By State Sample Clauses

By StateThe State may terminate this Agreement prior to the Expiry Date only upon: 10.2.1.1 a BREP Event of Major Default related to this Agreement or the Xxxx Center Plant Lease (Termination by State for Cause), in such case to be exercised within sixty (60) days after the expiration of any applicable cure period for such BREP Event of Major Default; provided, however, that to terminate this Agreement pursuant to a BREP Event of Major Default described in Section 11.1.2.3, the State must give notice of termination to BREP no later than thirty (30) days following cessation of the latest applicable Unexcused Loss of Availability or such termination right will be waived until the next applicable Unexcused Loss of Availability during such Service Year; 10.2.1.2 for convenience (Termination by State for Convenience); 10.2.1.3 a Major Casualty Event affecting the Xxxx Center Plant or total cessation of operations and use of the Xxxx Center Building through casualty (Termination by State for Necessity), in either case to be exercised within sixty (60) days of the event giving rise to such termination right; 10.2.1.4 a Change in Law that substantially prevents the State from continuing its performance of substantially all of its obligations under this Agreement or the Xxxx Center Plant Lease (Termination by State for Necessity);
By StateIn the event OJD fails to receive sufficient appropriations, expenditure limitations and other state authorizations to permit OJD in the reasonable exercise of its administrative discretion to continue making payments under this Agreement, OJD may immediately terminate this Agreement without penalty or liability, effective upon the delivery of notice to the County.
By State. The State agrees to the following and where applicable as more fully set forth in the Second Amendment to the Contract and the First Amendment to the Safety Contract: a) If the State exercises its right to terminate the Safety Contract for non-appropriation of funds, in accordance with the provisions of paragraph 16 of the Safety Contract, the effective date of termination will not be sooner than June 30, 1999. b) The State agrees that Envirotest will not be required, under the Contract, as amended, to either obtain a site for or build a new facility in Fairfield County. c) The State agrees to withdraw, with prejudice, the lawsuit identified above and bearing Docket No. CV-96-5601148 S and withdraw the letter of February 9, 1996 set forth in Paragraph 3 of the recitals. d) The State shall review its safety inspection standards and procedures for passenger motor vehicles, in order to ascertain whether a more expedited procedure can be implemented, consistent with applicable laws and regulations. If such changes are approved, Envirotest shall be permitted to amend its inspection procedures accordingly. e) In the event that the State intends to assess against Envirotest any penalties, including but not limited to, wait time penalties as set forth in Section 18.0 of Exhibit E of the Contract or penalties for improper inspections as set forth in Section 20.0 of Exhibit E of the Contract, the State shall give Envirotest 14 days notice of such intent. During such 14 day period, if Envirotest gives notice to the State, Envirotest and the State shall meet to discuss and try to determine the basis and validity of the penalties. The State shall not withhold any fees or payments due Envirotest until the end of such 14 day period.
By StateSubject to Force Majeure as provided in Section 26, the occurrence of any of the following events shall constitute a State Event of Default: i. The State fails to cure its breach of a non-monetary obligation under this Agreement within thirty (30) days after the State receives notice from BREP of the breach; provided, that if such breach cannot reasonably be cured during such 30-day period, the State will be entitled to an additional thirty (30)-day period within which to cure its breach, so long as it will have begun to cure such breach within the initial thirty (30)-day period and is diligently pursuing such cure; or ii. The State fails to make any monetary payment due BREP under this Agreement within thirty (30) days after the State receives notice from BREP of such payment being past due. For purposes of this Agreement, a State Event of Default described in Section 19.a.ii will be deemed to constitute a “State Event of Major Default.”
By StateThe State may terminate this Agreement prior to the Expiry Date upon: i. a BREP Event of Major Default related to this Agreement (Termination by State for Cause); ii. for convenience (Termination by State for Convenience); iii. a Change in Law that substantially prevents the State from continuing its performance of substantially all of its obligations under this Agreement (Termination by State for Necessity);

Related to By State

  • By State Street State Street represents and warrants that: 1. It is a Massachusetts trust company, duly organized and existing under the laws of The Commonwealth of Massachusetts; 2. It has the corporate power and authority to carry on its business in The Commonwealth of Massachusetts; 3. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement; 4. No legal or administrative proceedings have been instituted or threatened which would impair State Street’s ability to perform its duties and obligations under this Agreement; 5. Its entrance into this Agreement shall not cause a material breach or be in material conflict with any other agreement or obligation of State Street or any law or regulation applicable to it; and It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.

