Departures or Other Enhancements or Reductions Sample Clauses

Departures or Other Enhancements or Reductions. In light of anticipated changes to the Tax Table in the United States Sentencing Guidelines (USSG 13 § 2T4.1) that are scheduled to go into effect on November 1, 2015, the United States agrees to recommend pursuant to 18 U.S.C. § 3553(a) that defendant be 14 sentenced based upon a sentencing range of 24-30 months. This is to account for the fact that under the revised guidelines, the estimated tax loss in this case of 15 $492,000 would result in a base offense level of 18, which is two levels lower than under the Sentencing Guidelines in effect at the time of this plea agreement. 16 This adjustment in the sentence recommended by the government is intended to give the defendant the full benefit of the expected forthcoming changes to
Sample 1
AutoNDA by SimpleDocs
Departures or Other Enhancements or Reductions. 8 The parties agree that they will not seek or argue in support of any other specific offense 9 characteristics, Chapter Three adjustments (other than the decrease for “Acceptance of Responsibility”), 10 or cross-references, except that the government may move for a departure or an adjustment based on the 11 defendant’s cooperation (§5K1.1), post-plea obstruction of justice (§3C1.1), or as provided under 12 U.S.S.G. § 2C1.1, Appl. Note 7. The defendant may make any argument for departure from the 13 Sentencing Guidelines and the United States may oppose. 14 The defendant is free to recommend to the Court whatever sentence she believes is appropriate 15 under 18 U.S.C. § 3553(a). The government reserves the right to oppose any variance under 18 U.S.C. 16 § 3553(a).
Sample 1
Departures or Other Enhancements or Reductions. 25 The parties stipulate and agree that they will not seek or argue in support of any specific offense 26 characteristics, Chapter Three adjustments (other than the decrease for “Acceptance of Responsibility”), 27 or cross-references not already set forth in this Agreement. Both parties further stipulate and agree not 28 to move for, or argue in support of, any departure from the Sentencing Guidelines. However, the 1 defendant reserves the right to seek a deviance or variance from the Sentencing Guidelines under United 2 States x. Xxxxxx, 543 U.S. 220 (2005) and on the basis of the factors set forth in 18 U.S.C. § 3553, but 3 in no event shall the defendant argue for a sentence below the mandatory minimum sentence. The 4 government reserves the right to oppose any deviance or variance, and to offer evidence at sentencing to 5 support the government’s recommended sentence.
Sample 1
Departures or Other Enhancements or Reductions. The parties agree that they will 12 not seek or argue in support of any other specific offense characteristics, Chapter Three adjustments 13 (other than the decrease for “Acceptance of Responsibility”), or cross-references, except that the 14 government may move for a departure or adjustment based on defendant’s post-plea obstruction of 15 justice (§3C1.1). Both parties agree not to move for, or argue in support of, any departures or 16 adjustments from the Sentencing Guidelines.
Sample 1

Related to Departures or Other Enhancements or Reductions

  • REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

  • Court Action or Other Legal Processes (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.

  • Difficulties in paying (a) If you have difficulties paying your bill, you should contact us as soon as possible. We will provide you with information about payment options.

  • HELP FOR PERSONS AFFECTED BY ALCOHOL AND/OR OTHER DRUGS The OH&S Committee and management will provide information and assistance to persons seeking help for alcohol/drug problems or related problems, confidentially and without prejudice. • Sick leave or leave without pay may be negotiated to enable participation in rehabilitation or counselling. • No-one will be disadvantaged in the workplace as a result of undertaking a rehabilitation program.

  • Persons Affected by Alcohol and/or Other Drugs 3.1 A person who is under the influence of alcohol and/or any other drug will not be allowed to work on a building site whilst he/she is incapable of performing safe work practices.

  • Effect on Other Entitlements F12.13 Compassionate leave with pay will count as service for all purposes.

  • NO STRIKES OR LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act, as amended.

  • Services Available or Provided from Other Sources Services for any condition, illness, or disease which should be covered by the United States government or any of its agencies, Medicare, any state or municipal government or any of its agencies except emergency care when there is a legal responsibility to provide it. • Services or supplies for military-related conditions, such as war, or any military action, which takes place after your coverage becomes effective. • Services received in a facility mainly meant to care for students, faculty, or employees of a college or other institution of learning. • Covered healthcare services provided to you when there is no charge to you or there would have been no charge to you absent this health plan. • Services if another entity or agency is responsible under state or federal laws, which are provided for the health of schoolchildren or children with disabilities. See Title 16, Chapters 21, 24, 25, and 26 of the R.I. General Laws. See also applicable regulations about the health of schoolchildren and the special education of children with disabilities or similar rules set forth by federal law or state law of applicable jurisdiction. • Services and supplies which are required under the laws of a state, other than Rhode Island, and are not provided under this health plan. All Other Exclusions • Services not approved by the FDA or other governing body. • Services we have not reviewed or we have not determined are eligible for coverage. • Services obtained through fraud or intentional misrepresentation. • Administrative service charges for: o missed appointments; o completion of claim forms; o additional fees, sometimes referred to as access fees, associated with concierge, boutique, or retainer practices; and o any other administrative charges. • Blood services for drawing, processing, or storage of your own blood, including any penalty fees related to blood services. • Continuation of a covered healthcare service or benefit as a result of a clerical error. • Custodial care, rest care, day care, or non-skilled care services. • Convalescent homes, nursing homes including non-skilled care, assisted living facilities, or other residential facilities. • Educational classes, unless listed as covered, and training services. • Exams or services that are required for or related to employment, education, marriage, adoption, insurance purposes, court order, or similar third parties when not medically necessary or when the benefit limit for the exam or service has been met. • Routine foot care, including the treatment of corns, bunions except capsular or bone surgery, calluses, the trimming of nails, the treatment of simple ingrown nails and other preventive hygienic procedures, except when performed to treat diabetic related nerve and circulation disorders of the feet. • Treatment of flat feet unless the treatment is a covered surgical service. • Telephone consultations, telephone services, or medication monitoring by phone, except for clinically appropriate telemedicine services as described in Section 3. • Healthcare services for work-related illnesses or injuries for which benefits are available under Workers’ Compensation , whether or not you are entitled to such benefits, unless: o you are self-employed, a sole stockholder of a corporation, or a member of a partnership; and o your illnesses or injuries were incurred in the course of your self-employment, sole stockholder, or partnership activities; and o you are not enrolled as an employee under a group health plan sponsored by another employer. • Services and supplies used for your personal appearance and/or comfort, whether or not prescribed by a physician and regardless of your condition. These services and supplies include, but are not limited to: o batteries, unless indicated as covered;

  • MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

  • Malfunctions See above.

Time is Money Join Law Insider Premium to draft better contracts faster.