Direct Pay Sample Clauses

Direct Pay. Any unit members may pay annually the properly determined dues directly to the Association.

Direct Pay. Except as expressly set forth in an Authorization Letter, the parties agree that all payments to Supplier for the download and/or use of Supplier’s Apps shall come directly from Verizon and Supplier shall not be paid by an App Store Owner for any Apps downloaded from the App Store Catalog by Subscribers. The fees payable by Verizon to Supplier as set forth herein shall be in lieu of any and all amounts that would otherwise have been payable to Supplier by Qualcomm or Verizon under the Qualcomm App Store Developer Agreement. 5.

Direct Pay. HMGA reserves the right to directly xxxx the policyholder for all renewal premiums, and/or additional premiums, and to collect payment for and such premiums. Upon initially binding a new policyholder, Agent may collect premiums in such form as approved by HMGA. Unless otherwise agreed to in writing by HMGA, the agent shall not have any ongoing right or authority to receive or collect premiums or other monies for or on behalf of HMGA in those instances in which HMGA has exercised its right to directly xxxx the policy holder.

Direct Pay. (a) The Employer agrees to keep salaries and benefits whole for those Permanent Full Time Employees, who request and are granted Unpaid Leaves of Absence for Local Union Business, provided that the Union promptly reimburses the Employer upon receipt of billing from the Employer, for all regular wages paid to these aforementioned Employees for the first fourteen (14) consecutive days of absence, and for all regular wages paid, the Employer's contributions to C.P.P. and O.M.E.R.S., and all benefit premium costs paid by the Employer for the said Leaves of Absence in excess of two

Direct Pay. The Employer agrees to keep salaries and benefits whole for those Permanent Full-time Employees, who request and are granted Unpaid Leaves of Absence for Local Union Business, provided that the Union promptly reimburses the Employer upon receipt of billing from the Employer, for all regular wages paid to these aforementioned Employees for the first fourteen (14) consecutive days of absence, and for all regular wages paid, the Employer's contributions to and and all benefit premium costs paid by the Employer for the said Leaves of Absence in excess of two (2) weeks. For Regularly Scheduled Part-time Employees,the Employer agrees to keep salaries, premium in lieu of benefits, vacation pay and seniority whole for those Employees, who request and are granted Unpaid Leaves of Absence for Local Union Business, provided that the Union promptly reimburses the Employer upon receipt of billing from the Employer, for all regular wages, premium in lieu of benefits and vacation pay paid during the absence. With the exception of Conventions, Permanent Full-time and Regularly Scheduled Part-time Employees who request and are granted Unpaid Leaves of Absence for Union Business other than City of Greater Local Agreement, the Union shall, upon receipt of billing from the Employer, remit all regular wages and Employer contributions paid to or on behalf of Permanent Full-time Employees, and regular wages, premium in lieu of benefits and vacation paid to Regularly Scheduled Part-time Employees to the Employer. Should the aforementioned Leave of Absence be in excess of fourteen (14) consecutive days, provisions of Article shall Permanent Full Time Employees may apply for a Leave of Absence not to exceed six (6) months. Permission for such leave is to be obtained in writing and utilized for the purposes of upgrading or acquiring new skills in job-related matters. Permission for such leave shall not be unreasonably denied. During the leave, the Permanent Full-time Employee will receive no wages or benefits; however, entitlement for vacations shall be pro-rated. Further, seniority shall accumulate during the time that the Permanent Full-time Employee is on such an authorized Leave of Absence. The name of a Permanent Full-time Employee on a Personal Leave of Absence in excess of one (1) month, shall be continued on Seniority List, but shall not accumulate seniority while on such Leave of Absence.

Direct Pay. Any unit member shall have the right to pay the agency fee directly to the Union in lieu of having the fee deducted from his/her salary. The Union shall give written notice to those unit members that they have thirty (30) days to pay the agency fee directly to the Union. The District shall on a monthly basis notify the Federation of the names, home addresses, and assignment of all newly hired members.

