Arrest and Detention. No student accused of a Focused Act shall be placed in a secure facility unless approved by a juvenile court intake officer and District Court Judge. If a student meets the criteria for filing of a juvenile petition, it is presumed that the student will be released to his parent, guardian, custodian, or relatives to be returned to his legal caretaker. In accordance with the law, a judge or designee shall not detain a child unless the statutory factors for secure custody have been evaluated. The juvenile court employs a Detention Assessment Tool to determine the risk of re-offending on acts resulting in serious bodily injury, theft and property destruction. In the case of criminal charges (age 16 and above), citations should be used unless safety and risk factors necessitate arrest and an initial appearance before the magistrate.

Arrest and Detention. If the Haewene Brim is at any time during the Lease Period: 12.25.1 arrested, seized, taken into custody or otherwise detained by any court or other tribunal or by any Government Entity (other than by a Compulsory Acquisition or any requisition for hire or any seizure, confiscation or forfeiture of the Haewene Brim by a Government Entity otherwise than in the exercise of any enforcement or security rights or by reason of a Lessor's Lien); or 12.25.2 subjected to distress or other legal proceedings by reason of any process, claim, the exercise of any rights conferred by a Lien or by any other action whatsoever (other than by reason of a Lessor's Lien), PPC shall procure the release of the Haewene Brim from such arrest, seizure or detention forthwith upon receiving notice thereof by providing bail or otherwise as the circumstances may require. The Lessor acknowledges and accepts that PPC shall, unless and until a Relevant Event shall have occurred which is continuing, have the sole right to contest any litigation, arbitration or administrative proceedings in respect of the foregoing and the Lessor shall, upon receipt of the written request from PPC and being secured to the Lessor's satisfaction against its costs and expenses of so doing, not unreasonably refuse to render all necessary assistance as PPC may reasonably require in connection therewith, provided however that the Lessor may, in its absolute discretion, refuse to permit its name or the name of the Bank to be used in any manner in any such litigation, arbitration or other proceedings.

Arrest and Detention. If the Rig is at any time during the Sub-Lease Period: (a) arrested, seized, taken into custody or otherwise detained by any person or by any court or other tribunal or by any Governmental Entity (other than by a Compulsory Acquisition or any requisition for hire or by reason of a Sub-Lessor's Encumbrance); or (b) subjected to distress or other legal proceedings by reason of any process, claim, the exercise of any rights conferred by an Encumbrance or by any other action whatsoever (other than by reason of a Sub-Lessor's Encumbrance), the Sub-Lessee shall procure the release of the Rig from such arrest, seizure or detention within twenty-one (21) days of receiving notice thereof by providing bail or otherwise as the circumstances may require. The Sub-Lessor acknowledges and accepts that the Sub-Lessee shall, unless and until a Termination Event shall have occurred which is continuing, have the sole right to contest any litigation, arbitration or administrative proceedings in respect of the foregoing subject to and in accordance with Clause 14.4 (Defence of Claims), mutatis mutandis.

Arrest and Detention. A. Except as noted in Article IV of this Annex and in the following paragraphs, only officers of the communal police shall have authority to arrest and detain individuals in the territory of Kosovo. Officers may use reasonable and necessary force proportionate to the circumstances for these purposes. Immediately upon making such arrests, communal police authorities shall notify the detention, and the location of the detainee, to the appropriate communal security commission. B. Border Police officers shall have authority within Kosovo to arrest and detain individuals who have violated criminal provisions of the immigration laws. Immediately upon arrest, Border Police officers shall notify the detention, and the location of the detainee to the appropriate communal security commission.

Arrest and Detention. 1. Except pursuant to Article V, Article I(3)(h), and sections (a)-(b) of this paragraph, only officers of the communal police shall have authority to arrest and detain individuals in Kosovo. (a) Border Police officers shall have authority within Kosovo to arrest and detain individuals who have violated criminal provisions of the immigration laws. (b) Officers of the Customs Service shall have authority within Kosovo to arrest and detain individuals for criminal violations of the customs laws. 2. Immediately upon making an arrest, the arresting officer shall notify the nearest Communal Criminal Justice Commission of the detention and the location of the detainee. He subsequently shall transfer the detainee to the nearest appropriate jail in Kosovo at the earliest opportunity. 3. Officers may use reasonable and necessary force proportionate to the circumstances to effect arrests and keep suspects in custody. 4. Kosovo and its constituent communes shall establish jails and prisons to accommodate the detention of criminal suspects and the imprisonment of individuals convicted of violating the laws applicable in Kosovo. Prisons shall be operated consistent with international standards. Access shall be provided to international personnel, including representatives of the International Committee of the Red Cross.

