Averments Sample Clauses

Averments. In a prosecution for an offence against this Act, an averment in the complaint that: (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary. (1) On finding a person guilty of an offence committed within a designated area or the mineral lease and involving the stealing, receiving or possession of uncut diamonds, a court must order the uncut diamonds to be delivered to the Company. (2) Subsection (1) applies: (a) to an offence under this or any other Act; and (b) notwithstanding any other law or Act.
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Averments. Return of uncut diamonds 14. Protection of security officers and police 15. Regulations E it enacted by the Legislative Assembly of the Northern Territory of Australia, with the assent as provided by the Xxxxxxxx Xxxxxxxxx (Xxxx-Xxxxxxxxxx) Xxx 0000 of the Commonwealth, as follows:
Averments. In a prosecution for an offence against this Act, an averrnent in the complaint that (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.
Averments. In a prosecution for an offence against this Act, an averment in the complaint that — (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.

Related to Averments

  • Improvements The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);

  • Replacements if any Temporary Global Note, Permanent Global Note, Definitive Note or Coupon is presented or surrendered for payment to any Paying Agent and such Paying Agent has delivered a replacement therefor or has been notified that the same has been replaced, such Paying Agent shall forthwith notify the Issuer of such presentation or surrender and shall not make payment against the same until it is so instructed by the Issuer and has received the amount to be so paid;

  • Foundations nor shall the Contractor be responsible for correction of leaks resulting from said failure.

  • Interior (a) Ceilings, sidewalls and bulkhead panels will be clean and free of cracks and stains. (b) Carpets and seat covers will be in good condition, clean and free of stains and meet FAR burn certification regulations; (c) Seats will be serviceable, in good condition and repainted as necessary; and (d) Emergency equipment having a calendar life will have a minimum of 1 year or 100% of its total approved life, whichever is less, remaining.

  • Repairs If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to any Alterations; provided that if the cost of the restoration of any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for any loss of business, inconvenience, or annoyance arising from any casualty or any repair or restoration of any portion of the Premises, the Building, or the Project as a result of any damage from any casualty. All work by Tenant shall be subject to the terms and conditions of Article 11.

  • Betterment “Betterment” shall mean any upgrading of a replacement Facility that is made solely for the benefit of and at the election of the Facility Owner, including an increase in the capacity, capability, level of service, efficiency, duration or function of the replacement Facility over that which was provided by the existing Facility; provided, however, that the following are not considered Betterments in such cases: Any upgrading necessary for safe and effective construction of the HSR Project; replacement devices or materials that meet equivalent standards although they are not identical; replacement devices or materials no longer regularly manufactured with the next highest grade or size; any upgrading required by applicable laws; replacement devices or materials which are used for reasons of economy (e.g. non-stocked items may be uneconomical to purchase); or any upgrading required by the applicable standard specifications, standards of practice and construction methods applied to comparable facilities constructed by or for the Facility Owner at its own expenses, which are in effect as of the date of execution of the applicable Utility Agreement.

  • Fixtures and Alterations After taking occupancy of the Designated Space, AGENCY shall not, without the COUNTY’S prior written consent, attach any fixtures in or to the Designated Space or change, alter, or make additions to the Designated Space, nor attach or affix any article hereto, nor permit any annoying sound device, overload any floor, or deface the Designated Space. Such prior written consent shall not be unreasonably withheld. Where the COUNTY has approved AGENCY’S modifications to the Designated Space, the AGENCY shall only be required to remove its modifications and restore the Designated Space to its original condition upon the AGENCY’S vacating of the Designated Space should the COUNTY’S approval make such restoration a requirement of its approval. If, however, AGENCY elects to remove its modifications upon vacating the Designated Space, then AGENCY, at its expense, shall restore the Designated Space to its original condition, ordinary wear and tear excepted.

  • Utility Any service provided by an outside source or manufactured in-house that facilitates building operations (e.g., gas, water, electricity, fire suppression water, fire alarm systems).

  • Fixtures The Seller agrees that all fixtures shall be included as part of the sale EXCEPT: _

  • Decorations The only acceptable form of affixing items to walls is the use of white sticky tack, and must be removed by the Resident prior to move out, or be subject to removal charges. Spikes, hooks, screws, tacks or nails or any permanent adhesion type tape shall not be put into or on the walls or woodwork, ceilings, furnishings, doors or windows of any part of the Residence. Residents may not decorate the outside of their room door unless for special occasions approved by the Manager. Strings of indoor lights should not be in direct contact with any flammable materials and should not be left on while the room is unattended.

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