CONTINGENCY MEASURES Sample Clauses

CONTINGENCY MEASURES. 13.1 State Street shall maintain in a separate and safe place additional copies of all records required to be maintained pursuant to this Agreement or additional tapes, disks or other sources of information necessary to reproduce all such records. 13.2 Within twelve (12) months of the date hereof, State Street shall establish and maintain a disaster recovery back-up facility available for its use in providing the Services required hereunder in the event circumstances beyond State Street’s control result in State Street not being able to process the necessary work at its principal facility. State Street shall, from time to time, upon request from a Fund provide written evidence and details of its arrangement with respect to such back-up facility. State Street further agrees to provide each Fund from time to time on request with a copy of the disaster recovery and contingency plans of State Street and to make its staff available to discuss such plans on request. Nothing in this Section shall relieve State Street of any liability that it might otherwise have under this Agreement arising from or as a result of its fraud, willful default, negligence or willful misconduct in the performance of its duties hereunder, provided, however, that the aggregate liability of State Street to any Fund in relation to the maintenance of a disaster recovery back-up facility during the initial twelve (12) months of this Agreement shall not at any time exceed an amount equal to ten (10) per cent of the fee paid or accrued and payable by such Fund (as of the date of the liability) in respect of the accounting and administrative services provided pursuant to the Agreement. 00.0 Xxxxx Xxxxxx shall at all times employ a then current version of one of the leading commercially available virus detection software programs to test the on-site hardware and software applications utilized by it to deliver the Services to determine that such hardware and software does not contain any computer code designed to disrupt, disable, harm, or otherwise impede operation. With respect to any applications utilized on a remote basis, State Street shall use commercially reasonable efforts to obtain a similar representation or commitment from the third party provider of such application. 00.0 Xxxxx Xxxxxx shall at its expense retain a firm of independent auditors to perform an annual audit of the internal accounting controls and procedures employed by State Street in the performance of the Services and t...
AutoNDA by SimpleDocs
CONTINGENCY MEASURES. 13.1 State Street shall maintain in a separate and safe place additional copies of all records required to be maintained pursuant to this Agreement or additional tapes, disks or other sources of information necessary to reproduce all such records. 13.2 Within twelve (12) months of the date hereof, State Street shall establish and maintain a disaster recovery back-up facility available for its use in providing the Services required hereunder in the event circumstances beyond State Street's control result in State Street not being able to process the necessary work at its principal facility. State Street shall, from time to time, upon request from a Fund provide written evidence and details of its arrangement with respect to such back-up
CONTINGENCY MEASURES. The possible contingency measures in respect of goods/items which remain in the unit after the end of the rental agreement can be found in the rental agreement.
CONTINGENCY MEASURES. The local governments will implement one or more of the following contingency measures if the A/SM MSA violates the 1-hour ozone standard during the term of this agreement. The signatory parties will select the appropriate contingency measure(s) within 60 days of the date of the 1-hour ozone standard violation. The selected measure(s) will be submitted to TNRCC within 15 days of the date of selection by the signatory parties for adoption into the SIP. The selected contingency measure(s) will be implemented within one year of the date of the violation. 