Compliance Testing. $__ set up fee per fund complex § $__ per fund per month
Compliance Testing. DSC will monitor, test and prepare and maintain supporting schedules which evidence compliance with the definitional and distribution requirements under the Internal Revenue Code of 1986, as amended ("IRC"), including the following:
A. The requirement to be registered at all times during the taxable year under the 0000 Xxx (XXX Section 851(a));
B. The annual ninety percent gross income test (IRC Section 851(b)(2));
C. The short/short (thirty percent) gross income test (IRC Section 851(b)(3));
D. The quarterly IRC industry diversification tests (IRC Sections 851(b)(4) and 817(h)); and
E. The 90% distribution requirements (IRC Section 852(a)).
Compliance Testing a. Participant shall submit to random, frequent, and observed urine screens if requested by a member of the VTC team. If Participant fails to submit a urine specimen, tampers with the urine specimen, submits the sample of another, dilutes his/her specimen, or fails to produce a sufficient quantity of urine needed for analysis, then he/she shall be immediately sanctioned as if the urine screen produced a positive result. Should Participant deny any use when confronted regarding a positive urine screen, the specimen shall be sent to a certified outside laboratory for testing by GC/MS. Participant may be subject to a probation violation hearing or an Intervention in Lieu of Conviction revocation hearing if the GC/MS results are positive. Participant shall also submit to testing of his/her breath or blood as required by any member of the VTC team.
b. Participant shall submit to voice stress and/or polygraph testing concerning his/her compliance with the rules of VTC and his/her sobriety. Failure to successfully pass such tests could result in a sanction.
c. Participant may be ordered to wear an Electronically Monitored House Arrest (EMHA) bracelet, which may include active GPS monitoring. Participant’s costs shall be a fifty dollar ($50.00) installation fee and up to ten dollars ($10.00) per day. If ordered, Participant shall have a land line phone installed at his/her residence and at his/her cost. The Judge maintains discretion to waive fees if the participant is indigent.
d. Participant may be ordered to wear a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet. Participant’s costs shall be a fifty dollar ($50.00) installation fee and up to ten dollars ($10.00) per day. If ordered, Participant shall have a land line phone installed at his/her residence and at his/her cost. The Judge maintains discretion to waive fees if the participant is indigent.
Compliance Testing. DSC will monitor, test and prepare and maintain supporting schedules which evidence compliance with the definitional and distribution requirements under the Internal Revenue Code of 1986, as amended ("IRC"), including the following:
A. The requirement to be registered at all times during the taxable year under the 0000 Xxx (XXX ss.851(a));
B. The annual ninety percent gross income test (IRC ss.851(b)(2));
C. The short/short (thirty percent) gross income test (IRC ss.851(b)(3));
D. The quarterly IRC industry diversification tests (IRC ss.ss.851(b)(4) and 817(h)); and
E. The 90% distribution requirements (IRC ss.852(a)).
Compliance Testing. In order to maintain secure interoperability, ------------------ reliability, and system-wide InterTrust integrity, MBC acknowledges that in support of InterTrust Technology, InterTrust may implement one or more certification programs designed to ensure that licensed products and/or associated services (including MBC Products and Cooperative Applications) use InterTrust Technology and/or Modified Technology in Compliance with InterTrust Specifications (the "Certification Program(s)"). Such ------------------------ Certification Programs may, in InterTrust's sole discretion require, for example, MBC to: (i) use a suite of test software provided by InterTrust for use by MBC to internally test and verify that Cooperative Applications, MBC Products and/or associated services are in Compliance with InterTrust Specifications; (ii) submit samples of Cooperative Applications and MBC Products and any associated programs, parameter data, and any other product information that may be technically material to Compliance with InterTrust Specifications prior to first use, distribution, sale, or other transfer to a Customer other than limited beta testing and pilot model operation as specified by InterTrust Specifications, so as to allow InterTrust (or an InterTrust delegate) to perform confidential testing ("Certification ------------- Testing"); and/or (iii) provide InterTrust with full and detailed ------- specifications and documentation related to MBC's use of InterTrust Technology and Modified Technology for MBC Products, Cooperative Applications and any associated services, wherein such specifications and documentation are material to such compliance testing and wherein all such specifications and documentation shall be certified by an authorized representative of MBC. MBC understands and acknowledges that such a Certification Program is critical to maintaining the reliability of products and services employing InterTrust Technology and/or Modified Technology, and in maintaining public confidence in the integrity of InterTrust brands as the resource for interoperable electronic commerce. MBC shall comply with the Certification Program established by InterTrust including, without limitation, provisions relating to delivery of samples, correction of non-Compliant products, and applications and associated services, and inclusion of certification marks or logos on Cooperative Applications, MBC Products and associated services. In connection with any Certification Testi...