  • Privacy Statement The Parties agree to keep all information related to the signing and fulfillment of this Agreement confidential, and not to disclose it to any third parties, except for subcontractors involved in this agreement, unless prior written consent is obtained from the other Party. Should subcontractors be engaged under this agreement, they are required to adhere to its terms and conditions.

  • Daily Statement On each Banking Day on which any Participating Funds have an outstanding repurchase transaction, Repo Custodian shall deliver by facsimile to Custodian and to the Participating Funds a statement identifying the Securities held by Repo Custodian with respect to such repurchase transaction and the cash and Cash Collateral, if any, held by Repo Custodian in the Transaction Account, including a statement of the then current Market Value of such Securities and the amounts, if any, credited to the Transaction Account as of the close of trading on the previous Banking Day. Repo Custodian shall also deliver to Custodian and the Participating Funds such additional statements as the Participating Funds may reasonably request.

  • Reports to Government Entities Nothing in this Agreement shall prohibit or restrict the Executive from initiating communications directly with, responding to any inquiry from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, or filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, any agency Inspector General or any other federal, state or local regulatory authority (collectively, the “Regulators”), or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in conduct protected by this subsection, and the Executive does not need to notify the Company that the Executive has engaged in such conduct. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose trade secrets to their attorneys, courts, or government officials in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(1) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with a lawsuit for retaliation for reporting a suspected violation of the law.

  • Conformity with XXXXX Filing The Prospectus delivered to the Agent for use in connection with the sale of the Placement Shares pursuant to this Agreement will be identical to the versions of the Prospectus created to be transmitted to the Commission for filing via XXXXX, except to the extent permitted by Regulation S-T.

  • Books, Records and Regulatory Filings (a) The Sub-Adviser agrees to maintain and to preserve for the applicable periods any such records as are required to be maintained by the Sub-Adviser with respect to the Fund by the 1940 Act and rules adopted thereunder, and by any other applicable laws, rules and regulations. The Sub-Adviser further agrees that all records that it maintains for the Fund are the property of the Fund and it will promptly surrender any of such records upon request; provided, however, that the Sub-Adviser may retain copies of such records for the applicable periods they are required by law to be retained, and thereafter shall destroy such records. (b) The Sub-Adviser agrees that it shall furnish to regulatory authorities having the requisite authority any information or reports in connection with its services hereunder that may be requested in order to determine whether the operations of the Fund are being conducted in accordance with applicable laws, rules and regulations. (c) The Sub-Adviser shall make all filings with the SEC required of it pursuant to Section 13 of the 1934 Act with respect to its duties as are set forth herein. The Sub-Adviser also shall make all required filings on Schedule 13D or 13G and Form 13F (as well as other filings triggered by ownership in securities under other applicable laws, rules and regulations) in respect of the Portfolio as may be required of the Fund due to the activities of the Sub-Adviser. The Sub-Adviser shall be the sole filer of Form 13F with respect to the Portfolio of the Fund.

  • Technical Reports All technical reports are to be prepared jointly by the Recipient/Institution conducting Work and all collaborating institutions or as deemed acceptable by the Centre’s contact.

  • Problem Statement School bus fleets are aging, and our communities have poor air quality. Replacing school buses with zero emission school buses will address both of these issues.

  • Root-­‐zone Information Publication ICANN’s publication of root-­‐zone contact information for the TLD will include Registry Operator and its administrative and technical contacts. Any request to modify the contact information for the Registry Operator must be made in the format specified from time to time by ICANN at xxxx://xxx.xxxx.xxx/domains/root/.

  • Books Records and Reports The Contractor shall establish and maintain accounts and other books and records 7 pertaining to administration of the terms and conditions of this Settlement Contract, including: 8 the Contractor's financial transactions, water supply data, and Project land and right-of-way 9 agreements; the water users' land-use (crop census), land ownership, land-leasing and water use 10 data; and other matters that the Contracting Officer may require. Reports thereon shall be 11 furnished to the Contracting Officer in such form and on such date or dates as the Contracting 12 Officer may require. Subject to applicable Federal laws and regulations, each party to this 13 Settlement Contract shall have the right during office hours to examine and make copies of each 14 other’s books and official records relating to matters covered by this Settlement Contract.