Arrest and Detention. No student accused of. a Focused Act shall be placed in. a secure facility unless approved by a juvenile court intake officer and District: Court Judge. If a student meets the criteria for filing of a juvenile petition, it is presumed that the student will be releasedto his parent, guardian, custodian, or xxxxxxxxxxx.xx returned to.his lega I ca xxxx xx r. . In accordance with the law, a judge or designee shall not detain a child unless the statutory factors for secure custody have been evaluated. The juvenile court employs a Detention Assessment Tool to determine the risk of re-offending on acts resulting in serious bodily injury, theft and property destruction .

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Calculations and Determinations The Calculation Agent shall in respect of each Series of Notes in relation to which it is appointed as such:
Accounting Terms and Determination Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statement of the Borrower delivered pursuant to Section 5.1(a); provided, that (a) obligations relating to a lease that were (or would be) classified and accounted for by Borrower and its Restricted Subsidiaries as an operating lease under GAAP as in effect on the Closing Date shall continue to be classified and accounted for as obligations relating to an operating lease and not as a capitalized lease notwithstanding Accounting Standards Codification 840 or Accounting Standards Codification 842 or any implementation thereof, and (b) if the Borrower notifies the Administrative Agent that the Borrower wishes to amend the Total Net Leverage Ratio, the Senior Secured Net Leverage Ratio or the First Lien Net Leverage Ratio to eliminate the effect of any change in GAAP occurring after the Closing Date on the operation of the Total Net Leverage Ratio, the Senior Secured Net Leverage Ratio or the First Lien Net Leverage Ratio, as applicable (or if the Administrative Agent notifies the Borrower that the Required Lenders wish to amend the Total Net Leverage Ratio, the Senior Secured Net Leverage Ratio or the First Lien Net Leverage Ratio for such purpose), then the Borrower’s calculation of the Total Net Leverage Ratio, the Senior Secured Net Leverage Ratio, the First Lien Net Leverage Ratio and/or compliance with the Financial Covenant, as applicable, shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or the Total Net Leverage Ratio, the Senior Secured Net Leverage Ratio, the First Lien Net Leverage Ratio and/or the Financial Covenant, as applicable, is amended in a manner satisfactory to the Borrower and the Required Lenders. Notwithstanding any other provision contained herein, (i) all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made, without giving effect to any election under FASB ASC 825 (or any other Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of the Borrower or any Restricted Subsidiary at “fair value”, as defined therein and (ii) there shall be excluded from any financial calculations hereunder or under any other Loan Document the Consolidated EBITDA, Consolidated Net Income, Cash and other assets of any Unrestricted Subsidiary, except to the extent actually distributed to the Borrower or any of its Restricted Subsidiaries by dividend or other distribution prior to such calculation.
Accounting Terms and Determinations Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.
DRUG ABUSE DETECTION AND DETERRENCE 2.18.1 It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by contractors while on City Premises is prohibited. Contractor shall comply with all the requirements and procedures set forth in the Mayor’s Drug Abuse Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31 (the “Executive Order”), which is incorporated into this Agreement and is on file in the City Secretary’s Office. 2.18.2 Before the City signs this Agreement, Contractor shall file with the Contract Compliance Officer for Drug Testing (“CCODT”): 2.18.2.1 a copy of its drug-free workplace policy; 2.18.2.2 the Drug Policy Compliance Agreement substantially in the form set forth in Exhibit “C”, together with a written designation of all safety impact positions; and 2.18.2.3 if applicable (e.g., no safety impact positions), the Certification of No Safety Impact Positions, substantially in the form set forth in Exhibit “D”. 2.18.3 If Contractor files a written designation of safety impact positions with its Drug Policy Compliance Agreement, it also shall file every 6 months during the performance of this Agreement or on completion of this Agreement if performance is less than 6 months, a Drug Policy Compliance Declaration in a form substantially similar to Exhibit “E”. Contractor shall submit the Drug Policy Compliance Declaration to the CCODT within 30 days of the expiration of each 6-month period of performance and within 30 days of completion of this Agreement. The first 6- month period begins to run on the date the City issues its Notice to Proceed or, if no Notice to Proceed is issued, on the first day Contractor begins work under this Agreement. 2.18.4 Contractor also shall file updated designations of safety impact positions with the CCODT if additional safety impact positions are added to Contractor’s employee work force. 2.18.5 Contractor shall require that its subcontractors comply with the Executive Order, and Contractor shall secure and maintain the required documents for City inspection.
