Department of Labor. The Department of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it.”
Department of Labor. The Issuer shall give the Trustee and each Noteholder prompt written notice of any event that could result in the imposition of a Lien on the assets of the Issuer or any of its ERISA Affiliates under Section 430(k) of the Code or Section 303(k) or 4068 of ERISA;
Department of Labor. The Company's Board of Directors shall have the discretion to grant increases in Base Salary in excess of the amounts provided herein.
Department of Labor. To assist the Contractors in attaining a maximum effort on this Project, the Unions agree to work in close cooperation with, and accept monitoring by, the New Jersey State and Federal Departments of Labor to ensure that minorities, women, or economically disadvantaged are afforded opportunities to participate in apprenticeship programs which result in the placement of apprentices on this Project. To further ensure that this Contractor effort is attained, up to 50% of the apprentices placed on this Project should be first year, minority, women or economically disadvantaged apprentices. The Local Unions will cooperate with Contractor request for minority, women or economically disadvantaged referrals to meet this Contractor effort.
Department of Labor. If the Bureau of Labor Statistics ceases to publish or substantially changes the content, calculation or format of the CPI, the parties will substitute another comparable index published by a mutually agreeable source; provided, however, that if the change is merely to redefine the base period to some other period, the parties will continue to use the affected index but will convert either the current or prior level of such index to the same basis as the other by using an appropriate conversion factor.
Department of Labor. If the Fund intends to trade securities on a foreign exchange, or hold securities denominated in foreign currencies, there will be an annual fund accounting surcharge of $4,000 per Fund. The foregoing fee schedule assumes a single class of shares for the Fund. Additional fees shall apply when adding any additional Funds and/or classes, including compensation for the Administrator's services in connection with the organization of the new Fund(s) or classes. The Administrator shall provide such services and be entitled to such compensation as the parties may mutually agree in writing.
Department of Labor. If the CPI shall hereafter be converted to a different standard reference base or otherwise revised, adjustments of rent based upon the CPI shall be made with the use of such conversion factor, formula or table for converting the CPI as may be published by the Bureau of Labor Statistics, or if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by any nationally recognized publisher of similar statistical information. If the CPI shall cease to be published, there shall be substituted therefore such index as Lessor selects as a reasonable substitute.
Department of Labor. In the event that the Consumer Price Index referred to herein ceases to incorporate a significant number of the items as currently set forth therein, or if a substantial change is made in the method of establishing said Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing the Consumer Price Index. In the event that the Consumer Price Index (or successor or substitute index) is not available, then the Company may use another governmental or nonpartisan publication evaluating the information theretofore used in determining the Consumer Price Index in lieu of said Consumer Price Index.
Department of Labor. Broker represents that when selling Contracts to ERISA plans or IRA’s, it is (a) acting independent of Principal Underwriter, (b) an investment advisor registered under the Investment Advisors Act of 1940, or a broker-dealer registered under the Securities Exchange Act of 1934, (c) an ERISA and/or Tax Code fiduciary acting on behalf of the ERISA plan or XXX, and responsible for exercising independent judgment in evaluation the transaction, and (d) is capable of evaluation investment risks independently, both in general, and with regard to particular transactions and investment strategies. Principal Underwriter represents that (i) it is not undertaking to provide impartial investment advice, or to give advice in a fiduciary capacity in connection with the sale of the Contracts, but is acting for its own financial interests, (ii) it has informed Broker of the existence and nature of the Principal Underwriter’s interests in the transaction by disclosing its fees and (c) Principal Underwriter will not receive a separate fee for the provision of investment advice in connection with the transaction. This independent fiduciary exception is effective as of the date the selling agreement is executed and applies to each ERISA plan or XXX on whose behalf Broker will be acting regarding the purchase of the Contracts. This paragraph documents the fiduciary roles with respect to this selling agreement between Principal Underwriter and Broker, and the reliance and utilization of the “transactions with independent fiduciaries with financial expertise” exception found in Department of Labor Regulation §2510.3-21(c)(1).
Department of Labor. In the event that this Consumer Price Index shall be superseded or shall be published by a different agency, then the superseding index shall be substituted for this Consumer Price Index in such a manner as to implement the intent of this Agreement that the Executive's base salary shall be adjusted, beginning as of January 1, 2004, and Deferred Compensation shall be adjusted annually, beginning as of January 1, 2001, so that the purchasing power thereof shall be maintained at a level at least equivalent to the purchasing power thereof at the immediately preceding January 1.
