Definition and Payment Sample Clauses

Definition and Payment. 35.1.1 Inclement weather shall mean the existence of continuous abnormal and/or extreme climatic conditions described herein, whereby it is either unsafe and/or unreasonable for Employees, exposed to this weather, to continue working.
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Definition and Payment. Work done in excess of or outside the regular hours of work or outside an employee's rostered starting and finishing time, or on a shift other than a rostered shift, will be paid at time and one-half the ordinary hourly rate for the first three hours and double time after that for each day or shift, until the completion of the overtime work, except when the time is worked
Sample 1
Definition and Payment. 6.25.1(a) An employee who works on a Sunday/holiday will be paid at two and a half times the ordinary rate. 6.25.1(b) A shift commencing before 10.45 p.m. on a Sunday/holiday will be regarded as a Sunday/holiday shift.
Sample 1
Definition and Payment. Tenant will pay directly to the taxing or other authority by whom imposed all Property Taxes as herein defined. The term “Property Taxes” means the aggregate amount of all real estate taxes, assessments (whether general or special), sewer rents and charges, governmentally mandated transit taxes, taxes based upon the receipt of rent and any other federal, state or local governmental charge, general, special, ordinary or extraordinary, and any tax or imposition upon the Premises by any governmental authority, in lieu of, or as a substitute for, Property Taxes assessed on the Premises, whether any of such Property Taxes are currently in effect or applicable to the Premises or are hereafter enacted or imposed (but not including income or franchise taxes, capital stock, inheritance, estate, gift, or any other taxes imposed upon or measured by Landlord’s gross income or profits, unless the same is imposed in lieu of real estate taxes or other ad valorem taxes), which Landlord or Tenant becomes obligated to pay in connection with the Premises, or any part thereof and will also include any personal property taxes imposed upon the furniture, fixtures, machinery, equipment, apparatus, systems and appurtenances of Landlord or Tenant used in connection with the Premises, including fixtures and equipment serving the Premises and situated on adjacent properties within easements appurtenant to the Premises. Property Taxes will also include all fees and costs, including attorneys’ fees, appraisals and consultants’ fees, (collectively “Landlord’s Tax Reduction Expenses”) incurred by Landlord in seeking to obtain a reassessment or reduction of Property Taxes, but only to the extent of actual savings to Tenant as a result of such reassessment or reduction. If the amount of savings in the first year after the reduction or reassessment in question, is less than the total amount of Landlord’s Tax Reduction Expenses, such Expenses may be included in Property Taxes incrementally to the extent of the savings in each succeeding year until fully amortized. Subject to the provisions of Article 6 below relating to Permitted Contests, all such Property Taxes will be paid when due and prior to the date on which interest or penalties would begin to accrue and Tenant will provide to Landlord at the address to which Tenant pays Fixed Rent, not more that ten (10) days after the due date, a receipted tax xxxx or other evidence of payment reasonably acceptable to Landlord.
Sample 1
Definition and Payment. (i) Inclement weather shall mean the existence of continuous abnormal and/or extreme climatic conditions including • hail, • snow • cold • severe dust storm • smoke or poor air quality • extreme high temperature • high humidity • high wind • rain affected work site whereby it is either unsafe and/or unreasonable for employees, exposed to this weather, to continue working.
Sample 1

Related to Definition and Payment

  • Calculation and Payment No later than the second Business Day following the receipt by Purchasers of the Monthly Servicing Oversight Report for a calendar month, Holdings will remit to Seller in immediately available funds the Seller Monthly Servicing Fee and Performance Fees payable by Holdings to Seller for the related calendar month, along with a report showing in reasonable detail the calculation of such Seller Monthly Servicing Fees and Performance Fees.

