Compliance Commitments. Moody’s has agreed to maintain certain existing compliance measures, and to adopt certain additional compliance measures, that promote the integrity and independence of Moody’s credit ratings, which compliance measures are set forth in Annex 2 to this Agreement (“Compliance Commitments”). Moody’s has agreed to maintain these measures for a period of 5 years.
Compliance Commitments. Respondent has terminated the conduct described above and has established, and agrees to maintain for at least five years following the date this Agreement is executed, sanctions compliance measures that are designed to minimize the risk of recurrence of similar conduct in the future. Specifically, OFAC and Respondent understand that the following compliance commitments have been made:
Compliance Commitments. In order to address any deficiencies in its compliance programs, policies, procedures, codes of conduct, systems, and internal controls regarding compliance with the Bank Secrecy Act, 31 U.S.C. §§ 5311, et seq. (the “BSA”), anti-money laundering (“AML”) laws and regulations, and money laundering laws, TD BANK, N.A. (“TDBNA”) and TD BANK US HOLDING COMPANY (“TDBUSH”) (together, the “Defendants”), on behalf of themselves and their subsidiaries and affiliates involved in banking activity in the United States, agree to conduct in a manner consistent with all of their obligations under this Agreement appropriate reviews of their existing compliance programs, policies, procedures, codes of conduct, systems, and internal controls as they relate to the BSA, AML laws and regulations, and money laundering laws (the “Compliance Programs”). The Toronto-Dominion Bank (doing business as “TD Bank Group”) and TD Group US Holdings LLC (“TDGUS” and, with TD Bank Group, the “Parents”) agree to ensure that the Defendants comply with the commitments set forth in this Attachment. Where necessary and appropriate, the Defendants agree to adopt new or to enhance existing programs, policies, procedures, codes of conduct, systems, and internal controls to ensure the Defendants comply with the BSA and AML laws and implements and maintain Compliance Programs that guard against money laundering and the financing of terrorism, including by detecting, deterring, and preventing illicit transactions at the Defendants. At a minimum, this will include, but not be limited to, the following elements to the extent they are not already part of the Defendants’ existing Compliance Programs:
Compliance Commitments. The Company agrees and covenants that it shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed, and continuing through three years after the Completion Date, as defined in the Lease Agreement:
(a) The Company employed 109 employees within the County of Onondaga at the date of the Application for Financial Assistance (the “Baseline FTE”). The Company shall within two years after the Completion Date, as that term is defined in the Lease Agreement, maintain the current number of full time equivalent (“FTE”) employment at the Project Facility. The employment requirements set forth in this paragraph (a) are hereinafter referred to as the “Employment Commitment”. In no event shall any independent contractor as determined under the laws of the State be included in calculating the number of FTE employees employed within the County of Onondaga and/or at the Project Facility.
(b) For purposes of this Project Agreement and for determining whether the Company is in compliance with the Employment Commitment, a “Full Time Equivalent Employee” shall mean (i) a full time, permanent, private sector employee on the Company’s payroll, who has worked at the Project Facility for a minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by the Company to other employees with comparable rank, duties and hours; or (ii) up to three (3) part time, permanent, private-sector employees on Company’s payroll, who have worked at the Project Facility for a combined minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours.
Compliance Commitments. Respondent has terminated the conduct described above, and the former senior management and certain other employees who were involved in the transactions underlying the Apparent Violations have either resigned or were terminated. The Respondent has established, and agreed to maintain for at least five years following the date of this Agreement, sanctions compliance measures that are designed to minimize the risk of recurrence of similar conduct in the future. Specifically, OFAC and Respondent understand that the following compliance commitments have been made: a. Management Commitment: i. Respondent commits that senior management has reviewed and approved Respondent’s sanctions compliance program.
Compliance Commitments. The Real Estate Holding Company and the Operating Company agree and covenant that they shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed, and continuing through the term of the PILOT Agreement:
(a) The Real Estate Holding Company and the Operating Company have six (6) employees within the County of Onondaga at the date of the Application for Financial Assistance (the “Baseline FTE”). The Real Estate Holding Company and/or the Operating Company shall at all times maintain such Baseline FTE at the Project Facility. In addition to the Baseline FTE employees, the Real Estate Holding Company and/or the Operating Company shall (i) within one year after the Completion Date, create and maintain additional FTE employment at the Project Facility equal to one (1) FTE employees, (ii) within two years after the Completion Date, create and maintain additional FTE employment at the Project Facility equal to five (5) FTE employees; and (iii) within three years after the Completion Date, create and maintain additional FTE employment at the Project Facility equal to one (1) FTE employees (for an aggregate total of eight
Compliance Commitments. As part of an innovation, facilities may agree to beyond-compliance commitments in exchange for regulatory flexibility or some other incentive. -- Potential responses for failure to meet such beyond-compliance commitments should be defined in advance. -- Responses for failure to meet beyond-compliance commitments should fit the circumstances. They may include: a series of interim accountability measures short of project termination, trying a different approach, modifying the innovative approach, or reverting to the traditional approach.
Compliance Commitments. The Real Estate Owner and the Operating Company agree and covenant that they shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed, and continuing through the term of the PILOT Agreement:
(a) The Real Estate Owner and the Operating Company employ 140 employees within the County of Onondaga at the date of the Application for Financial Assistance (the “Baseline FTE”). The Real Estate Owner and the Operating Company shall within five (5) years after the Completion Date, as that term is defined in the Lease Agreement, create full time equivalent (“FTE”) employment at the Project Facility equal to thirty (30)
Compliance Commitments. Pursuant to 40 C.F.R. § 7.115(c)(1)(ii), BAAQMD agrees to take the following actions to come into compliance with the regulatory requirements that relate to the programs and services provided to the public directly by BAAQMD:
A. Notice of Nondiscrimination under the Federal Nondiscrimination Laws11
1. BAAQMD will ensure that the link on its website homepage, titled “Accessibility” will be changed to “Notice of Nondiscrimination” and will be displayed prominently on its website homepage, offices, publications, and public outreach materials to make the Notice accessible to the public.
2. BAAQMD’s will include a statement in its Notice addressing discrimination based on retaliation and intimidation. That statement should make clear that BAAQMD does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose actions protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.
Compliance Commitments. The Company agrees and covenants that it shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed by the Company, and continuing through the term of the Amended PILOT Agreement:
(a) [Reserved.]
(b) The Company has met the four (4) full time equivalent (“FTE”) employees requirement located at the Project Facility (the “Baseline FTE”) and the Company shall maintain FTE employment at the Project Facility equal to three and six-tenths (representing the four (4) Baseline FTE multiplied by 90% (the “Employment Commitment”)). In no event shall any independent contractor as determined under the laws of the State of New York be included in calculating the number of FTE employees employed within the Town of Colonie and/or at the Project Facility.
(c) The Company shall annually provide to the Agency certain information to confirm that the Project is achieving the investment, job retention, job creation, and other objectives of the Project (the “Reporting Commitment”).
