DEFRA. Defra will be responsible for exercising its duties in relation to the Countryside and Rights of Way Act 2000, and for:
4.6.1 contributing to the costs of the Partnership in accordance with clause 9;
4.6.2 working to the principles set out in the tri-partite Memorandum of Understanding between Defra, Natural England and the NAAONB, a copy of which is annexed to this Agreement
4.6.3 supporting the work of the Partnership
4.6.4 working across Government and with national organisations to promote the role and value of AONBs to society and our natural environment.
DEFRA. (i) Notwithstanding anything in this Agreement or any other agreement between the Executive and the Company to the contrary, in the event that the provisions of the Deficit Reduction Act of 1984 ("DEFRA"), and Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") relating to "excess parachute payments" (as defined in the Code) shall be applicable to any payment or benefit received or to be received by Executive, then the total amount of payments or benefits payable to Executive shall be reduced to the largest amount such that the provisions of DEFRA and Section 280G of the Code relating to "excess parachute payments" shall no longer be applicable. Should such a reduction be required, the Executive shall determine, in the exercise of his sole discretion, which payment or benefit to reduce or eliminate. Pending such determination, the Company shall continue to make all other required payments to Executive at the time and in the manner provided herein and shall pay the largest portion of any parachute payments such that the provisions of DEFRA relating to "excess parachute payments" shall no longer be applicable.
(ii) Due to the complexity in the application of Section 280(G) of the Code, it is possible that payments made or benefits received hereunder should not have been made under clause (e)(i) above (an "Overpayment"). If it is determined by the Company's outside auditors in their reasonable good faith judgment or by any court of competent jurisdiction that an Overpayment has been made resulting in an "Excess Parachute Payment" as defined in Section 280G(b)(1) of the Code), then any such Overpayment shall be treated for all purposes as an unsecured, long-term loan from the Company to the Executive, or the Executive's personal representative, successors or assigns, as the case may be, that is payable, together with accrued interest from the date of the making of the Overpayment at the rate of 8% per annum on the later to occur of the third anniversary of the payment of such Overpayment, or 6 months following the date upon which it is determined an Overpayment was made. Should it be determined that such an Overpayment has been made, the Executive shall determine, in the exercise of his sole discretion, which payments or benefits shall be deemed to constitute the Overpayment.
DEFRA. Though not party to this MoA DEFRA will remain responsible for exercising its duties in relation to the Countryside and Rights of Way Xxx 0000, and for:
4.6.1 contributing to the costs of the Partnership in accordance with clause 9;
4.6.2 working to the principles set out in the tri-partite Memorandum of Understanding between DEFRA, Natural England and the NAAONB, a copy of which is annexed to this Agreement
4.6.3 supporting the work of the Partnership
4.6.4 working across Government and with national organisations to promote the role and value of AONBs to society and our natural environment.
DEFRA. Though not party to this MoA the Parties understand that it is the intention of Defra to remain responsible for exercising its duties in relation to the Countryside and Rights of Way Act 2000 and for:
4.6.1 contributing to the costs of the Partnership in accordance with clause 9;
4.6.2 working to the principles set out in the tri-partite Memorandum of Understanding between Defra, Natural England and the NAAONB, a copy of which is annexed to this Agreement
4.6.3 supporting the work of the Partnership
4.6.4 working across Government and with national organisations to promote the role and value of AONBs to society and our natural environment.
DEFRA. (i) Notwithstanding anything in this Agreement to the contrary, in the event that the provisions of the Deficit Reduction Act of 1984 ("DEFRA"), and Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") relating to "excess parachute payments" (as defined in the Code) shall be applicable to any payment or benefit received or to be received by Executive, then the total amount of payments or benefits payable to Executive shall be the greater of (x) the largest amount such that the provisions of DEFRA and Section 280G of the Code relating to "excess parachute payments" shall no longer be applicable and (y) 80% of the amount of the payments to be received by the Executive. Notwithstanding the foregoing, such amount (y) shall be deemed to be less than the amount determined pursuant to clause (x) in the immediately preceding sentence unless it exceeds the amount determined pursuant to clause (x) by at least $50,000. Should such a reduction be required, the Executive shall determine, in the exercise of his sole discretion, which payment or benefit to reduce or eliminate. Pending such determination, the Company shall continue to make all other required payments to Executive at the time and in the manner provided herein and shall pay the largest portion of any parachute payments such that the provisions of DEFRA relating to "excess parachute payments" shall no longer be applicable.
DEFRA. (i) Notwithstanding anything in this Agreement or any other agreement between the Executive and the Company to the contrary, in the event that the provisions of the Deficit Reduction Act of 1984 ("DEFRA"), and Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") relating to "excess parachute payments" (as defined in the Code) shall be applicable to any payment or benefit received or to be received by Executive, then the total amount of payments or benefits payable to Executive shall be reduced to the largest amount such that the provisions of DEFRA and Section 280G of the Code relating to "excess parachute payments" shall no longer be applicable. Should such a reduction be required, the Executive shall determine, in the exercise of his sole discretion, which payment or benefit to reduce or eliminate. Pending such determination, the Company shall continue to make all other required payments to Executive at the time and in the manner provided herein and shall pay the largest portion of any parachute payments such that the provisions of DEFRA relating to "excess parachute payments" shall no longer be applicable.
DEFRA. A Government ban is proposed from April 2020 on plastic straws, cotton buds and stirrers with further bans coming into effect in June 2021.
DEFRA. Though not party to this MoA, Xxxxx will remain responsible for exercising its duties in relation to the Countryside and Rights of Way Xxx 0000, and for:
4.6.1 Contributing to the costs of the Partnership in accordance with clause 9 – see also Annex 3 - Lincolnshire Wolds AONB Offer Letter.
4.6.2 Working to the principles set out in the tri-partite Memorandum of Understanding between Defra, Natural England and the NAAONB, a copy of which is annexed to this Agreement.
4.6.3 Supporting the work of the Partnership.
4.6.4 Working across Government and with national organisations to promote the role and value of AONBs to society and our natural environment.
