OPERATIONAL CAPABILITY Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.
Financial Capability At the Closing, the Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Capability 12 – Public health laboratory testing is the ability to implement and perform methods to detect, characterize, and confirm public health threats. It also includes the ability to report timely data, provide investigative support, and use partnerships to address actual or potential exposure to threat agents in multiple matrices, including clinical specimens and food, water, and other environmental samples. This capability supports passive and active surveillance when preparing for, responding to, and recovering from biological, chemical, and radiological (if a Radiological Laboratory Response Network is established) public health threats and emergencies.
Mobility The ability to move indoors from room to room on level surfaces at the normal place of residence.
Capabilities A. The Parties agree that the DRE must possess the legal, technical, and financial capacity to:
(1) Accept and expend non-federal funds consistent with Section 4.2.4;
(2) Accept transfer of the FERC license and title for the Facilities from PacifiCorp;
(3) Seek and obtain necessary permits and other authorizations to implement Facilities Removal;
(4) Enter into appropriate contracts and grant agreements for effectuating Facilities Removal;
(5) Perform, directly or by oversight, Facilities Removal;
(6) Prevent, mitigate, and respond to damages the DRE or any of its contractors, subcontractors, or assigns cause during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE or any of its contractors, subcontractors, or assigns, including costs thereof and any judgments or awards resulting therefrom;
(7) Carry the required insurance and bonding set forth in Appendix L to respond to liability and damages claims associated with Facilities Removal against the DRE or any of its contractors, subcontractors, or assigns;
(8) Meet the deadlines set forth in Exhibit 4; and
(9) Perform such other tasks as are reasonable and necessary for Facilities Removal.
B. Before the DRE and PacifiCorp file the joint application to transfer the license for the Facilities, the DRE will Timely demonstrate to the reasonable satisfaction of the States and PacifiCorp that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(1) through (5), (8), and (9). PacifiCorp and the States will consult if the DRE fails to make the demonstration required in this subsection.
C. Within six months of the DRE’s execution of the Settlement, the DRE will include in an informational filing in the FERC license transfer proceeding proof that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(6) and (7). This filing will include documentation that the DRE meets the requirements of Parts II, III, and IV of Appendix L and is capable of fulfilling its obligations under Section 7.1.3. The DRE will not provide the filing if either of the States or PacifiCorp objects to the filing after a reasonable opportunity to review before submission to FERC. The six-month deadline may be changed by agreement of the DRE, the States, and PacifiCorp. The Parties will Meet and Confer if the DRE fails to provide the informational filing to FERC.
Alignment with Modernization Foundational Programs and Foundational Capabilities The activities and services that the LPHA has agreed to deliver under this Program Element align with Foundational Programs and Foundational Capabilities and the public health accountability metrics (if applicable), as follows (see Oregon’s Public Health Modernization Manual, (xxxx://xxx.xxxxxx.xxx/oha/PH/ABOUT/TASKFORCE/Documents/public_health_modernization_man ual.pdf):
a. Foundational Programs and Capabilities (As specified in Public Health Modernization Manual)
b. The work in this Program Element helps Oregon’s governmental public health system achieve the following Public Health Accountability Metric, Health Outcome Measure:
c. The work in this Program Element helps Oregon’s governmental public health system achieve the following Public Health Accountability Metric, Local Public Health Process Measure:
Local Circuit Switching Capability, including Tandem Switching Capability 4.2.1 Local circuit switching capability is defined as: (A) line-side facilities, which include, but are not limited to, the connection between a loop termination at a main distribution frame and a switch line card; (B) trunk-side facilities, which include, but are not limited to, the connection between trunk termination at a trunk-side cross-connect panel and a switch trunk card; (C) switching provided by remote switching modules; and (D) all features, functions, and capabilities of the switch, which include, but are not limited to: (1) the basic switching function of connecting lines to lines, line to trunks, trunks to lines, and trunks to trunks, as well as the same basic capabilities made available to BellSouth’s customers, such as a telephone number, white page listings, and dial tone; and (2) all other features that the switch is capable of providing, including but not limited to customer calling, customer local area signaling service features, and Centrex, as well as any technically feasible customized routing functions provided by the switch. Any features that are not currently available but are technically feasible through the switch can be requested through the BFR/NBR process.
4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for Louisville Telephone when Louisville Telephone serves an end-user with four (4) or more voice-grade (DS-0) equivalents or lines served by BellSouth in one of the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA, and BellSouth has provided non- discriminatory cost based access to the Enhanced Extended Link (EEL) throughout Density Zone 1 as determined by NECA Tariff No. 4 as in effect on January 1, 1999.
4.2.3 In the event that Louisville Telephone orders local circuit switching for an end user with four (4) or more DS0 equivalent lines within Density Zone 1 in an MSA listed above, BellSouth shall charge Louisville Telephone the market based rates in Exhibit B for use of the local circuit switching functionality for the affected facilities.
