Determination of Status. A. The determination of whether a member is covered or not covered by the overtime provisions of the Fair Labor Standards Act shall be made by the University, by applying federal laws and regulations, and shall not be subject to the grievance and arbitration provision of this Agreement.
B. The determination of whether a specific state title applies to a given member shall be made by the University and shall not be subject to the grievance and arbitration provision of this Agreement.
Determination of Status. In the event that the Internal Revenue Service, Wisconsin Department of Revenue, or other government entity, agency or representative should question or challenge Contractor’s status as an “independent contractor”, then Contractor must immediately notify St. Xxxxxxx and St. Xxxxxxx shall have the right to participate in any discussion or negotiation occurring with such entity, agency or representative, irrespective of whom or by whom such discussions or negotiations are initiated, and, at St. Norbert’s option, to suspend the terms of this Agreement until the issue is resolved.
Determination of Status. (a) Each determination of Status shall be made as follows: Subject to clauses (b) and (c), below, changes in Status resulting from changes in the Average Daily Excess Availability shall become effective as of the first day of each March, June, September and December and will be determined based on the Average Daily Excess Availability for the most recently ended calendar quarter (or in the case of the period ending September 30, 2007, the period from the Closing Date through September 30, 2007). Such Status shall remain in effect until the next change to be effected pursuant to this Section 1.6.
(b) Notwithstanding anything to the contrary contained above in this Section or elsewhere in this Agreement, if it is subsequently determined that the Average Daily Excess Availability or Status set forth in any certificate delivered to the Administrative Agent or otherwise reported to the Administrative Agent is inaccurate for any reason and the result thereof is that the Lenders received interest or fees for any period at a lower rate than that which would have been applicable had the Average Daily Excess Availability and the corresponding applicable Status been accurately determined, then, for all purposes of this Agreement, the Average Daily Excess Availability and Status for any day occurring within the period during which the incorrect Average Daily Excess Availability or Status applied shall retroactively be deemed to be the corrected Average Daily Excess Availability and Status for such period, and any shortfall in the interest or fees theretofore paid by the Parent Borrower for the relevant period as a result of the miscalculation of the Average Daily Excess Availability or Status shall be immediately due and payable. Upon payment by the Parent Borrower of any shortfall as provided in the immediately preceding sentence, any Default or Event of Default resulting from the failure to pay such amounts when the interest or fees for the relevant period were due and payable or any representations and warranties made in this regard shall be deemed cured.
Determination of Status. We have reviewed the best available scientific and commercial information regarding the past, present, and future threats to the Xxxxxx Mesa milkvetch, and we have determined that Xxxxxx Mesa milkvetch does not meet the definition of an ‘‘endangered species’’ or a ‘‘threatened species’’ in accordance with sections 3(6) and 3(20), respectively, of the Act. Therefore, we are withdrawing our proposed rule to list the Xxxxxx Mesa milkvetch as a threatened species and to designate critical habitat.
Determination of Status. (1) In gen-
Determination of Status. In the event that the Internal Revenue Service, Wisconsin Department of Revenue, or other government entity, agency or representative should question or challenge Contractor’s status as an “independent
Determination of Status. In the event that the Internal Revenue Service, or any similar State agency, or other government entity, agency or representative should question or challenge Contractor’s or Contractor’s owner’s or employees’ or agents’ status as an “independent Contractor”, then Contractor must immediately notify WWE and WWE shall have the right to participate in any discussion or negotiation occurring with such entity, agency or representative, irrespective of whom or by whom such discussions or negotiations are initiated, and, at WWE’s option, to suspend the terms of this Agreement until the issue is resolved.
Determination of Status. Our review of the best scientific and commercial information available indicates that the Amur xxxxxxxx meets the definition of an endangered species. Therefore, we propose to list the Amur xxxxxxxx as an endangered species in accordance with sections 3(6) and 4(a)(1) of the Act. Conservation measures provided to species listed as endangered or threatened species under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing results in public awareness, and encourages and results in conservation actions by Federal, State, Tribal, and local agencies, foreign governments, private organizations, and individuals. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below. Section 7(a) of the Act requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as an endangered or threatened species and with respect to its critical habitat, if any is designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. If a species is listed subsequently, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency must enter into consultation with the Service. An ‘‘action’’ that is subject to the consultation provisions of section 7(a)(2) is defined in our implementing regulations at 50 CFR 402.02 as ‘‘all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas.’’ With respect to this species, there are no ‘‘actions’’ known to require consultation under section 7(a)(2) of the Act. Given the regulatory definition of ‘‘action,’’ which clarifies that it app...