  • Determination and Payment Subject to the foregoing, promptly after receipt of a statement requesting payment with respect to the indemnification rights set forth in Section 1, to the extent required by applicable law, the Company shall take the steps necessary to authorize such payment in the manner set forth in Section 145 of the Delaware General Corporation Law. The Company shall pay any claims made under this Agreement, under any statute, or under any provision of the Company’s Certificate of Incorporation or Bylaws providing for indemnification or advancement of Expenses, within thirty (30) days after a written request for payment thereof has first been received by the Company, and if such claim is not paid in full within such thirty (30) day-period, Indemnitee may, but need not, at any time thereafter bring an action against the Company in the Delaware Court of Chancery to recover the unpaid amount of the claim and, subject to Section 12, Indemnitee shall also be entitled to be paid for all Expenses actually and reasonably incurred by Indemnitee in connection with bringing such action. It shall be a defense to any such action (other than an action brought to enforce a claim for advancement of Expenses under Section 2(a)) that Indemnitee has not met the standards of conduct which make it permissible under applicable law for the Company to indemnify Indemnitee for the amount claimed. In making a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement and the Company shall have the burden of proof to overcome that presumption with clear and convincing evidence to the contrary. The termination of any Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that Indemnitee did not act in good faith and in a manner which Indemnitee reasonably believed to be in or not opposed to the best interests of the Company, or, in the case of a criminal Proceeding, that Indemnitee had reasonable cause to believe that Indemnitee’s conduct was unlawful. In addition, it is the parties’ intention that if the Company contests Indemnitee’s right to indemnification, the question of Indemnitee’s right to indemnification shall be for the court to decide, and neither the failure of the Company (including its Board of Directors, any committee or subgroup of the Board of Directors, independent legal counsel, or its stockholders) to have made a determination that indemnification of Indemnitee is proper in the circumstances because Indemnitee has met the applicable standard of conduct required by applicable law, nor an actual determination by the Company (including its Board of Directors, any committee or subgroup of the Board of Directors, independent legal counsel, or its stockholders) that Indemnitee has not met such applicable standard of conduct, shall create a presumption that Indemnitee has or has not met the applicable standard of conduct. If any requested determination with respect to entitlement to indemnification hereunder has not been made within ninety (90) days after the final disposition of the Proceeding, the requisite determination that Indemnitee is entitled to indemnification shall be deemed to have been made.

  • Termination and Payment Upon any termination or expiration of this Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement. And upon such termination, Consultant shall provide and deliver to Client any and all outstanding services due through the effective date of this Agreement.

  • Computation and Payment Interest shall be computed on the basis of a 360-day year, actual days elapsed. Interest shall be payable at the times and place set forth in each promissory note or other instrument or document required hereby.

  • Calculation and Payment of Fees All fees shall be calculated on the basis of the actual number of days elapsed in a 360-day year. All fees shall be payable in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations. Fees shall be payable to the Administrative Agent at its office in New York, New York in immediately available funds. All fees shall be fully earned and nonrefundable when paid. All fees due to any Arranger or any other Lender, including, without limitation, those referred to in this Section 5.3, shall bear interest, if not paid when due, at the interest rate specified in Section 5.1(d) and shall constitute Obligations.

  • Computation and Payment of Fee The advisory fee shall accrue on each calendar day, and shall be payable monthly on the first business day of the next succeeding calendar month. The daily fee accruals shall be computed by multiplying the fraction of one divided by the number of days in the calendar year by the annual advisory fee rate, and multiplying this product by the Managed Assets of the Fund, determined in the manner established by the Directors, as of the close of business on the last preceding business day on which the Fund's net asset value was determined.

  • Consideration and Payment The purchase price for the sale of the Purchased Assets sold to the Purchaser on the Closing Date shall equal the estimated fair market value of the Purchased Assets. Such purchase price shall be paid in cash to Santander Consumer in an amount agreed to between Santander Consumer and the Purchaser, and, to the extent not paid in cash by the Purchaser, shall be paid by a capital contribution by Santander Consumer of an undivided interest in such Purchased Assets that increases its equity interest in the Purchaser in an amount equal to the excess of the estimated fair market value of the Purchased Assets over the amount of cash paid by the Purchaser to Santander Consumer.

  • Collection and Payment The Trustees shall have full power and authority to collect all property due to the Trust; to pay all claims, including taxes, against the Trust or Trust Property; to prosecute, defend, compromise, settle or abandon any claims relating to the Trust or Trust Property; to foreclose any security interest securing any obligations, by virtue of which any property is owed to the Trust; and to enter into releases, agreements and other instruments.

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