BACKGROUND AND GENERAL PROVISIONS Sample Clauses

BACKGROUND AND GENERAL PROVISIONS. A. On November 3, 2020, the United States Department of Justice, Civil Rights Division, Educational Opportunities Section (the “United States”) notified the Anchorage School District (“ASD” or “the District”) (collectively “the Parties”) that it was initiating an investigation to determine whether the District engages in improper seclusion and restraint practices that deny students with disabilities access to the District’s programs and services in violation of Title II of the Americans with Disabilities Act (“Title II”), 42 U.S.C. § 12132. B. Since that time, the United States has requested, obtained, and reviewed policies and procedures, incident reports, and other relevant documents, and conducted interviews of ASD’s district- and school-level employees. ASD cooperated fully with the United States’ investigation. C. At the close of its investigation, the United States informed the District of its conclusion that the District improperly secluded and restrained students with disabilities and failed to use appropriate behavior interventions. Specifically, the United States concluded that the District discriminated against students on the basis of disability by denying them the opportunity to participate in or benefit from the District’s education program, see 28 C.F.R. § 35.130(b)(1)(i); utilizing eligibility criteria that effectively subjects students with disabilities to discrimination, see 28
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BACKGROUND AND GENERAL PROVISIONS. A. The Board of Education (the “Board”) of the Wichita Public Schools (“WPS” or “the District”) voluntarily enters into this agreement (“Agreement”) with the United States Department of Justice (“Department”), Civil Rights Division, Educational Opportunities Section (the “United States”), regarding the Board’s use of seclusion and restraint, administration of student discipline, and referrals of students to law enforcement. B. This Agreement resolves the United States’ investigation under Title II of the Americans with Disabilities Act (“Title II” or “ADA”) as amended, 42 U.S.C. § 12131(2), and the Department’s Title II implementing regulations, 28 C.F.R. pt. 35, and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a) et seq. (“Section 504”) and the Department’s Section 504 implementing regulations, 28 C.F.R. § 42.502 et seq. The Agreement also resolves the United States’ investigation of whether the District violated the Equal Protection Clause (which the Department has the authority to enforce through Title IV of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000c et seq.) or Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d et seq., and its implementing regulations, 28 C.F.R. § 42.101 et seq. by discriminating on the basis of race in administering school discipline and referring students to law enforcement. C. During its investigation, the United States requested, obtained, and reviewed District policies and procedures, incident reports, and other relevant documents; interviewed District employees; and toured select District schools. The United States also conducted outreach to United Teachers of Wichita (“UTW”), the professional union that represents WPS teachers and other non-management employees. The District cooperated fully with the United States’ investigation and UTW provided valuable insight and feedback. D. After concluding its investigation, the United States met with the District to discuss its findings. The United States and the District (collectively, the “Parties”) agree to resolve the United States’ investigation through this Agreement. The Parties agree that settlement at this stage would be mutually beneficial because it would focus the Parties’ resources on the District taking effective steps to ensure that the District’s seclusion and restraint policies and practices, administration of school discipline, and referrals to law enforcement, as well as other policies and practices identified during the investigat...
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BACKGROUND AND GENERAL PROVISIONS. 1. On September 4, 2014, the United States Department of Justice (DOJ) notified the City that it was initiating an investigation of FPD for an alleged pattern or practice of unlawful misconduct, pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 (“Section 14141”); the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d (“Safe Streets Act”); and Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d (“Title VI”). 2. DOJ issued a 102-page written report of its findings (“Report”) on March 4, 2015. The Report documents DOJ’s finding of a number of patterns or practices of unconstitutional conduct and details DOJ’s concerns about a number of Xxxxxxxx’x police and court policies and practices. 3. While the City does not agree with every finding or opinion referenced in the Report, the City desires to focus its attention and resources on implementing a better community- oriented policing model and to become an exemplar of modern community-oriented policing for the entire region and for other cities of similar size. 4. The City’s desire and commitment to this goal is demonstrated by the actions that the City has already undertaken, especially since August 2014. The City has been willing, and remains willing, to continue such actions and to cooperate with DOJ to fulfill its aspiration to become an exemplar of modern community-oriented policing. DOJ acknowledges the good faith of Ferguson in trying to address actions that are needed to promote integrity in its police department and municipal court to ensure constitutional policing and court practices. 5. This Agreement is effectuated pursuant to the authority granted to DOJ under Section 14141 to seek declaratory and equitable relief where DOJ has reasonable cause to believe that there is a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution or federal law. 6. Nothing in this Agreement is intended to limit the lawful authority of the Ferguson City Council or the lawful authority of the Chief of Police to oversee the operations of FPD. 7. Nothing in this Agreement, the United States’ Complaint, or the negotiation process shall be construed as an admission or evidence of liability under any federal, state, or municipal law including, but not limited to, 42 U.S.C. § 1983. Nor is the City’s entry into this Agreeme...
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BACKGROUND AND GENERAL PROVISIONS. The Contracting Parties concluded a contract for accommodation and other related services (hereinafter referred to as the Basic Agreement), which aims to guarantee the provision of services to the Partner for the benefit of the delegated guests, and the settlement and control of such services between the Parties, which involves the processing of personal data. To protect the privacy of the data subjects, to keep the trust of clients and to ensure effective legal compliance with data protection requirements, in particular the European Parliament and Council Regulation (EU) 2016/679 (hereinafter referred to as "GDPR") and other effective data protection legislation, the Contracting Parties hereby define the obligations regarding the processing of personal data. The Parties state that, as provided for in Article 28 (3) of the GDPR, data processing by the Data Processor shall be governed by a contract or other act concluded under the European Union law or a law of the Member State - defining the subject matter, duration, nature and purpose of the data handling, the type of personal data, the categories of persons concerned, and the duties and rights of the data manager - that binds the data processor to the data manager. In order to comply with this legal obligation, the provisions of this document supplement the Basic Agreement. This agreement’s appendix - together with mandatory statutory provisions on data management - defines the obligations and rights of the data processor that bind the data processor to the data manager. The Parties agree that the data processor is not entitled to handle and process personal data transmitted by the data manager for purposes other than those specified in this contract.
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Related to BACKGROUND AND GENERAL PROVISIONS

