appropriate. Any reference in this Contract to "the parties" shall mean the Custodian and such other individual Fund as to which the matter pertains. 23.
appropriate. What is appropriate should be evaluated from the perspective of an objective, reasonable person. That is, would a reasonable person under similar circumstances deem the action appropriate. Professionalism Consists of appropriate appearance, demeanor, self-control and ethical behavior.
appropriate. The Exclusive Representative shall represent all such employees of the district contained in this appropriate unit as defined in Article III, Section 2, of this Agreement with the P.E.L.R.A. and in certification by the Director of Mediation Services, if any.
appropriate. Buyer shall pay all charges and expenses, including those of the Exchange Agent in connection with the distribution of the Merger Consideration as provided in Section 3.1.
appropriate. Every temporary Security shall be executed by the Issuer and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Securities. Without unreasonable delay the Issuer shall execute and shall furnish definitive Securities of such series and thereupon temporary Securities of such series may be surrendered in exchange therefor without charge at each office or agency to be maintained by the Issuer for that purpose pursuant to Section 3.2, and the Trustee shall authenticate and deliver in exchange for such temporary Securities of such series a like aggregate principal amount of definitive Securities of the same series of authorized denominations. Until so exchanged, the temporary Securities of any series shall be entitled to the same benefits under this Indenture as definitive Securities of such series.
appropriate. Releases of Confidential Information" have been obtained by Presenters for all client materials that will be used or recorded as part of this presentation. The responsibility for protecting client confidentiality rests with Presenters.
appropriate. Sympathetic, or fitting, to the context of the site and the whole community.
appropriate. The Collateral Agent shall be authorized at any such sale (if it deems it advisable to do so) to restrict the prospective bidders or purchasers to Persons who will represent and agree that they are purchasing the Collateral for their own account for investment and not with a view to the distribution or sale thereof, and upon consummation of any such sale the Collateral Agent shall have the right to assign, transfer and deliver to the purchaser or purchasers thereof the Collateral so sold. Each such purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of any Pledgor, and, to the extent permitted by applicable law, the Pledgors hereby waive all rights of redemption, stay, valuation and appraisal any Pledgor now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. The Collateral Agent shall give a Pledgor at least 10 days' prior written notice (which each Pledgor agrees is reasonable notice within the meaning of Section 9-504(3) of the Uniform Commercial Code as in effect in the State of New York or its equivalent in other jurisdictions) of the Collateral Agent's intention to make any sale of such Pledgor's Collateral. Such notice, in the case of a public sale, shall state the time and place for such sale and, in the case of a sale at a broker's board or on a securities exchange, shall state the board or exchange at which such sale is to be made and the day on which the Collateral, or portion thereof, will first be offered for sale at such board or exchange. Any such public sale shall be held at such time or times within ordinary business hours and at such place or places as the Collateral Agent may fix and state in the notice of such sale. At any such sale, the Collateral, or portion thereof, to be sold may be sold in one lot as an entirety or in separate parcels, as the Collateral Agent may (in its sole and absolute discretion) determine. The Collateral Agent shall not be obligated to make any sale of any Collateral if it shall determine not to do so, regardless of the fact that notice of sale of such Collateral shall have been given. The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. In case any...