Experience, Financial Capability and Suitability Subscriber is: (i) sophisticated in financial matters and is able to evaluate the risks and benefits of the investment in the Shares and (ii) able to bear the economic risk of its investment in the Shares for an indefinite period of time because the Shares have not been registered under the Securities Act (as defined below) and therefore cannot be sold unless subsequently registered under the Securities Act or an exemption from such registration is available. Subscriber is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. Subscriber must bear the economic risk of this investment until the Shares are sold pursuant to: (i) an effective registration statement under the Securities Act or (ii) an exemption from registration available with respect to such sale. Subscriber is able to bear the economic risks of an investment in the Shares and to afford a complete loss of Subscriber’s investment in the Shares.
Geometric visibility The visibility of the illuminating surface, including its visibility in areas which do not appear to be illuminated in the direction of observation considered, shall be ensured within a divergent space defined by generating lines based on the perimeter of the illuminating surface and forming an angle of not less than 5° with the axis of reference of the headlamp.
Rewards PROGRAMS You may have selected a Rewards Program for your account or, if you selected a Popular / AAdvantage® card, then the terms of the AAdvantage® Program apply. REWARDS PROGRAM WHAT IT MEANS HOW IT AFFECTS YOU Return A rewards program that earns cash back per every purchase made with the Card. The reward program accumulates in cash 1% of all net Purchases made with your credit Card. Net Purchases are Purchases minus any credits or returns. In your billing statement, you will receive an estimate of the Reward accumulated. The redemption of money will be automatic and will occur once a year, in January. You will not be able to redeem your Reward before this date. The Bank will send you a check for the balance of your Reward to the address where you receive your billing statements. You will not accumulate Rewards for Balance Transfers, Convenience Checks, Cash Advances, payments thru TelePago® Popular or Internet Banking, the Purchase of casino chips or other methods of gambling, or any other transaction the Bank determines at its sole discretion constitutes or is equivalent to a Cash Advance. If you return merchandise, the Reward for that merchandise will be deducted. The percent of the deduction will be calculated based on the earning structure at the moment the merchandise was returned. If the amount of your Reward is less than ten (10) dollars at the automatic redemption period, you will not receive a check but it will accumulate to your account for the next redemption period. If your account has a derogative condition, the Bank will be able to retain your Reward until the condition ends or cancel the Reward completely, at the Bank's sole discretion. When calculating the Reward, the Bank will use the total dollar amount of each transaction eliminating the cents. The Bank's determination of the Reward is final. To receive the Reward, your account must be kept open until the date of the Reward payment. The cash back rewards program is subject to changes or cancellation at any moment at the Bank's sole discretion. American Airlines AAdvantage® Program A rewards program that earns miles. You authorize us to report to American Airlines, AAdvantage® miles earned with us. You also authorize us to share with American Airlines your email address and experiential and transactional information regarding your activity with us. You will earn AAdvantage® miles for Purchases as long as your Account is current, in good standing and open the day the Transaction is registered in your Account. The miles are earned multiplying the Transaction amount by the earn rate per dollar specific to your Card product. The total amount of miles per Transaction, without decimals, will be considered for the total amount of miles to be reported to AAdvantage® every account cycle. The Bank will report the miles earned with your AAdvantage® credit Card as long as your Account is current and in good standing the day of your cycle. The miles earned with your credit Card that are not reported to AAdvantage® because your Account has a derogative condition at cycle date, will be reported to AAdvantage® in the future if your Account becomes current. American Airlines reserves the right to change AAdvantage® program rules, regulations, travel awards and special offers at any time without notice and to end the AAdvantage® program with six (6) months prior notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage® travel awards, mileage accrual and special offers are subject to government regulations. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage® program, visit xxx.xx.xxx/xxxxxxxxxx. American Airlines, AAdvantage and the Flight Symbol are trademarks of American Airlines, Inc. PREMIA® A rewards program that earns points. Membership: Program Membership has a $25 annual fee subject to some exclusions as specified in the terms and conditions of the Program. The annual $25 fee is applied at the moment of subscription and subsequently once a year from the subscription date to any of the Program participating accounts. The Membership will be cancelled if any of the Program participating accounts has insufficient funds to cover the fee. Fee is non- refundable. You will earn points only for the activities and transactions described on the Program’s website as well as additional promotions sent out periodically by Popular. Points will be credited and debited depending on the type of transaction carried out. Popular will determine from time to time the maximum amount of Points that may be accumulated for different transactions. This information is available on the Program's webpage. Popular reserves the right to review the balance of Membership accumulated Points and to subtract any credited Points that infringe this Agreement. Each account can be registered only to one (1) Program Membership. Under no circumstance, one same account or transaction is allowed to accumulate Points simultaneously for more than one (1) Membership. Limitations: Cash Advance Transactions done with credit Cards, foreign or local currency purchases, casino chips or any other cash equivalent instrument purchase and loan payments, including but not limited to mortgage