester agrees to submit to the DAC(s) a detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specific information on timelines anticipated for action. The Requester agrees to provide documentation verifying that the remediation plans have been implemented. Repeated violations or unresponsiveness to NIH requests may result in further compliance measures affecting the Requester. NIH, or another entity designated by NIH may, as permitted by law, also investigate any data security incident or policy violation. Approved Users and their associates agree to support such investigations and provide information, within the limits of applicable local, state, tribal, and federal laws and regulations. In addition, Requester and Approved Users agree to work with the NIH to assure that plans and procedures that are developed to address identified problems are mutually acceptable and consistent with applicable law.

  • Infrastructure Vulnerability Scanning Supplier will scan its internal environments (e.g., servers, network devices, etc.) related to Deliverables monthly and external environments related to Deliverables weekly. Supplier will have a defined process to address any findings but will ensure that any high-risk vulnerabilities are addressed within 30 days.

  • Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.

  • Smoke Free Environment The Lessor shall make all parts of the leased premise smoke-free. "

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

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