Entitlement to Compensation. Section 1. Should the REALTOR® sell either the specific property shown by the REALTOR®, a lot owned by the Builder or a property to be built from the Builder’s models or plans or Prospective Purchaser’s plans, the assumption would be that the REALTOR® Broker is due a commission provided the sale (an accepted purchase contract) takes place within a reasonable period of time (see Section 2 of this Article). In the event the sale (an accepted purchase contract) takes place beyond such reasonable period of time, the assumption would be that the REALTOR® Broker is not due a commission.
Section 2. A reasonable period of time is construed to be sixty (60) days from the date of initial registration or extension thereof in the event of re-registration of a Prospective Purchaser’s name.
Section 3. A registration of a Prospective Purchaser will be extended for an additional sixty (60) days by written notice, e-mail, fax, or phone call from the REALTOR® to Builder, without the need of an additional property visit by REALTOR® or Prospective Purchaser. In the event the Prospective Purchaser has a continued interest in the Builder beyond one hundred twenty (120) days from the date of the initial registration, an additional property visit and registration (see Article 4, Section 3) or a written notice signed by the Prospective Purchaser and REALTOR® must be presented to the Builder.
Section 4. If a Prospective Purchaser returns to the Builder on his own and purchases from the Builder within the sixty (60) day registration period or extension thereof, the assumption would be that the REALTOR® Broker is due a commission, in accordance with these Guidelines. In the event of such sale (an accepted purchase contract) after the registration period or extension thereof, the assumption would be that the REALTOR® Broker is not due a commission.
Section 5. If a Prospective Purchaser returns to the Builder with another REALTOR® and should this REALTOR® submit an offer acceptable to the Builder, the Builder is not liable for a commission to the original REALTOR® Broker. However, if there is a REALTOR®-to-REALTOR® dispute over the commission paid, it shall be handled in accordance with Article 7, Section 1 of these Guidelines.
Entitlement to Compensation. When a Unit employee is assigned and works beyond forty (40) hours per designated one hundred sixty-eight (168) consecutive hours work period, the employee is entitled to overtime compensation.
Entitlement to Compensation. The Parties hereby agree that, with effect from (and including) 1 March 2022, clause 16.5.3 of the Principal Agreement shall be deleted in its entirety and substituted with the following new clause 16.5.3:
Entitlement to Compensation. 16.5.1 The Lessee shall be entitled to recover losses and damages suffered by it in the event that the Lessee is not granted the entitlements under Clauses 16.2 to 16.4, and/or there are more than two (2) casino licences in force under the Legislation during the Exclusivity Period and/or the Proposed Legislative Provisions are not enacted on or before the Relevant Date or any step or action is taken or not taken after enactment, including amending the aforesaid Proposed Legislative Provisions in a manner, that has the effect of not conferring the intended benefits of the Proposed Legislative Provisions and/or derogating from the rights granted under this Clause 16.
16.5.2 Each and every of the rights and remedies provided under this Clause 16.5 is cumulative and is without prejudice to any rights or remedies available to the parties under law or equity or contract, and the election of any one or more of such remedies by the parties shall not constitute a waiver by the parties of the right to pursue any other available remedies. Notwithstanding any other provision in this Agreement:
(i) the Lessor shall not be liable under this Clause 16.5 in respect of any claim for any loss suffered by the Lessee to the extent of any corresponding savings by or net benefit to the Lessee arising therefrom; and
(ii) the Lessee shall not be entitled to recover from the Lessor more than once in respect of the same damage suffered by the Lessee.
16.5.3 Without prejudice to the generality of the foregoing, the parties agree that:
(i) In the event there are more than two (2) casino licences in force under the Legislation during the Exclusivity Period and/or the Proposed Legislative Provisions relating to Exclusivity Period, the Proposed Legislative Provisions relating to Gaming Area and/or the Proposed Legislative Provisions relating to Entry Levies are not enacted on or before the Relevant Date (or, any step or action is taken or not taken after enactment, including amending the aforesaid Proposed Legislative Provisions in a manner, that has the effect of not conferring the intended benefits of these Proposed Legislative Provisions and/or derogating from the rights of the Lessee under the Proposed Legislative Provisions and/or under this Clause 16), the Lessor shall pay to the Lessee compensation for any losses or damages suffered by the Lessee in connection therewith.