Direct Pay. 16.1.1 As a taxable wholesale electric power generation and transmission cooperative operating on a not-for-profit basis, Owner is relying on the Direct Pay regime in order to monetize and economically benefit from the ITCs generated with respect to the Project, which ITC for purposes of this Article 16 shall be not less than [***] of the EPC Contract Price. Owner shall use commercially reasonable efforts, including any commercially reasonable efforts suggested by EPC Contractor, to ensure that Owner qualifies for Direct Pay with regard to the Project, including without limitation diligently completing and filing all relevant supporting documentation and pursuing all reasonable administrative appeals or litigation if the U.S. Internal Revenue Service determines that Owner does not qualify for Direct Pay with regard to the Project. 16.1.2 The Parties agree that it would be extremely difficult and impracticable under the presently known and anticipated facts and circumstances to ascertain the actual damages Owner would incur should EPC Contractor fail to achieve Commercial Delivery of Power on or before the Guaranteed Commercial Delivery of Power Date. In addition to Substantial Completion Delay Liquidated Damages payable pursuant to Section 16.2, as additional liquidated damages, EPC Contractor shall be liable for the amount set forth in this Section 16.1 to compensate Owner for the aggregate amount of ITCs Owner is unable to monetize under the Direct Pay regime (provided that Owner otherwise qualifies for Direct Pay with regard to the Project) or that Owner is otherwise not able to fully benefit from economically as a result of the failure of EPC Contractor to meet the Guaranteed Commercial Delivery of Power Date. As a calculated amount for such estimated damages to Owner, EPC Contractor shall pay Owner as liquidated damages an amount equal to [***] (“ITC-Direct Pay Liquidated Damages”). 16.1.3 Owner shall invoice EPC Contractor for ITC-Direct Pay Liquidated Damages, if any, no sooner than the earlier of (i) [***] days after the date Owner claims Direct Pay with respect to the Project ITCs if such claim includes an impairment or loss of any ITCs under the Direct Pay regime and (ii) the date on which any such ITCs are ultimately and finally disallowed or recaptured by any taxing authority as a result of EPC Contractor’s failure to meet the Guaranteed Commercial Delivery of Power Date. Notwithstanding the foregoing, the ITC-Direct Liquidated Damages shall be...

Direct Pay. (a) Notwithstanding anything to the contrary in this Agreement, for each taxable year, with Specified Approval, the Company (acting through the Partnership Representative, if required) shall make or forego making any election under Section 6417 of the Code or the Treasury Regulations promulgated thereunder, including any Direct Pay Election or any Revocation Election as so directed by such Specified Approval. Further, the applicable Members shall provide the written consent and direction pursuant to this Section 5.2(a) by April 30 of each taxable year. The Members acknowledge and agree that any determination to forego making a Direct Pay Election, or the absence of a determination to make a Direct Pay Election by April 30 of a taxable year, constitutes a determination by the Members, subject to Section 5.1(i), to pursue credit transfers or allocations in accordance with Section 5.1 with respect to such taxable year. (b) Notwithstanding any provision of this Agreement to the contrary but consistent with the direction set forth in Section 5.2(a), the Partnership Representative, at the Company’s expense, shall have the authority to act on behalf of the Company and bind the Company (and cause the Company to bind any Subsidiary), without the need for approval by or consent from any other Member, or the Board of Directors, with respect to all matters related to a Direct Pay Election or a Revocation Election, including: (i) the obtainment of any tax opinion from counsel in connection with such Direct Pay Election or Revocation Election; (ii) [Redacted — seriously prejudicial]; and (iii) defending against any claims asserted against the Company or any Subsidiary arising from such Direct Pay Election or Revocation Election; provided, however, that (y) [Redacted — seriously prejudicial]; and (z) the Company shall not, and shall cause any Subsidiary not to, settle, compromise, discharge, or withdraw any such claim without the prior written consent of any Person whose consent would be required in connection with a Specified Approval (not to be unreasonably withheld, conditioned or delayed). (c) Notwithstanding any provision of this Agreement to the contrary, the Company (acting through the Partnership Representative, as required) shall take the following actions related to a Direct Pay Election or a Revocation Election, in accordance with and consistent with the approval or consent of the Members: (i) completing pre-filing registration in accordance with the requireme...

Direct Pay. (a) The Employer agrees to keep salaries and benefits whole for those Permanent Full Time Employees, who request and are granted Unpaid Leaves of Absence for Local Union Business, provided that the Union promptly reimburses the Employer upon receipt of billing from the Employer, for all regular wages paid to these aforementioned Employees for the first fourteen (14) consecutive days of absence, and for all regular wages paid, the Employer's contributions to C.P.P. and O.M.E.R.S., and all benefit premium costs paid by the Employer for the said Leaves of Absence in excess of two (2) weeks. (b) For Part Time Employees, the Employer agrees to keep salaries, premium in lieu of benefits, vacation pay and seniority whole for those Employees, who request and are granted Unpaid Leaves of Absence for Local Union Business, provided that the Union promptly reimburses the Employer upon receipt of billing from the Employer, for all regular wages, premium in lieu of benefits and vacation pay paid during the absence. (c) With the exception of Conventions, Permanent Full Time and Part Time Employees who request and are granted Unpaid Leaves of Absence for Union Business other than City of Greater Sudbury C.U.P.E., Local #148 Agreement, the Union shall, upon receipt of billing from the Employer, remit all regular wages and Employer O.M.E.R.S. contributions paid to or on behalf of Permanent Full Time Employees, and regular wages, premium in lieu of benefits and vacation paid to Part Time Employees to the Employer. Should the aforementioned Leave of Absence be in excess of fourteen (14) consecutive days, provisions of Article 18:05(a) shall apply.

Direct Pay. Should legislation relating to “direct pay” (or any similar mechanic in respect of ITCs relating to the Project) be enacted prior to the Initial Capital Contribution Date, the Parties agree to consider in good faith a proposed restructuring of the Transaction to substitute the “direct pay” (or any similar mechanic in respect of ITCs relating to the Project) option for the ITC; provided that no such circumstance shall result in any unilateral right to terminate this Agreement.