CONSENT PROCEDURES. Section 1. The District shall inform the employee that he/she is subject to testing and will state whether the testing is probable suspicion, post-accident, or random testing.
Section 2. If the testing is for probable suspicion, the District shall give the employee a copy of the Impaired Behavior Report prepared pursuant to Article II, Section 1. Both of the observing witnesses shall complete an Impaired Behavior Report form. An ACE representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible recording their observations of the employee’s behavior which leads to their decision to require a test. The District shall explain that because of the observation of the employee’s behavior, it is necessary to verify the employee’s physical capability at that point in time.
Section 3. In each and every case the District shall read the applicable Drug Screen Consent form and/or Breath Alcohol Testing Consent form to the employee prior to obtaining the employee’s signature authorizing the test and release of positive or negative test results.
CONSENT PROCEDURES. (a) If Tenant desires to (i) assign this Lease other than to a Related Entity, a Successor or a Qualified Business Group Holder or (ii) sublet the Premises or any part thereof to other than a Related Entity, a Successor or a Qualified Business Group Holder, then Tenant shall give Landlord notice (each, a “Transfer Notice”) of such intent. Each Transfer Notice shall be accompanied by (i) a statement setting forth in reasonable detail the identity of the proposed assignee or sublessee, the nature of its business and its proposed use of the Premises and (ii) in the case of a proposed assignment, current financial information with respect to the proposed assignee. Landlord’s consent to any such proposed assignment or to any such proposed sublease shall not be unreasonably withheld, conditioned or delayed, provided that
(a) in the case of a proposed assignment, the proposed assignee shall have the financial ability to perform the obligations of Tenant under this Lease (it being agreed that any entity that has a tangible net worth equal to or greater than $50,000,000.00 and a minimum net income of $10,000,000 for each of the three (3) previous years shall be deemed to have the financial ability to perform the obligations of Tenant under this Lease, both as evidenced by financial statements prepared by certified public accountants. Net worth shall be calculated as of the last day of the proposed assignee’s then most recently completed fiscal year, using sound accounting principles.
(b) the proposed assignee or subtenant is of a character comparable to (or better than) that of other warehouse and/or office tenants in the area of the Premises, as determined by objective criteria;
(c) the intended use of the Premises by the proposed assignee or subtenant (A) is permitted by the first sentence of Section 6.01 above and (B) is no more likely to result in environmental contamination at the Premises than Tenant’s use of the Premises at the time of the assignment or subletting in question.
(d) in the case of a proposed assignment, such assignment will not violate the so-called “Party-In-Interest Rules” under ERISA.
(b) Landlord shall approve or disapprove a proposed sublease or a proposed assignment described in any Transfer Notice within 10 business days after Landlord’s receipt of such Transfer Notice and the information required pursuant to the provisions of Section 11.03(a) above. If Landlord fails to approve or disapprove a proposed sublease or assignment within suc...
CONSENT PROCEDURES. Section 1. The District shall inform the employee that he/she is subject to testing and will state whether the testing is probable suspicion, post-accident, or random testing.
Section 2. If the testing is for probable suspicion, the District shall give the employee a copy of the Impaired Behavior Report prepared pursuant to Article II, Section 1. Both of the observing witnesses shall complete an Impaired Behavior Report form. An ACE representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible recording their observations of the employee’s behavior which leads to their decision to require a test. The District shall explain that because of the observation of the employee’s behavior, it is necessary to verify the employee’s physical capability at that point in time.
Section 3. In each and every case the District shall read the applicable Drug Screen Consent form and/or Breath Alcohol Testing Consent form to the employee prior to obtaining the employee’s signature authorizing the test and release of positive or negative test results.
1. Make it clear to the employee that the request to sign the form and take the test is a direct order.
2. Ask the employee if he/she understands the order. If the employee responds that he/she does not understand the order, the supervisor shall explain the order again.
3. Explain to the employee that failure to comply with the order will result in the employee being treated as having tested positive for the substance or substances for which testing was requested and will subject the employee to being taken out of service and subjected to employee evaluation pursuant to Article II, Section 7.
Section 4. The District shall use best efforts to immediately notify ACE if the employee requests the presence of an ACE representative at the time of the urine collection or breath testing, or at the time of the request for testing. Urine collection and breath testing shall be delayed no more than one (1) hour from the time of the first request in order to permit an ACE representative to reach the location.
CONSENT PROCEDURES. If Licensee shall have received a bona fide letter of intent to sell or assign its interest in the Hotel/Casino and the Project, together with its rights under this Agreement, in whole and not in part (hereinafter referred to as "LICENSEE'S PROJECT INTEREST"), and Licensee, pursuant to the terms of such offer, desires to accept such offer, Licensee shall give written notice thereof to Licensor, stating the name and full identity of the prospective purchaser of Licensee's Project Interest, including the names and addresses of the owners of the equity interests of such prospective purchaser, the purchase price for Licensee's Project Interest, and all of the material terms and conditions of such proposed assignment or sale, together with all other information with respect thereto requested by Licensor and reasonably available to Licensee. Within thirty (30) days after Licensor's receipt of such written notice from Licensee, Licensor shall elect, by written notice to Licensee, one of the following alternatives:
(i) To acquire Licensee's Project Interest, or to have its designee or designees (which, in Licensor's sole discretion, may be an unrelated third party), acquire Licensee's Project Interest at the same price and upon the same terms and conditions as those set forth in the written notice from Licensee to Licensor, provided that Licensor may substitute cash for the fair market value of any non-cash consideration offered. In the event that Licensor has elected to so acquire or have its designee(s) so acquire Licensee's Project Interest in accordance with the provisions of the preceding sentence, Licensee and Licensor, or its designee(s), as the case may be, shall promptly thereafter enter into an agreement for sale of Licensee's Project Interest at the price and on the same terms aforesaid and shall consummate such transaction subject to and in accordance with the terms and conditions thereof. The closing for such transaction shall take place on the later to occur of (A) ninety (90) days after the date of Licensor's written notice electing to exercise its rights under this Section 16(C)(i), or (B) the fifth (5th) Business Day following Licensor's receipt of all consents, orders and approvals of any Governmental Authority applicable to such transaction; or
(ii) To consent or withhold consent to the sale or assignment of Licensee's Project Interest to such prospective purchaser, subject to the provisions of Section 16(D) below. Licensor's consent to a sale o...
