We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.
For more information visit our privacy policy.Suspension or Debarment In addition to the representations and requirements set forth in Section C.4: (a) The Contractor certifies for itself and Contractor Parties involved in the administration of federal or state funds that they: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any governmental agency (federal, state or local); (2) within a three year period preceding the effective date of this Contract, have not been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; for violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the above offenses; and (4) have not within a three year period preceding the effective date of this Contract had one or more public transactions terminated for cause or fault. (b) Any change in the above status shall be immediately reported to the Agency.
Permanent Suspension or Prohibition If the Employee is removed and/or permanently prohibited from participating in the conduct of the Bank's affairs by an order issued under Section 8(e)(4) or (g)(1) of the FDIA, 12 U.S.C. ss. 1818(e)(4) and (g)(1), all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the contracting parties shall not be affected.
No General Solicitation or Advertising in Regard to this Transaction Neither the Company nor any of its affiliates nor any person acting on its or their behalf (a) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Shares, or (b) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.
Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Recipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
No Unlawful or Prohibited Use Intellectual Property
Disposition of Confidential Information Upon termination of Agreement or request of City, Contractor shall within forty-eight (48) hours return all Confidential Information which includes all original media. Once Contractor has received written confirmation from City that Confidential Information has been successfully transferred to City, Contractor shall within ten (10) business days purge all Confidential Information from its servers, any hosted environment Contractor has used in performance of this Agreement, work stations that were used to process the data or for production of the data, and any other work files stored by Contractor in whatever medium. Contractor shall provide City with written certification that such purge occurred within five (5) business days of the purge.
Electronic Fund Transfers Initiated By Third Parties You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to: • Preauthorized credits. You may make arrangements for certain direct deposits (such as U.S. Treasury (Social Security) or some employers (payroll)) to be accepted into your checking or savings account(s). • Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s). • Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills. • Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds. ATM Transfers - types of transfers, dollar limitations and charges - You may access your account(s) by ATM using your ATM card and personal identification number or Debit Card and personal identification number, to: • make deposits to checking account(s) with an ATM card and/or Debit Card at ATM locations that accept deposits • make deposits to savings account(s) with an ATM card and/or Debit Card at ATM locations that accept deposits • get cash withdrawals from checking and/or savings account(s) with an ATM card and/or Debit Card - you may withdraw no more than the lesser of (1) the available balance in your selected deposit account plus, where applicable, the amount of credit available under your overdraft protection service with us per business day or (2) the daily cash withdrawal limit established for your Debit Card or (3) the limit(s), if any, imposed by the ATM you access to make such withdrawal • transfer funds from savings to checking account(s) with an ATM card and/or Debit Card • transfer funds from checking to savings account(s) with an ATM card and/or Debit Card • get information about the available account balance of your checking and savings accounts with an ATM card and/or Debit Card Types of Point-of-Sale Transactions: Collection and Overdrafts. When you use your ATM card or Debit Card at an ATM or with a merchant (point-of-sale) to obtain goods or services or cash, the ATM or merchant may obtain a pre-authorization for the transaction. We will also place a hold on your designated checking account in the amount of any ATM card or Debit Card transaction for which we or our agent has given authorization. This hold will not be released until the earlier of (a) three (3) business days or (b) the business day that the authorization transfer is paid by us. Pre-authorization requests may be in amounts different from the total amount of the sales slip. If any of the information provided to us for the pre-authorization does not match the information provided us for the authorized transaction, such as Debit Card number, merchant number, pre-authorization key number or transaction amount, our computer system may not be able to match the authorized transaction with the pre-authorization, and the pre- authorization hold may remain on your account for up to three (3) business days, even if the authorized transaction has actually posted to your account. The amount of your balance will be decreased by the amount of the hold for as long as the hold is in effect. This means that funds on hold will not be available for withdrawal, transfer or payment of your checks, ACH, and other debit items. You agree that we will not be liable to you for wrongful dishonor of any check, Debit Card transaction, ATM card transaction, ACH, transfer, withdrawal or other debit item on your account that is not paid by us or is returned by us unpaid due to a pre-authorized hold during the period of time the hold is in place, even if the authorized transaction has posted to your account. To prevent non-sufficient funds or overdrafts from occurring, you are reminded and agree not to withdraw or write checks against funds that are needed to pay ATM/Debit Card transactions that have not yet posted against your account (such as writing checks or performing other ATM withdrawals or point-of-sale purchase transactions) unless you have sufficient available funds in your account or sufficient funds available under an overdraft protection service associated with your designated checking account. Point-of-Sale Transactions - dollar limitations - Using your Debit Card: Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located. Non-Visa Debit (PINless) Transactions. Recently new network processing procedures went into effect that may impact you when you use your Visa Debit Card at certain merchant locations. In the past transactions have been processed as Visa Debit Card transactions unless you entered a PIN. In the future, if you do not enter a PIN, transactions may be processed as either a Visa Debit Card transaction or a transaction on the Pulse, Plus, Star, or Cirrus networks. Limitations on frequency of transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply: • Transfers from a savings account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer are limited to six per month. • Transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check or similar order to third parties are limited to six per month. • We do not charge for direct deposits to any type of account. ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
What If I Engage in a Prohibited Transaction If you engage in a “prohibited transaction,” as defined in Section 4975 of the Internal Revenue Code, your account will be disqualified, and the entire balance in your account will be treated as if distributed to you and will be taxable to you as ordinary income. Examples of prohibited transactions are: a. the sale, exchange, or leasing of any property between you and your account; b. the lending of money or other extensions of credit between you and your account; or c. the furnishing of goods, services, or facilities between you and your account. If you are under age 59½, you may also be subject to the 10% penalty tax on early distributions in addition to ordinary income taxes.
Assistance in Litigation or Administrative Proceedings Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party.
Suspension or Termination of Sales Consistent with standard market settlement practices, the Company or the Agent may, upon notice to the other party hereto in writing or by telephone (confirmed immediately by verifiable email), suspend any sale of Shares, and the period set forth in an Issuance Notice shall immediately terminate; provided, however, that (A) such suspension and termination shall not affect or impair either party’s obligations with respect to any Shares placed or sold hereunder prior to the receipt of such notice; (B) if the Company suspends or terminates any sale of Shares after the Agent confirms such sale to the Company, the Company shall still be obligated to comply with Section 3(b)(v) with respect to such Shares; and (C) if the Company defaults in its obligation to deliver Shares on a Settlement Date, the Company agrees that it will hold the Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company. The parties hereto acknowledge and agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares from stock lenders in the event that the Company has not delivered Shares to settle sales as required by subsection (v) above, and may use the Shares to settle or close out such borrowings. The Company agrees that no such notice shall be effective against the Agent unless it is made to the persons identified in writing by the Agent pursuant to Section 3(b)(i).