appropriate. What is appropriate should be evaluated from the perspective of an objective, reasonable person. That is, would a reasonable person under similar circumstances deem the action appropriate. Professionalism Consists of appropriate appearance, demeanor, self-control and ethical behavior. Appendix F Evaluation Pilot Sidebar – 2023/2024 – 2025/2026 The Inter-Lakes School Board and the Inter-Lakes Education Association agree that, for the duration of the 2023-2026 collective bargaining agreement (“CBA”) between the parties, members of the bargaining unit may elect to be evaluated under the process outlined in Article 22 of the CBA or under the process outlined in the following “Evaluation Pilot.” In the absence of a clear election, an employee will be evaluated in accordance with the process outlined in Article 22. In the event an individual requests to convert to the Evaluation Pilot process after an evaluation in accordance with Article 22 has already begun, the District may grant such request within its discretion. This Sidebar shall go into effect on July 1, 2023 and remain in effect until midnight, June 30, 2026, unless mutually extended by the parties. Evaluation Pilot Teachers shall be employed on a year-to-year basis and will be informally and formally observed and formally evaluated as described in the chart below. The table below provides a summary of the Teacher observation and evaluation process. Following the table are detailed descriptions of terms and elements of the Teacher Evaluation system. Teacher Observation and Evaluation Process Teacher Description Summary of Process* New to District Teacher ⮚ By September 30th - Submits Professional Growth Plan for approval by September 30th of first year of hire. ⮚ By March 1st - Formally observed by an assigned Administrator minimally five (5) times and a maximum of ten (10) each year as a New to District Teacher. Formal observations are unannounced and use a “mini-observation” format. Formal observations are completed by March 1 of the evaluation year. ⮚ Informally observed ongoing basis. ⮚ By March 15th - Evaluation summary of overall performance provided by March 15th of each evaluation year. Experienced District Teacher ⮚ By September 30th - Submits Professional Growth Plan for approval by September 30th. ⮚ By March 1st - Formally observed by an assigned Administrator minimally five (5) times and a maximum of ten (10) during the evaluation year. Formal observations are unannounced and use a “mini-obs...
appropriate. 70 Parties cannot limit a judicial inquiry into the providency of pleas, nor can parties limit the judicial inquiry into a plea agreement itself. To allow parties to limit the Care inquiry is equivalent to allowing them to negotiate away the fundamental processes and protections of the court-martial. Just as parties cannot agree to a jury of orangutans, parties cannot handcuff the judge’s inquiry into the facts of a guilty plea.71 However, since the trial judge had ignored the pretrial agreement’s restriction on the Care inquiry, the illegal term had no effect, and the accused did not receive any relief.72 55 Xxxxxxxxxx, 513 U.S. at 204–05. 56 Id. at 204. 57 Id. at 204–05 (internal quotations and citations omitted). 58 63 X.X. 647, 648 (N-M. Ct. Crim. App 2006). 59 Id. While the accused objected to the evidence under the confrontation clause, the courts found that his objection was subsumed by his hearsay waiver. Id. 60 Id.; see also United States x. Xxxxxx, 29 X.X. 379 (C.M.A. 1990) (permitting a pretrial agreement in which the accused waived his rights to object to hearsay and confrontation clause issues). 61 59 X.X. 758 (N-M. Ct. Crim. App. 2004) 62 As discussed in Part II, RCM 705(c)(2)(E) does allow an accused to waive the Government’s production of sentencing witnesses. In such cases, the defense remains free to present alternative means of testimony or to have the witness testify at no expense to the Government. See infra Part II. There is a significant difference between preventing the accused from presenting sentencing evidence and merely relieving the Government of the burden of production. 63 Xxxxxxx, 59 X.X. at 760. 64 Id. 65 58 X.X. 49 (C.A.A.F. 2003). At the time, prior to 2006, investigators could not talk to a Soldier without first coordinating with a defense counsel. See United States x. Xxxxx, 64 X.X. 118 (C.A.A.F. 2006). 66 Xxxxxxx, 58 X.X. at 50. 67 See United States v. Care, 40 C.M.R. 247 (C.M.A. 1969). 68 Xxxxxxx, 58 X.X. at 50. 69 Id. 70 Id. at 51. 71 Id. 72 Id. Interestingly, the court did not object to the pretrial agreement’s limitation on the accused’s unsworn statement.73 Noting that the accused entered the agreement voluntarily and knowingly, the court did not find that the agreement’s limitations on the accused’s unsworn statement deprived him of a “complete sentencing proceeding” under RCM 705.74 However, even though the CAAF may have accepted a pretrial agreement term restricting the evidence an accused could present in an u...