4.1 Heavy Truck Speed Limit Reduction Initial technical analysis indicates that significant NOx emissions reductions can be achieved by implementing reduced speed limits for heavy trucks in the five-county area. Additional benefits of the measure include fuel savings and a reduction in the severity of truck related traffic accidents. EPA’s MOBILE5b emission model indicates that a 5 mph speed limit reduction from 65 mph to 60 mph would reduce NOx emissions by approximately 4.00 tons per day (tpd) in 2007, while VOC emissions remain constant. Reducing the heavy truck speed limit to 55 mph would reduce NOx emissions by approximately an additional 2.8 tpd in 2007 and would reduce VOC emissions by approximately 0.06 tpd. Although additional emissions reductions occur by reducing the heavy truck speed limit from 70 mph to 65 mph, MOBILE5b does not model speeds over 65 mph, so these additional reductions have not been calculated. It is important to note that the emission rates for heavy trucks in MOBILE6, EPA’s new MOBILE model, are expected to be higher than those in MOBILE5b, so the emissions reductions from this measure may increase when calculated using MOBILE6. MOBILE5b 2007 emission rates in grams per mile for Heavy Duty Gas Vehicles (HDGV) and Heavy Duty Diesel Vehicles (HDDV) are as follows: MOBILE5 HDDV NOx g/mi HDDV VOC g/mi HDGV NOx g/mi HDGV VOC g/mi 65 mph 10.86 0.94 5.31 1.55 60 mph 8.86 0.94 5.14 1.55 55 mph 7.49 0.96 4.98 1.58 50 mph 6.56 1.00 4.81 1.63 The initial analysis performed by the Capital Area Metropolitan Planning Organization (CAMPO) used available data for 2007 from the Texas Department of Transportation (TxDOT) and the Texas Transportation Institute (TTI). If this measure is selected for implementation, this analysis will be refined using MOBILE6 and comparative runs of the CAMPO Travel Demand Model. The analysis first calculated HDGV and HDDV vehicle miles traveled (VMT) that would be ...
CONTINGENCY MEASURES. If the Midland Facility Meltshop is reactivated and if any of the Department’s monitors in the Beaver nonattainment area measures a 1-hour concentration of 75 ppb (or greater), the Department will notify Jewel both verbally and in writing. Jewel shall notify the Department, in accordance with Paragraph 9, below, of the operational status of the Meltshop within 10 days of the notice.
CONTINGENCY MEASURES. 17.1. State Street shall at all times maintain and regularly test the adequacy of business contingency and disaster recovery plans that include the use of a back-up facility and systems, documented recovery plans covering all areas of operations, vital records protection and identification of alternative service providers. State Street shall take commercially reasonable measures to maintain and periodically test its back-up facility and systems for its use following the occurrence of an event that results in an interruption or suspension of the Services. 17.2. State Street shall at all times employ a current version of one of the leading commercially available virus detection software programs to test the hardware and software applications used by it to deliver the Services for the presence of any computer code designed to disrupt, disable, harm, or otherwise impede operation.
CONTINGENCY MEASURES. State Street shall implement and maintain disaster recovery and business continuity procedures that are reasonably designed to recover data processing systems, data communications facilities, information, data and other business related functions of State Street in a manner and time frame consistent with legal, regulatory and business requirements applicable to State Street in its provision of services hereunder. In the event of any disaster which causes a business interruption, State Street shall act in good faith and take reasonable steps to minimize service interruptions. Upon the Company’s request, State Street will provide a copy to the Company of the most current overview of its global continuity program generally provided to its customers.
AutoNDA by SimpleDocs
CONTINGENCY MEASURES. At any time following the execution of this Consent Order and Agreement, if the SO2 emissions from the Source 101A (FCC Unit) exceed the validated pounds per hour (lb/hr) permitted emission limit listed in Paragraph 3.a., above, and as reported in accordance with “Continuous Source Monitoring Manual, Revision No. 8,” Document Number: 000-0000-000, effective July 17, 2018, the Facility shall perform a system audit of the FCC Unit’s SO2 control additive system (“FCC Unit Systems Audit”). The FCC Unit Systems Audit will consist of applicable components necessary to inject the proper amount of De-SOX additive which may include the additive meter, PLC logic control system, the Delta V communication interface, the SO2“CEMS analyzer and communications to the operators interface. Within 45 days after the date of the exceedance, United Refining shall submit to the Department a written report detailing the operating parameters of the FCC Unit and its emissions control system.
CONTINGENCY MEASURES. The Management Services Provider is responsible for data backup and recovery of data held by, or on, facilities or hardware under Management Services Provider’s control, and shall ensure that processing can be properly resumed in the event of failures, which include but are not limited to power, mechanical, electronic or communication failure.

