Determination of Eligibility. The Plan Administrator shall determine the eligibility of each Employee for participation in the Plan based upon information provided by the Employer. Such determination shall be conclusive and binding on all individuals except as otherwise provided herein or by operation of law.
Determination of Eligibility. An employee’s eligibility for participation in insurance benefits under this Article will be based on their assigned schedule during the first month of the school year, or at the time of hire if hired later in the school year. A reduction in hours resulting from a change in an employee’s assignment by the School District based on shortage of work or funding, shall not affect the employee’s eligibility for insurance contributions from the School District for the remainder of the School Year.
Determination of Eligibility. Subject to Section 2.2.4, the CAISO shall permit a Party who has submitted an application under this Section 2.2 to become a Participating TO if, after considering all comments received from other Parties and third parties, the CAISO determines that:
i. the applicant’s transmission lines and associated facilities, including Entitlements, that are to be placed under the CAISO’s Operational Control can be incorporated into the CAISO Controlled Grid without any material adverse impact on its reliability;
ii. incorporating such transmission lines and associated facilities and Entitlements into the CAISO Controlled Grid will not put the CAISO in breach of Applicable Reliability Criteria and its obligations as a member of WECC;
iii. objections by the CAISO under Section 4.1.3 shall have been withdrawn or determined by the CAISO Governing Board to be invalid;
iv. all applicable regulatory approvals of the applicant’s TO Tariff have been obtained, which approvals shall specify that the effective date of the TO Tariff is the date that the CAISO assumes Operational Control of the applicant’s transmission lines and associated facilities and Entitlements; and
v. the applicant is capable of performing its obligations under this Agreement. Objections under Section 4.1.3 relating solely to a portion of a TO’s facilities or Entitlements shall not prevent the TO from becoming a Participating TO while the objections are being resolved.
Determination of Eligibility. To the extent the DGCL requires a determination as to whether a standard of conduct expressed in Section 145 thereof has been met by a Person or any other determination bearing on whether a Person is entitled to indemnification, such determination shall be made by the Board.
Determination of Eligibility. Notwithstanding the provisions of Section A of Article NINTH, to ----------------------------- the extent required under the 1940 Act,
(i) Article NINTH, Section A, shall not protect any person against any liability to the Trust or to its Shareholders to which he would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his office;
(ii) in the absence of a final decision on the merits by a court or other body before whom a Proceeding was brought that a Covered Person was not liable by reason of willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his office, no indemnification shall be permitted unless a determination that such person was not so liable shall have been made on behalf of the Trust by (a) the vote of a majority of the "disinterested, non-party Trustees," as defined below, or (b) an independent legal counsel as expressed in a written opinion; and
(iii) the Trust shall not advance attorneys' fees incurred by a Covered Person in connection with Proceeding unless the Trust receives an undertaking by or on behalf of the Covered Person to repay the advance (unless it is ultimately determined that he is entitled to indemnification) and (a) the Covered Person shall provide security for his undertaking, or (b) the Trust shall be insured against losses arising by reason of any lawful advances, or (c) a majority of the disinterested, non-party trustees of the Trust or an independent legal counsel, as expressed in a written opinion, shall determine, based on a review of readily available facts (as opposed to a full trial-type inquiry), that there is reason to believe that the Covered Person ultimately will be found entitled to indemnification. Such undertaking shall provide that the Covered Person to whom the advance was made shall not be obligated to repay pursuant to such undertaking until the final determination of any pending Proceeding in a court of competent jurisdiction, including appeals therefrom, concerning the right of such Covered Person to be indemnified by the Trust or the obligation of such person to repay pursuant to the undertaking. Any approval pursuant to this Section shall not prevent the recovery from any Covered Person of any amount paid to such Covered Person in accordance with this Section as indemnification if such Covered Person is subsequently adjudicated by a court of compet...
Determination of Eligibility. (a) All determinations whether indemnification of a person is required because the criteria set forth in Section 2 have been satisfied and whether a person is entitled to payment or reimbursement of expenses in advance of the final disposition of a proceeding as provided in Section 3 shall be made:
(1) by the Board by a majority of a quorum. Directors who are at the time parties to the proceeding shall not be counted for determining either a majority or the presence of a quorum;
(2) if a quorum under clause (1) cannot be obtained by a majority of a committee of the Board, consisting solely of two or more directors not at the time parties to the proceeding, duly designated to act in the matter by a majority of the full Board, including directors who are parties;
(3) if a determination is not made under clause (1) or (2) by special legal counsel, selected either by a majority of the Board or a committee by vote pursuant to clause (1) or (2) or, if the requisite quorum of the full Board cannot be obtained and the committee cannot be established, by a majority of the full Board including directors who are parties;
(4) if a determination is not made under clauses (1) to (3) by the shareholders, excluding the votes of shares held by parties to the proceeding; or
(5) if an adverse determination is made under clauses (1) to (4) or under paragraph (b), or if no determination is made under clauses (1) to (4) or under paragraph (b) within 60 days after the termination of a proceeding or after a request for an advance of expenses, as the case may be, by a court in this state, which may be the same court in which the proceeding involving the person's liability took place, upon application of the person and any notice the court requires.
