Decisions of the Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties, but in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of any discharge or a discipline grievance by any arrangement which in its opinion it deems just and equitable.
Conclusions and Recommendations The demonstration and evaluation process provided an opportunity to test community specific tools with a range of end users from the memory institution domain and to gain greater insight into both the current and future evolution of the SHAMAN prototypes for preservation, access and re-use. Xxxx et al. (2000) in their user evaluation study of the Alexandria Digital Library which incorporated the evaluation of a Web prototype by earth scientists, information specialists and educators raised four key questions in relation to their findings that SHAMAN may be well advised to consider, they are paraphrased here with our conclusions from the investigations. What have we learned about our target organizations and potential users? Memory institutions are most definitely not a homogenised group; their needs and requirements differ greatly across the domain. Representatives of the archives community are agreed on the benefits of SHAMAN‟s authenticity validation function. The representatives of government information services remained unconvinced as to the need or benefit of grid technologies or distributed ingest while librarians saw the value of grid access as an asset of the framework. What have we learned about the evaluation approach for digital preservation? Within the limits of the exercise, in terms of time-frame and resources, the approach adopted has generated useful information for the further development of demonstrators and for the development of the SHAMAN framework overall. What have we learned about the SHAMAN ISP1 demonstrator? Respondents to the evaluation questionnaires and the focus groups indicate that, overall, the presentation of the demonstrator worked effectively and that, in general, participants in the demonstration and evaluation events were able to understand the intentions of the demonstration and to apply the ideas presented to their own context. What have we learned about the applicability of the SHAMAN framework to memory institutions? Respondents to the questionnaires and participants in the focus groups readily identified the value of the SHAMAN framework to their own operations. The majority had not yet established a long-term digital preservation policy, but recognized the need. Generally, the concepts of distributed ingest and grid operations found favour. Virtually all practitioners in the focus groups, however, drew attention to need of a lower level demonstration that would be closer to their everyday preservation troubles, especially for digital preservation to be applied to non-textual materials, such as film, photographs and sound archives. In addition to the criteria suggested by Xxxx et al., we can add a further project-related question: What have we learned that has implications for the training and dissemination phase of the Project? It was not part of the remit of the demonstration and evaluation specifically to discover information of relevance to the training and dissemination function. However, a number of factors will affect the efficacy of any training programme in particular. o First, no common understanding of digital preservation can be assumed of the potential target audiences for training. Consequently, it is likely that self-paced learning materials will be most effective in presenting the SHAMAN framework. o Secondly, the aims of SHAMAN as a project must be conveyed clearly: specifically, that it is a kind of „proof-of-concept‟ project and is not intended to deliver a package of programs capable of being implemented by institutions. o Thirdly, it needs to be emphasised that the SHAMAN framework is not limited to text documents; it can be applied to materials of all kinds. However, the demonstrations relate to bodies of material that were actually available for use. o Fourthly, the existing presentation materials are capable of being adapted for use in training activities. o Finally, the target audiences will appreciate the possibility of online access to the demonstrator, which will need to have very great ease of access in order that people with diverse backgrounds are able to use it with equal facility. We believe that, overall, WP14 has met its aims and objectives in this demonstration and evaluation of ISP1. Valuable lessons have been learnt by all parties involved, which will be transferred to the evaluation of ISP2 in the coming months.
Decisions by Members Whenever in this Agreement reference is made to the decision, consent, approval, judgment, or action of the Members, unless otherwise expressly provided in this Agreement, such decision, consent, approval, judgment, or action shall mean a Majority of the Members.
– GENERAL PROVISIONS ON PAYMENTS II.16.1 Payments shall be made by the Commission in euro. Any conversion of actual costs into euro shall be made at the daily rate published in the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the Commission and published on its website applicable on the day when the payment order is issued by the Commission, unless the Special Conditions of the agreement lay down specific provisions. Payments by the Commission shall be deemed to be effected on the date when they are debited to the Commission's account.
GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and
Notification of Limitations on Contributions San Francisco Campaign and Governmental Conduct Code (the “Conduct Code”) Section 1.126 prohibits any person who contracts with the City for selling or leasing any land or building to or from the City whenever such transaction would require the approval by a City elective officer or the board on which that City elective officer serves, from making a contribution to such an officer, or candidate for such an office, or committee controlled by such officer or candidate at any time from the commencement of negotiations for such contract until the termination of negotiations for such contract or three months has elapsed from the date the contract is approved by the City elective officer, or the board on which that City elective officer serves. San Francisco Ethics Commission Regulation 1.126-1 provides that negotiations are commenced when a prospective contractor first communicates with a City officer or employee about the possibility of obtaining a specific contract. This communication may occur in person, by telephone or in writing, and may be initiated by the prospective contractor or a City officer or employee. Negotiations are completed when a contract is finalized and signed by the City and the contractor. Negotiations are terminated when the City and/or the prospective contractor end the negotiation process before a final decision is made to award the contract. Through its execution of this Agreement, Tenant acknowledges that it is familiar with the provisions of Article III, Chapter 2 of City's Campaign and Governmental Conduct Code, and sections 87100 et seq and sections 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitute a violation of said provisions and agrees that if it becomes aware of any such fact during the term of this Agreement it shall immediately notify City.
Benefit Provisions The following benefits will be provided to employees based on eligibility requirements in the local collective agreements:
IMPLICATIONS OF THE LISTING RULES As one or more of the applicable percentage ratios (as defined in the Listing Rules) of the transactions under the Finance Lease Agreement are more than 5% but less than 25%, the transactions under the Finance Lease Agreement constitute discloseable transactions of the Company under Chapter 14 of the Listing Rules, and are subject to the announcement and reporting requirements under the Listing Rules.
REASONS FOR AND BENEFITS OF THE ACQUISITION The principal activities of the Group are investment holding, manufacturing and trading of printed circuit boards (the “Printed Circuit Boards Business”), trading of petroleum and energy products and related business (the “Petroleum and Energy Business”), and vessel chartering. In view of the ongoing trade war between the PRC and the US and the recent global coronavirus outbreak, there have been adverse impacts on the Printed Circuit Boards Business and the Petroleum and Energy Business. The Board expects that the Petroleum and Energy Business may be further affected due to (i) the increase of volatility of the oil price; (ii) the intensified competition in the oil trading business arising from slowing down of the international trade and the demand for oil and oil products; (iii) tightening of bank credits available to the Group; and (iv) ongoing legal proceedings against the Company. Therefore, the Group considers to diversify its business into other business sectors. The Acquisition is a good opportunity for the Group to diversify its business stream and mitigate the risks arising from the international trade. The Target Group’s business in the manufacturing and trading of printing and packaging products is based in Guangdong-Hong Kong-Macao Greater Bay Area and its clients are mainly from Hong Kong and the PRC. Over the years, with implementation of a series of operational strategies, including focusing more on sales orders for high-quality printing and packaging products with higher profit margin, stringent cost control measures and upgrading the manufacturing base by investing in new and advanced printing and packaging equipment, the Target Group has established its own brand and a long-term loyalty client base, which contributes to more than 50% of the Target Group’s revenue. Furthermore, in negotiating the Acquisition, the Vendor agreed to provide profit guarantees to the Purchaser as set out in the section headed “Profit guarantees and compensation” above, which provides a safeguard for the Company to closely monitor the development of the Target Group. The management of the Company believes that the printing and packaging business of the Target Group will have a synergy effect on the Group’s current business. With the new business sector, the Company would be able to provide printing and packaging, brand labelling and other logistics services to its existing customers. As the Group has an existing vessel chartering business, the management of the Company will further explore the possibility of transforming the existing vessels or hiring vessels to shipping cargoes such that the Group could further use its own resources to extend its business into logistics services. With the view to strengthen the Group’s long-term competitiveness and value, the Group plans to combine the high-quality printing business with intellectual property marketing to achieve a total marketing solution model to provide creative solution to its clients. In this way, the printing and packaging business is able to create a vertically integrated business to include selecting/designing intellectual property products which fit brand image, licensing from intellectual property holder and providing printed marketing materials and packages, etc. Currently, the Group is in the process of hiring staff who are experienced in marketing intellectual property products such as cartoon and movie images. The Consideration, which would be partially settled by the issue of Promissory Note, will not require substantial immediate cash outflow of the Group, therefore easing the financial burden of the Company. In the view of all above, the Board (including the independent non-executive Directors) considers that the Acquisition is fair and reasonable and is in the interests of the Company and its Shareholders as a whole.
Determinations of Director Pursuant to the Act and Section II of the Agreement and subject to the remaining terms and provisions of the Agreement and all Appendices thereto, the Director hereby determines that the financial assistance to be provided by the OPWC to the Recipient is in compliance with the Act and is provided to the Recipient for the sole and express purpose of financing the Eligible Project Cost and/or reimbursing the Recipient for such Eligible Project Cost.
