Beginning one year after the opening of the Bank and assuming the Bank has become and remains cumulatively profitable as of its most recent fiscal year-end, the Executive shall be eligible to receive the following annual performance bonuses:
(a) The Executive shall be eligible for a bonus amount equal to fifteen percent (15%) of his Base Salary in effect for the fiscal year in question if the Bank successfully reaches each of its designated performance targets for the fiscal year, as determined by the Bank's Board of Directors.
(b) The Executive shall be eligible for an additional bonus amount equal to ten percent (10%) of his Base Salary in effect for the fiscal year in question if the Bank successfully exceeds its designated performance targets by at least ten percent (10%), as determined by the Bank's Board of Directors.
(c) The Executive shall be eligible for an additional bonus amount equal to fifteen percent (15%) of the Bank's pre-tax profits in an amount up to, but not to exceed, twenty-five (25%) of the Executive's Base Salary in effect for the fiscal year in question. Notwithstanding the foregoing, the performance bonuses contemplated by this Section 4.2.2 shall not become due and payable until the Board of Directors of the Bank has determined, according to reasonable safety and soundness standards, that the overall financial condition of the Bank, including asset quality, will not be adversely affected by the payment of the performance bonuses.
Beginning one. (1) year after the effective date of this Agreement, AHA shall provide an annual report on the disposition of the disability-related complaints, claims, grievances, and requests for reasonable accommodation(s) referenced in Paragraph VI. (D), above. Upon request, AHA also will make these records available for inspection to appropriate Department employees.
Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 27.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement.
Beginning one. (1) year after the Effective Date and ending on the date of first commercial sale of a Licensed Product in the United States, LICENSEE shall submit to UNIVERSITY semi-annual progress reports covering LICENSEE'S (and Affiliate's and Sublicensee's) activities to develop and test all Licensed Products and obtain any and all governmental approvals necessary for marketing the same. Such reports shall include a summary of work completed; summary of work in progress; current schedule of anticipated events or milestones; market plans for introduction of Licensed Products; and summary of resources (dollar value) spent in the reporting period.
Beginning one full month following the closing of the Senior Loan to Xxxxxxxx Owner, the Manager will, from time to time as it may deem appropriate in its reasonable judgment, determine to what extent (if any) the Company’s cash on hand exceeds its current and anticipated needs, including, without limitation, funds for operating expenses (including Development Costs and any fees due to the Manager), debt service, acquisitions, and a reasonable contingency reserve. If such an excess exists, the Manager will cause the Company to make distributions to the Members of such excess cash, as follows:
(A) First, 100% to the Class 1 Membership as follows:
1) No later than the 10th day of each month, an amount equal to a 15% per annum return on the Class 1 Membership’s Capital Contributions computed for the prior calendar month;
2) No later than 24 months following the closing of the Senior Loan to Xxxxxxxx Owner, an amount necessary to provide a full return of the Class 1 Membership’s Capital Contributions; and
Beginning one. 1) year after the effective date of this Agreement, HACP shall: • provide an annual report on the disposition of the disability-related complaints, claims, grievances, and requests for reasonable accommodation(s) referenced in Paragraph VI. (D). Upon request, HACP also will make these records available for inspection to appropriate Department employees. See Paragraph VI. (E).
W. Within five (5) years of the effective date of this Agreement, HACP shall:
X. For the duration of this Agreement, HACP shall: • have a VCA Administrator or Acting VCA Administrator. See Paragraph IV. (A)(4) • within fourteen (14) days of the resignation or termination of the VCA Administrator, designate an Acting VCA Administrator in the event that the VCA Administrator resigns or is otherwise terminated prior to the expiration of this Agreement. Upon designation, HACP shall provide HUD with the name of the individual selected to serve as the Acting VCA Administrator. See Paragraph IV. (A)(7). • within ninety (90) days of the termination or resignation of the VCA Administrator, select a new VCA Administrator. Upon designation, the HACP shall provide HUD with written notice of the new VCA Administrator. See Paragraph IV. (A)(8). • within fourteen (14) days of the Section 504/ADA Coordinator’s resignation or termination, designate an Acting Section 504/ADA Coordinator. Upon designation, HACP shall provide HUD with the name of the individual selected to serve as the Acting Section 504/ADA Coordinator. See Paragraph IV. (B)(3)(a). • within ninety (90) days of the resignation or termination of the Section 504/ADA Coordinator, hire or appoint a new Section 504/ADA Coordinator, as referenced in Paragraph IV. (B)(3)(b). • upon selection of the new Section 504/ADA Coordinator, provide HUD with the name of the individual selected to serve as the Section 504/ADA Coordinator and a copy of the Coordinator’s resume and/or curriculum vitae. See Paragraph IV. (B)(3)(c). • within five (5) years of the effective date of this Agreement, demonstrate the completion of the construction or conversion of the two hundred sixty-four (264) UFAS-Accessible Units, as described in Paragraph IV. (C)(1). Unless otherwise agreed by HUD pursuant to HUD’s approval of HACP’s UFAS-Accessible Unit Plan, described in Paragraph IV. (C)(2), HACP will demonstrate the completion of:
i. a minimum of fifty (50) UFAS-Accessible Units, as described in Paragraph IV. (C)(1), no later than December 31, 2006;
ii. a minimum of an ad...
Beginning one. 1) year after the effective date of this Agreement, HACH shall provide an annual report on the disposition of all claims, investigative records and requests for reasonable accommodations and its review materials and documents related to those requests, including grievance process materials. See Paragraphs V. (D) and (E).