Related to CONTINGENCY MEASURES

  • Emergency Measures Additional measures and/or other special requirements necessary during periods of critical fire-weather conditions shall be included in the fire prevention and presuppression plan.

  • Interim Measures Notwithstanding any requirements for alternative dispute resolution procedures as set forth in Articles 18(B), any party to the Dispute may apply to a court for interim measures (i) prior to the constitution of the arbitral tribunal (and thereafter as necessary to enforce the arbitral tribunal’s rulings); or (ii) in the absence of the jurisdiction of the arbitral tribunal to rule on interim measures in a given jurisdiction. The Parties agree that seeking and obtaining such interim measures shall not waive the right to arbitration. The arbitrators (or in an emergency the presiding arbitrator acting alone in the event one or more of the other arbitrators is unable to be involved in a timely fashion) may grant interim measures including injunctions, attachments and conservation orders in appropriate circumstances, which measures may be immediately enforced by court order. Hearings on requests for interim measures may be held in person, by telephone, by video conference or by other means that permit the parties to the Dispute to present evidence and arguments.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • General Measures (a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and child health nurse or Lawyer. A signed statutory declaration can also be offered as evidence. (b) All personal information concerning family violence will be kept confidential in line with the Employer’s policies and relevant legislation. No information will be kept on an Employee’s personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (e) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, union delegate or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. (f) Where requested by an Employee, the Human Resources contact will liaise with the Employee’s manager on the Employee’s behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clause 64.5 and clause 64.6. (g) The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family violence.

  • Prudential Measures 1. Notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures relating to financial services for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by an enterprise supplying financial services, or to ensure the integrity and stability of its financial system. 2. Where measures mentioned in paragraph 1 do not conform to the provisions of this Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement.

  • Protective Measures We have implemented and will maintain appropriate technical and organisational measures in relation to the Services taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing, as well as the likelihood and severity of risk to the rights and freedoms of data subjects. This includes measures relating to the physical security of Our facilities used to deliver them, measures to control access rights to Our assets and relevant networks, and processes for testing these measures. In accordance with Our obligations under applicable law, We may undertake digital forensic investigations in relation to the use of the Services and Subscriptions. You are responsible for using, and ensuring that your Users use, the controls and advice provided by the Services correctly and consistently.

  • Safeguard Measures The Parties note the multilateral negotiations pursuant to Article X of GATS on the question of emergency safeguard measures based on the principle of non-discrimination. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • Non-tariff Measures 1. A Party shall not adopt or maintain any non-tariff measures on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party except in accordance with its WTO rights and obligations or in accordance with other provisions of this Agreement. 2. Each Party shall ensure its non-tariff measures permitted in paragraph 1 are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties.

  • Bilateral Safeguard Measures 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 to 10. 2. Bilateral safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 3. The Party intending to take a bilateral safeguard measure under this Article shall immediately, and in any case before taking a measure, make notification to the other Parties and the Joint Committee. The notification shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration and timetable for the progressive removal of the measure. A Party that may be affected by the measure shall be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 4. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in increasing the rate of customs duty for the product to a level not to exceed the lesser of: (a) the MFN rate of duty applied at the time the action is taken; or (b) the MFN rate of duty applied on the day immediately preceding the date of the entry into force of this Agreement. 5. Bilateral safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. No measure shall be applied to the import of a product which has previously been subject to such a measure. 6. The Joint Committee shall within 30 days from the date of notification examine the information provided under paragraph 3 in order to facilitate a mutually acceptable resolution of the matter. In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 4 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take compensatory action. The bilateral safeguard measure and the compensatory action shall be immediately notified to the other Parties and the Joint Committee. In the selection of the bilateral safeguard measure and the compensatory action, priority must be given to the measure which least disturbs the functioning of this Agreement. The compensatory action shall normally consist of suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The Party taking compensatory action shall apply the action only for the minimum period necessary to achieve the substantially equivalent trade effects and in any event, only while the measure under paragraph 4 is being applied. 7. Upon the termination of the measure, the rate of customs duty shall be the rate which would have been in effect but for the measure. 8. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may take a provisional emergency measure pursuant to a preliminary determination that there is clear evidence that increased imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The Party intending to take such a measure shall immediately notify the other Parties and the Joint Committee thereof. Within 30 days of the date of the notification, the procedures set out in paragraphs 2 to 6, including for compensatory action, shall be initiated. Any compensation shall be based on the total period of application of the provisional emergency measure and of the emergency measure. 9. Any provisional measure shall be terminated within 200 days at the latest. The period of application of any such provisional measure shall be counted as part of the duration of the measure set out in paragraph 5 and any extension thereof. Any tariff increases shall be promptly refunded if the investigation described in paragraph 2 does not result in a finding that the conditions of paragraph 1 are met. 10. Five years after the date of entry into force of this Agreement, the Parties shall review in the Joint Committee whether there is need to maintain the possibility to take safeguard measures between them. If the Parties decide, after the first review, to maintain such possibility, they shall thereafter conduct biennial reviews of this matter in the Joint Committee.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!