CLARIFICATION ACT Sample Clauses

CLARIFICATION ACT. Any claim presented for losses consequent to an incident of illness or injury is subject to the terms and conditions of the Clarification Act, 50 U.S.C. App '1291(a) and the regulations promulgated there under. The seafarer must meet the requirements of the Clarification Act by submitting a request for the administrative allowance of claim with all available documentation supporting the claim to the Ship Manager. Any administrative claim must be filed in accordance with the requirements set forth in 46 CFR 327. In addition, a ▇▇▇▇▇▇ must submit an administrative claim to MARAD which complies with the requirements of 46 CFR 317 at least 61 days prior to the two-year statute of limitations as MARAD has sixty (60) days to consider the claim before a ▇▇▇▇▇▇ can file suit in court. The Ship Manager shall inform any seafarer wishing to pursue a claim for compensatory damages of the requirements of 46 CF 327. Specifically, 46 CFR Part 327 Sec. 4 provides that: § 327.4 Claim requirements. (a) Form. The claim may be in any form and shall be: (1) In writing, (2) Designated as a claim, (3) Disclose that the object sought is the administrative allowance of the claim; (4) Comply with the requirements of this part, and (5) Filed as provided in §327.5 of this part. The claim need not be sworn or attested to by the claimant. However, the statements made in the claim are subject to the provisions of 18 U.S.C. 287 and 1001 and other penalty provisions for making false, fictitious, or fraudulent claims, statements or entries, or falsifying, concealing, or covering up a material fact in any matter within the jurisdiction of any department or agency of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in Admiralty Act, as amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 app. U.S.C. 745), shall not be in compliance with the requirements of this part.
View SourceView Similar (2)

Related to CLARIFICATION ACT

  • CONSUMER PROTECTION ACT 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.

  • Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.

  • Compensation Act The Committee shall be as between the Employer and the Union, with equal representation, and with each party appointing its own representatives.

  • Competition Act Neither the aggregate value of the assets in Canada of ▇▇▇▇▇▇▇▇▇ and any corporations that it controls, nor the aggregate gross revenues from sales in or from Canada generated from those assets, as determined in accordance with subsection 110(3) of the Competition Act exceed $80,000,000.

  • Age Discrimination Act of 1975 The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.