Compliance Testing. The Contributing Employer shall perform all required periodic discrimination testing with respect to benefits provided to covered staff employees and to promptly remedy any conditions required to be remedied as a result of any test failure. The Contributing Employer shall determine if and to what extent such testing is required and shall promptly report to the Plan any test results that indicate non-compliance and proof of prompt remediation.
Compliance Testing. 27.1 The Licensee acknowledges and agrees that licensing of the CAL 2 Standards Package is intended to create a community of users who are able to freely exchange CAL 2 Compliant Data and that restrictions on the exchange of non-compliant data are necessary to ensure that this intention is realised.
27.2 In furtherance of the objectives stated in clause 27.1, the Licensee acknowledges and agrees that:
(a) LIXI may develop a testing protocol and testing regime ("CAL 2 Compliance Testing Regime") to verify whether a sample of the Licensee's CAL 2 Data would comply with the requirements stated in clause 25.1(c).
(b) At LIXI's request, the Licensee must submit a reasonable set of test case data to LIXI's CAL 2 Compliance Testing Regime for verification. Such test case data may be examples of: CAL 2 Data that the Licensee transmits to or receives from Other CAL 2 Licensees; specifications for such data that the Licensee expects to transmit to or receive from Other CAL 2 Licensees; or CAL 2 Data generated from such specifications.
(c) If LIXI issues a notice requesting the Licensee to submit to the CAL 2 Compliance Testing Regime, as contemplated by clause 27.2(b):
(i) LIXI and the Licensee must consult as reasonably requested by LIXI to identify a reasonable set of test cases which can be used for such testing and a reasonable compliance testing schedule under which those test cases will be submitted to the CAL 2 Compliance Testing Regime;
(ii) if LIXI and the Licensee are unable to agree on any matters referred to in clause 27.2(c)(i) within 60 days of LIXI's initial request for submission to the CAL 2 Compliance Testing Regime, LIXI may issue a notice to the Licensee stating reasonable requirements as to any of those matters which the parties were unable to agree and the Licensee must then comply with those requirements as notified by LIXI;
(iii) subject to clause 27.2(c)(iv), LIXI and the Licensee will be responsible for their own costs in relation to complying with their obligations under this clause 27.2.
(iv) LIXI may require the Licensee to pay a compliance testing fee which will not exceed 20% of the Licence Fee paid most recently by the Licensee in respect of the licence granted under this Attachment. LIXI may issue a Tax Invoice for such compliance testing fee at any time after LIXI gives notice to the Licensee that it is required to submit to the CAL 2 Compliance Testing Regime.
(d) If the CAL 2 Compliance Testing Regime detects that the test case da...
Compliance Testing. Federated is not the compliance agent for the Fund or Adviser, may not have access to all of the books and records of the Fund necessary to perform certain compliance testing, and will not be obligated to request any books and records of the Fund not in Federated’s possession for purposes of compliance testing. To the extent that Federated has agreed to perform the services specified in this Agreement in accordance with applicable laws, rules or regulations (for example, the 1940 Act), the Fund’s Governing Documents, Adviser’s, the Fund’s or Federated’s policies, or written instructions, Federated shall perform such services based upon its books and records with respect to the Fund (or the portion of the Fund to which Federated is responsible for providing services hereunder), which may comprise only a portion of the Fund’s books and records, and shall not be held responsible under this Agreement so long as it performs such services in accordance with this Agreement based upon such books and records.
Compliance Testing. Adviser agrees that Sub-Adviser is not the compliance agent for the Trust, the Fund or Adviser, that it may not have access to all of the books and records of the Fund necessary to perform certain compliance testing, and that it will not be obligated to request any books and records of a Fund not in Sub-Adviser’s possession for purposes of compliance testing. In no event shall Sub-Adviser be responsible for compliance testing with respect to any assets of a Fund other than the Subadvised Assets.
Compliance Testing. Adviser agrees that Sub-Adviser is not the compliance agent for the Company, the Fund(s) or Adviser, may not have access to all of the books and records of each Fund necessary to perform certain compliance testing, and will not be obligated to request any books and records of a Fund not in Sub-Adviser’s possession for purposes of compliance testing. To the extent that Sub-Adviser has agreed to perform the services specified in this Agreement in accordance with applicable laws, rules or regulations (for example, the 1940 Act and Subchapter M of the IRC), the Governing Documents, Sub-Adviser’s policies, or written Instructions, Sub-Adviser shall perform such services at times mutually agreed between Adviser and Sub-Adviser based upon Sub-Adviser’s books and records with respect to the Subadvised Assets of each Fund, which may comprise only a portion of a Fund’s books and records, and shall not be held responsible under this Agreement so long as it performs such services in accordance with this Agreement based upon such books and records. In no event shall Sub-Adviser be responsible for: (1) compliance testing with respect to any assets of a Fund other than the Subadvised Assets sub-advised by Sub-Adviser; or (2) compliance testing with respect to compliance with Shariah Requirements.