and auto loan payments will not accumulate Points. The Regular Level Points will expire in December every four (4) years from the date of subscription. The PREMIA® Platinum level Points will not expire as long as they remain at this level. If the Customer is no longer at that level, the Regular level expiration terms will apply as well as the Regular Level Membership fee. Any derogatory condition or account mismanagement, including but not limited to blocked, outstanding and overdraft accounts will result in automatic Membership suspension and elimination of accumulated Points without previous notice. Once the derogatory condition is removed, the amount of Points accrued at the moment of Membership suspension may be restored at Popular’s sole discretion. To view Your Point balance, please visit xxxxxxx.xxx. Individual consumer transactions are the only transactions entitled to Point accrual. Redemption: The Customer that figures as the primary account holder can redeem his/her accrued Points for rewards at any time, as long as he/she has the required Points for the desired reward. Program Membership must be active and the Customer may not have an account showing derogatory condition to be able to redeem the Points. The redeemed Points will immediately be deducted from the Points balance. For more information on the program visit xxx.xxxxxx.xxx or call PREMIA® Customer Service Center at 1.800.3PREMIA (0.000.000.0000). MOBILE WALLET SERVICE WHAT IT MEANS WHAT YOU AGREE TO A way to make You may choose to add your Card number to a Mobile Wallet Service. If you do so, you acknowledge that we are Purchases or not a provider of the Wallet, we do not control the device and we are not responsible for any failure or inability to payments using perform a transaction using the Wallet. We are only responsible for supplying information securely to the Wallet a mobile device provider to allow usage of your Card in the Wallet. We reserve the right to define product eligibility. You agree that any such use of your Account will be subject to all the terms and conditions contained in this Agreement. Your applicable Purchase APR will apply to Purchases made using the Mobile Wallet Service. You acknowledge that certain message and data rates may apply from your wireless service providers and/or wireless carriers which might impact your use of the Wallet. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Wallet, including downloading the software, receiving or sending text messages, or other use of your mobile device when using the software or other products and services provided by the Wallet. You expressly agree that you are responsible for all such fees, limitations, and restrictions and that we may contact you via your mobile device for any purpose concerning your Account with us, including Account servicing and collection purposes. We do not control the privacy and security of your information that may be held by the Wallet provider and that is governed by the privacy policy given to you by the Wallet provider. You agree not to leave your Mobile Device unattended while logged into the Wallet and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you believe that someone may have unauthorized access to your Mobile Device, you agree to immediately cancel your access to the Wallet associated with the Mobile Device. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your Accounts. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Wallet. Except as otherwise required by law, we may at our sole discretion change these terms, and modify or cancel the eligibility to use your Card with a Wallet service at any time, without notice. You cannot change these terms but you can terminate them by removing your Card from the Wallet. We reserve the right to refuse any transaction for any reason. You expressly understand and agree that your use of a Mobile Wallet Service is at your sole risk. Any material downloaded or otherwise obtained through the use of the Wallet is obtained at your own discretion and risk, and we are not responsible for any damage to your Mobile Device or loss of data that results from the download of any such material, whether due to any computer virus or otherwise. We make no representation or warranty as to the completeness, accuracy, reliability, or currency of any information or data that you obtain through the use of a wallet. WHAT ARE OUR RIGHTS If YOU DEFAULT OR WE HAVE A DISPUTE? Your Default An Account will be in default if: 1) you fail to make at least the Minimum Payment when due; 2) you violate any other provision of this Agreement; 3) we believe you may be unwilling or unable to pay your debts on time; 4) you file for bankruptcy; or 5) you become incapacitated or die. If your Account is in default, we may close your Account or terminate or suspend your credit privileges without notice and require full payment of your outstanding balance immediately. We can also begin collection activities. To the extent permitted by law, if you are in default because you have failed to pay us, we will require you to pay our collection costs, attorneys’ fees, court costs and all other expenses of enforcing our rights under this Agreement. Arbitration of Disputes This Agreement contains an Arbitration Provision immediately below. Within 90 days after the date we open your Account, you may elect to reject the Arbitration Provision by providing a written notice of your intention to do so to the address: Legal Division (745), Banco Popular de Puerto Rico, P.O. Box 362708, San Xxxx, Puerto Rico 00936-2708. Unless you submit your rejection or to the extent permitted by applicable law, the Arbitration Provision will have a substantial impact on how any legal claims we have against each other are resolved if either you or we elect arbitration. For example, disputes subject to arbitration are decided by a neutral arbitrator and not a judge or jury. This Arbitration Provision will not apply to, or be enforceable against, covered borrowers under the protection of the Military Lending Act. This Arbitration Provision shall not preclude you from pursuing or participating in a class action in court. IMPORTANT WAIVERS: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE BOTH WAIVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; OR (2) OBTAIN INFORMATION EXCEPT AS PROVIDED HEREIN. OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT OR ARE NOT AVAILABLE IN ARBITRATION. DEFINITIONS – In this Arbitration Provision, the following definitions will apply:
