Concessionaire Accounting Practices Sample Clauses

Concessionaire Accounting Practices. The Concessionaire shall have delivered to RTD a certificate signed by the chief financial officer of the Concessionaire, confirming that the accounting practices to be used by the Concessionaire are consistent with GAAP. Achievement of or Failure to Achieve the Phase 1 Effective Date (a) Upon the satisfaction of each of the Phase 1 Conditions Precedent (unless otherwise agreed by the Parties) (i) RTD and the Concessionaire shall sign a certificate specifying the Phase 1 Effective Date, (ii) RTD shall return the Proposer's Security to the Concessionaire within 10 days, (iii) the Financial Model accepted by RTD in accordance with Section 5.6(c)(i) shall amend and replace the Financial Model attached hereto as Part B (Financial Model) of Attachment 1 (Agreed Forms), (iv) the figures set forth in the Service Payment Revision accepted by RTD in accordance with Section 5.6(c)(i) shall amend and replace the corresponding figures in Tables 3 (Base Annual Service Payments) and 4 (XXXXX Secured Payments) in Parts G and F, respectively, of Attachment 11 (Service Payments), (v) RTD shall deliver the Trustee's Instructions, and (vi) RTD shall deliver the Limited Phase 1 Notice to Proceed (provided that if RTD has not delivered the Limited Phase 1 Notice to Proceed within 15 days, then the Limited Phase 1 Notice to Proceed shall be deemed delivered). (b) If (i) the Concessionaire is delayed in or prevented from satisfying any of the Concessionaire Conditions Precedent (A) by the acts or omissions of RTD (or its agents, employees or subcontractors) (other than acts related to fulfillment or non-fulfillment by RTD of the RTD Conditions Precedent) or any Project Third Party (provided that such act or omission constitutes a breach of such Project Third Party's obligations under the applicable Third Party Agreement), or (B) by the occurrence of a Force Majeure Event prior to the Phase 1 Conditions Precedent Satisfaction Date, (ii) any downgrade by a Rating Agency of any Senior RTD Debt has occurred after the Final Proposal Due Date (a Rating Downgrade Event), and solely as a result of such Rating Downgrade Event the Concessionaire Financing has been downgraded by a Rating Agency or (iii) the Concessionaire has secured an outcome in the Concessionaire's favor pursuant to a claim brought by it under Section 50 (Dispute Resolution Procedure) with respect to RTD's determination that the Concessionaire has failed to satisfy any Concessionaire Condition Precedent, the Phase 1 Con...
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Related to Concessionaire Accounting Practices

  • Tax Accounting Practices (a) Except as provided in Section 3.03(b), any Tax Return for any Pre-Distribution Tax Period, to the extent it relates to members of the Dealer Group, shall be prepared in accordance with practices, accounting methods, elections, conventions and Tax positions used with respect to the Tax Return in question for periods prior to the Distribution (“Past Practices”), and, in the case of any item the treatment of which is not addressed by Past Practices, in accordance with generally acceptable Tax accounting practices. Notwithstanding the foregoing, for any Tax Return described in the preceding sentence, (i) a Party will not be required to follow Past Practices with either the written consent of the other Party (not to be unreasonably withheld) or a “should” level opinion from a Tax Advisor that the proposed method of reporting is correct and (ii) ADP shall have the right to determine which entities will be included in any consolidated, combined, affiliated or unitary Return that it is responsible for filing. (b) The Parties shall report the Transactions for all Tax purposes in a manner consistent with the Tax Opinions/Rulings, unless, and only to the extent, an alternative position is required pursuant to a Final Determination. ADP shall determine the Tax treatment to be reported on any Tax Return of any Tax issue relating to the Transactions that is not covered by the Tax Opinions/Rulings.

  • Accounting Practices All matters concerning this FuturesAccess Fund’s accounting practices shall be determined by the Sponsor on a fair and equitable basis, and all such determinations shall be final and conclusive as to all Investors. However, the Sponsor shall be under no obligation whatsoever to make any deviations from the allocations set forth in this Article II. In reporting Net Asset Values to Investors and third parties on an interim basis, the Sponsor shall be entitled to accrue fees and payments due at the end of a period as if such fees or payments were due (on a pro rata basis, if appropriate) as of the end of an interim period within such period.

  • Financial Accounting Practices The Borrower shall, and shall cause each of its Subsidiaries to, make and keep books, records and accounts which, in reasonable detail, accurately and fairly reflect its transactions and dispositions of its assets and maintain a system of internal accounting controls sufficient to provide reasonable assurances that (a) transactions are executed in accordance with management's general or specific authorization, (b) transactions are recorded as necessary (i) to permit preparation of financial statements in conformity with GAAP and (ii) to maintain accountability for assets, (c) access to assets is permitted only in accordance with management's general or specific authorization and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

  • Accounting Practice Except as otherwise provided herein, all Mortgage Loan account records must be maintained according to (a) the Uniform Single Attestation Program for Mortgage Bankers and (b) where applicable, sound and generally accepted accounting practices.

  • Hiring Practices The Board shall, in all instances, employ teachers who are properly credentialed in accordance with applicable state laws, Washington Administrative Code, and by such other requirements as specified by the Office of the State Superintendent of Public Education. Classified personnel shall not be assigned to perform work in the instructional setting which will replace a currently employed certificated employee in his assignment or employment.

  • Practices The practices used or to be used by the Servicer, to monitor collections with respect to the Trust Property and repossess and dispose of the Financed Vehicles related to the Trust Property will be, in all material respects, in conformity with the requirements of all applicable federal and State laws, rules and regulations, and this Agreement. The Servicer is in possession of all State and local licenses (including all debt collection licenses) required for it to perform its services hereunder, and none of such licenses has been suspended, revoked or terminated, except where the failure to have such licenses would not be reasonably likely to have material adverse effect on its ability to service the Loans or Contracts or on the interest of the Indenture Trustee, the Trust Collateral Agent or the Noteholders.

  • Business Practices 1. Parties recognise that certain business practices of service suppliers, other than those falling under Article 14 (Monopolies and Exclusive Service Suppliers), may restrain competition and thereby restrict trade in services. 2. Each Party shall, at the request of any other Party, enter into consultations with a view to eliminating practices referred to in Paragraph 1. The Party addressed shall accord full and sympathetic consideration to such a request and shall co-operate through the supply of publicly available non- confidential information available to the requesting Party. The requested Party may also provide other information available to the requesting Party, subject to its domestic law and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the requesting Party.

  • Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

  • Ethical Business Practices The Contractor shall work in partnership with the State to ensure a successful and valuable contract, and ethical practices are required of State employees, Contractors, and all parties representing the Contractor. All work performed under this Contract will be subject to review by the Inspector General of the State of Florida, and any findings suggesting unethical business practices may be cause for termination or cancellation.

  • Tax Accounting Services (1) Maintain accounting records for the investment portfolio of the Fund to support the tax reporting required for “regulated investment companies” under the Internal Revenue Code of 1986, as amended (the “Code”). (2) Maintain tax lot detail for the Fund’s investment portfolio. (3) Calculate taxable gain/loss on security sales using the tax lot relief method designated by the Trust. (4) Provide the necessary financial information to calculate the taxable components of income and capital gains distributions to support tax reporting to the shareholders.

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