Accounting Terms and Determinations; GAAP Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Administrative Agent or the Lenders hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the Financial Statements except for changes in which Borrower’s independent certified public accountants concur and which are disclosed to Administrative Agent on the next date on which financial statements are required to be delivered to the Lenders pursuant to Section 8.01(a); provided that, unless the Borrower and the Majority Lenders shall otherwise agree in writing, no such change shall modify or affect the manner in which compliance with the covenants contained herein is computed such that all such computations shall be conducted utilizing financial information presented consistently with prior periods.
Opinions and Determinations Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
Arrival and Departure On the day of arrival you can check in from 15:00. On the day of departure you are required to leave the tent by 10:00 am (departures on Sundays are from 17:00). On arrival at the Camp, the Lead Xxxxxx must report to the site administrator. The latter will welcome you and carry out the check in tasks. Upon departure, the Lead Xxxxxx is to sign out before leaving, allowing the site administrator to perform checkout tasks. Please review our Camp descriptions where it details whether your chosen Camp allows you to bring a dog or not. If you wish to bring a dog you must include this information in your reservation. If you wish to bring a dog, then only one dog per tent is allowed. The fee for bringing a dog is €25.00 extra for the end of stay cleaning of the tent.
Certificates and determinations Any certification or determination by a Finance Party of a rate or amount under any Finance Document is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
Notices; Standards for Decisions and Determinations The Administrative Agent will promptly notify the Borrower and the Lenders of (A) the implementation of any Benchmark Replacement and (B) the effectiveness of any Conforming Changes. For the avoidance of doubt, any notice required to be delivered by the Administrative Agent as set forth in this Section 12.01(c) may be provided, at the option of the Administrative Agent (in its sole discretion), in one or more notices and may be delivered together with, or as part of any amendment which implements any Benchmark Replacement or Conforming Changes. Any determination, decision or election that may be made by the Administrative Agent or, if applicable, any Lender (or group of Lenders) pursuant to this Section 12.01(c), including any determination with respect to a tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action, will be conclusive and binding absent manifest error and may be made in its or their sole discretion and without consent from any other party hereto, except, in each case, as expressly required pursuant to this Section 12.01(c).
Notification and Determination of Additional Costs Each of the Administrative Agent and each Lender and each Participant (through its participating Lender), as the case may be, agrees to notify the Borrower of any event occurring after the Agreement Date entitling the Administrative Agent or such Lender or such Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, the failure of the Administrative Agent or any Lender or any Participant (through its participating Lender) to give such notice shall not release the Borrower from any of their obligations hereunder. Notwithstanding the foregoing, the Borrower shall not be required to compensate the Administrative Agent, any Lender or any Participant pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than six months prior to the date that the Administrative Agent or such Lender or such Participant (through its participating Lender) notifies the Borrower of the Regulatory Change giving rise to such increases costs or reductions and of the Administrative Agent’s or such Lender’s or such Participant’s intention to claim compensation therefor (except that, if the Regulatory Change giving rise to such increased costs or reductions is retroactive, then the six-month period referred to above shall be extended to include the period of retroactive effect thereof). The Administrative Agent or such Lender or such Participant (through its participating Lender) agrees to furnish to the Borrower (and in the case of a Lender or a Participant, to the Administrative Agent) a certificate setting forth in reasonable detail the basis and amount of each request by the Administrative Agent or such Lender for compensation under this Section. Absent manifest error, determinations by the Administrative Agent or any Lender or any Participant of the effect of any Regulatory Change shall be conclusive, provided that such determinations are made on a reasonable basis and in good faith.

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