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

  • Certain General Provisions 30 5.1. Closing Fee..........................................................................30 5.2. Agent's Fee..........................................................................30 5.3.

  • Other General Provisions 14.2.1 This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other, except that Oracle may assign without consent to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. There are no third-party beneficiaries to this Agreement. 14.2.2 This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties. 14.2.3 Oracle’s business partners and other third parties, including any third parties with which the Services have integrations or that are retained by Customer to provide consulting services, implementation services or applications that interact with the Services, are independent of Oracle and are not Oracle’s agents. Oracle is not liable for, bound by, or responsible for any problems with the Services or Customer Data arising due to any acts of any such business partner or third party, unless the business partner or third party is providing Services as Oracle’s subcontractor on an engagement ordered under this Agreement and, if so, then only to the same extent as Oracle would be responsible for our resources under this Agreement.

  • General Provisions This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.

  • Background and Purpose Executive was employed by the Company. Executive's employment is ending effective __________ under the conditions described in Section 3.1 of the Executive Change of Control Agreement ("Agreement") by and between Executive and the Company dated _____________, 2012. The purpose of this Release is to settle, and the parties hereby settle, fully and finally, any and all claims the Releasing Parties may have against the Released Parties, whether asserted or not, known or unknown, including, but not limited to, claims arising out of or related to Executive's employment, any claim for reemployment, or any other claims whether asserted or not, known or unknown, past or future, that relate to Executive's employment, reemployment, or application for reemployment.

  • Final Provisions Clause 16

  • General Provisions Applicable to Loans Section 6.1 Minimum Amounts for Committed Borrowings, Conversions or Continuations and Prepayments.

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 16 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103. 22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract. 26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended. 30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). XXXXXXXXXX agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI 2 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract.

  • General Provision (a) MML Advisers hereby appoints the Subadviser, and the Subadviser hereby undertakes to act, as investment subadviser to the Portfolio to provide investment advice and to perform for the Fund such other duties and functions as are hereinafter set forth. The Subadviser shall, in all matters, give to the Fund and the Trust’s Board of Trustees, directly or through MML Advisers, the benefit of the Subadviser’s best judgment, effort, advice and recommendations and shall at all times perform its obligations in compliance with: (i) the provisions of the Act and any rules or regulations thereunder and the Internal Revenue Code of 1986, as amended, as applicable to the Fund; (ii) any other provisions of state or federal law applicable to the operation of registered investment companies; (iii) the provisions of the Agreement and Declaration of Trust and Bylaws of the Trust, as amended from time to time and provided to the Subadviser by MML Advisers (collectively referred to as the “Trust Documents”); (iv) policies and determinations of the Board of Trustees of the Trust and MML Advisers, of which the Subadviser has been notified; (v) the fundamental and non-fundamental policies and investment restrictions of the Fund as reflected in the Trust’s registration statement under the Act from time to time; and (vi) the Prospectus and Statement of Additional Information of the Fund in effect from time to time (collectively referred to as the “Disclosure Documents”). (b) The officers and employees of the Subadviser responsible for providing the services of the Subadviser hereunder shall be available upon reasonable notice for consultation with respect to the provision of such services. (c) Subadviser will comply with the applicable provisions of the Fund’s pricing procedures which it has received and, upon request, will provide reasonable assistance to the Fund’s pricing agent in valuing securities held by the Fund.

  • of the Technical Provisions The Project Schedule shall be used by the Parties for planning and monitoring the progress of the Work and as the basis for determining the amount of monthly progress payments to be made to DB Contractor.

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