CONSENT PROCEDURES. The District shall inform the employee that he/she is subject to testing and will state whether the testing is probable suspicion, post-accident, or random testing.
CONSENT PROCEDURES. Sublessee’s request for Sublessor’s consent to any assignment or sublease for which Sublessor’s consent is required under this Section 13 shall be made at least thirty (30) days prior to the effective date of the proposed Transfer, describe the details of the proposed Transfer, including the name, business and financial condition of the prospective Transferee, and the financial terms of the proposed Transfer (e.g., payments in consideration of the proposed Transfer, term, rent, construction, and security deposit), and Sublessee shall also provide any other information in Sublessee’s possession (or reasonably obtainable from the proposed Transferee) Sublessor reasonably deems relevant, including without limitation the proposed form of Transfer documentation (which shall be substantially in final form, Sublessor acknowledging that Sublessee and the proposed Transferee may still be in the process of negotiating the final form of documents, provided that Sublessor shall have the right to approve the final form of Transfer documentation). Sublessor shall not unreasonably withhold, condition or delay (beyond the Sublease Response Period, as defined below) its consent to any assignment or subletting of the Premises. For the avoidance of doubt, in no event shall Sublessor have any recapture rights in connection with a request for consent to any assignment or subletting of the Premises under the terms of this Sublease (however, Sublessor does have the recapture right set forth in the first paragraph of this Section 13(B) in the event of a Permitted Transfer to an entity that is a Competitor). As used herein, the “Sublease Response Period” means the period starting on the date that Sublessor receives Sublessee’s written request for consent with all information required herein and ending on the date that is fifteen (15) business days thereafter; provided, however, if within such fifteen (15) business day period Sublessor requests any additional information regarding the proposed Transferee or the proposed Transfer consistent with the information required to be provided above, then the Sublease Response Period shall be the later of (i) such original fifteen (15) business day period or (ii) five (5) business days following Sublessor’s receipt of such additional information. If Sublessor fails to approve or disapprove a proposed assignment or subletting of the Premises within the Sublease Response Period, and such failure continues for a further five (5) business days a...
CONSENT PROCEDURES. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 without the prior written consent of Parent, prior to taking such action the Company may request such written consent by sending an email or facsimile to the following individual: Xxxxx X. Xxxxx Email: Xxxxx.Xxxxx@xxxxx.xxx Facsimile: (000) 000-0000 If Parent fails to respond to a request from the Company for consent pursuant to this Section 4.2 within five (5) Business Days of the delivery of the email or facsimile contemplated above, such consent shall be deemed not to be given by Parent.
CONSENT PROCEDURES. Notwithstanding particular periods for consent set forth herein, where a consent is required from Assignee hereunder, Assignee shall use commercially reasonable efforts to provide such consent as early as is reasonable (taking into account availability of its personnel, its applicable approval procedures and provision of information by Company).
CONSENT PROCEDURES. Without limiting any of the Developer's other obligations under this deed, the Developer agrees that it must regularly consult with the State and keep the State fully informed in relation to all its material dealings with the Consent Authority with respect to the Main Development Application and Relevant Applications and must seek the State's prior written approval before making any submissions, variations or submitting anything pursuant to the EP&A Act in respect of the Public Works or the Integration Works, including:
(a) to any panel of experts or panel of officers;
(b) any environmental assessment, preferred project report, statement of commitments or any revisions of those documents;
(c) in relation to the environmental assessment made publicly available and any response to issues raised;
(d) any response to issues raised in submissions or any other document; and
(e) all details of any significant changes, modifications or conditions of which the Developer becomes aware, which the Consent Authority may consider in relation to the Relevant Application. In giving or withholding its approval to any such documents or matters, the provisions of clauses 9.1, 9.2, 9.5, 9.7, 9.8 and 9.9 will apply mutatis mutandis.
CONSENT PROCEDURES. In the event that the Borrower or the Servicer requests in writing the consent or approval of the Agent or the Lender in connection with (a) any matter with respect to which such consent or approval is required pursuant to this Agreement or any other Transaction Document or (b) the waiver of any term or condition of this Agreement or any other Transaction Document with respect to any requirement or condition of borrowing hereunder, and the Borrower or the Servicer, as the case may be, does not receive a written consent or approval, a written denial thereof or a request for additional information within ten (10) Business Days after the Agent's or the Lender's, as applicable, receipt of such request, then the Agent or Lender, as applicable, will be deemed to have consented to or approved the subject matter of such request.