(b) With respect to a person who is not, and was not at the time of the acts or omissions complained of in the proceedings, a director, officer or person possessing, directly or indirectly, the power to direct or cause the direction of the management or policies of the corporation, the determination whether indemnification of this person is required because the criteria set forth in Section 2 have been satisfied and whether this person is entitled to payment or reimbursement of expenses in advance of the final disposition of a proceeding as provided in Section 3 may be made by an annually appointed committee of the Board, having at least one member who is a director. The committee shall report at least annually to the Board concerning i...
Determination of Eligibility. AIM shall determine a foreign Securities Depository to be an Eligible Foreign Securities Depository if it:
A. Acts as or operates a system for the central handling of securities or equivalent book-entries in the country where it is incorporated, or a transnational system for the central handling of securities or equivalent book-entries;
B. Is regulated by a foreign financial regulatory authority as defined under section 2(a)(50) of the Investment Company Act of 1940, as amended (the 1940 Act);
C. Holds assets for the custodian that participates in the system on behalf of the Fund under safekeeping conditions no less favorable than the conditions that apply to other participants;
D. Maintains records that identify the assets of each participant and segregates the system's own assets from the assets of participants;
E. Provides periodic reports to its participants with respect to its safekeeping of assets, including notices of transfers to or from any participant's account; and
F. Is subject to periodic examination by regulatory authorities or independent accountants.
Determination of Eligibility. (1) When PennDOT CRPs identify properties that may be eligible for the National Register of Historic Places, the CRPs will apply the National Register criteria following National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation and the Secretary of the Interior’s Standards for Evaluation (48 FR 44723-26). The PennDOT CRPs may consult with the SHPO and the Lead Federal Agency for the project in making a determination of eligibility. The PennDOT CRPs will consult with Tribes and Nations that may attach religious and cultural significance to properties in the APE, in accordance with the procedures in the Cultural Resources Handbook and any tribal agreements that are in place at the time. PennDOT will also seek information from consulting parties, as appropriate. Where eligible or listed historic properties have previously been identified but boundaries have not been established, the CRPs may identify boundaries following the guidance in National Register Bulletin 21, Defining Boundaries for National Register Properties. Due to the passage of time, the CRPs may also reevaluate properties.
(2) PennDOT CRPs will prepare documentation according to Stipulation IV and the Cultural Resources Handbook. For undertakings that will not affect historic properties, consultation with the SHPO on determination of eligibility is not required. However, PennDOT will seek and consider the views of any Tribe or Nation that ascribes traditional cultural and religious significance to a property. The documentation will be made available to the SHPO, Tribes and Nations, consulting parties, and the public. For undertakings that may have an effect on historic properties, PennDOT CRPs shall consult with the SHPO and any Tribe or Nation that ascribes traditional cultural and religious significance to a potential historic property on determinations of eligibility when any of the conditions under Stipulation III.C.2.i.(2) apply or when Stipulation III.C.2.j applies. This consultation may be completed as a separate step or combined with the finding of effect. The documentation will be provided to the Tribes and Nations, consulting parties, and made available to the public.
Determination of Eligibility. Subject to Section 2.2.4, the ISO shall permit a Party who has submitted an application under this Section 2.2 to become a Participating TO if, after considering all comments received from other Parties and third parties, the ISO determines that:
i. the applicant’s transmission lines and associated facilities that are to be placed under the ISO’s Operational Control can be incorporated into the ISO Controlled Grid without any material adverse impact on its reliability;
ii. incorporating such transmission lines and associated facilities into the ISO Controlled Grid will not put the ISO in breach of Applicable Reliability Criteria and its obligations as a member of WSCC;
iii. objections by the ISO under Section 4.1.3 shall have been withdrawn or determined by the ISO Governing Board to be invalid;
iv. all applicable regulatory approvals of the applicant’s TO Tariff have been obtained; and
v. the applicant is capable of performing its obligations under this Agreement. Objections under Section 4.1.3 relating solely to a portion of a TO’s Facilities shall not prevent the TO from becoming a Participating TO while the objections are being resolved.
Determination of Eligibility. The State has the exclusive right to determine an individual’s eligibility for the HFS Medical Program and eligibility to become an Enrollee. Such determination shall be final and is not subject to review or appeal by Contractor. Nothing in this Article III prevents Contractor from providing the Department with information Contractor believes indicates that an Enrollee’s eligibility was incorrectly determined or has changed so that enrollment with Contractor is no longer appropriate or that the Capitation rate for that Enrollee should be adjusted. At the sole discretion of the Department, enrollment with Contractor may be expanded to other geographic areas or to other categories of individuals receiving health coverage from the Department upon the Department providing Contractor with written notice no fewer than one hundred eighty (180) days in advance, unless otherwise agreed to by the Parties, before the first enrollment under such expansion. Such notice shall include: (i) the definition of any new geographic area or category of individuals; (ii) the number of Potential Enrollees within any new geographic area or category of individuals; and, (iii) the Capitation rates applicable to any new geographic area or category of individuals.