(ii) In the event the Proposed Legislative Provisions relating to Gaming Machines are not enacted on or before...
Entitlement to Compensation. To the extent permitted by applicable law, in all cases, Pogo is entitled to any and all compensation or monies paid in connection with damages to a Pogo Vehicle. In the event the Member receives any such monies, the Member agrees to hold such monies in trust on behalf of Xxxx and agrees to promptly make payment of such monies to Pogo.
Entitlement to Compensation. (1) In this section – Part 6 – Making of Reserves s. 18
Entitlement to Compensation. (1) On receipt of the Forestry Corporation's certification under section 11(2), the Minister becomes liable to pay compensation to the holder of the forestry compensation certificate to which the certification relates in accordance with this Part.
(2) Subject to subsections (3) and (4), the amount of compensation referred to in subsection (1) is the amount of damages that would have been payable by the Forestry Corporation as if the non-supply of the quantity of logs referred to in section 11(4)(f) for the period referred to in section 11(4)(g) in accordance with the terms of the wood supply contract had constituted a breach of contract by the Forestry Corporation.
(3) Subsection (2) applies only to the extent that the non-supply referred to in that subsection occurs as a result of the circumstances referred to in paragraph (a) or (b) of section 11(2).
(4) For the purposes of subsection (2), the following matters are to be disregarded when calculating compensation:
(a) any agreement between the holder of the forestry compensation certificate and the Forestry Corporation that limits the damages payable for a breach of the wood supply contract;
(b) any agreement between the holder of the forestry compensation certificate and the Forestry Corporation to pay an agreed amount of damages for a breach of the wood supply contract.
(5) A holder of a forestry compensation certificate entitled to compensation in accordance with this Part and the Forestry Corporation must take all reasonable steps to minimise the loss or damage referred to in subsection (2).
Entitlement to Compensation. (1) In this section affected person means a person who is adversely affected by the extinguishment of
(a) a contract for the sale of land that was extinguished by virtue of the operation of section 26(a), being a contract made before the relevant date; or
(b) a forestry covenant that was extinguished by virtue of the operation of section 26(b), being a forestry covenant made before the relevant date; or
(c) a forestry right that was extinguished by virtue of the operation of section 26(b), being a forestry right made before the relevant date.
(2) An affected person is entitled to compensation for any loss in respect of a contract, forestry covenant or forestry right extinguished by this Act.
(3) Compensation is the amount agreed, in writing, between the affected person and the Nature Conservation Minister.
(4) Before agreeing an amount of compensation, the Nature Conservation Minister must obtain the approval of the Valuer-General to that amount.
(5) In determining whether to approve an amount of compensation, the Valuer-General is to apply the same principles, with any necessary modification, as he or she would apply in approving an amount of compensation for the purposes of section 40(8) of the Land Acquisition Act 1993.
(6) If the affected person and the Nature Conservation Minister cannot agree on the amount of compensation, the claim for compensation is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 and, for that purpose
(a) section 26(a), (b) or (c) is taken to be a notice of acquisition, within the meaning of that Act, validly gazetted on the day of the making of the proclamation; and
(b) the Crown is the acquiring authority.
(7) No compensation is payable to any State-owned company or Government Business Enterprise for any loss in respect of a contract, forestry covenant or forestry right extinguished by this Act.
Entitlement to Compensation. The Executive shall be entitled to the compensation provided in Section 4 of this Agreement if all of the following conditions are satisfied:
(i) there is a Change in Control of the Company while the Executive is still an employee of the Company;
(ii) the Executive's employment with the Company is terminated within two years after the Change in Control;
(iii) the Executive's termination of employment is not a result of (A) the Executive's death; (B) the Executive's Disability (as defined in section 3(b) below); (C) the Executive's Retirement (as defined in section 3(c) below); (D) the Executive's termination by the Company for Cause (as defined in Section 3(d) below); or (E) the Executive's decision to terminate employment other than for Good Reason (as defined in Section 3(e) below); and
(iv) the Executive executes and delivers to the Company the Release Agreement contemplated under the Employment Agreement.
Entitlement to Compensation. Corporation shall be entitled --------------------------- to all income earned on behalf of Corporation by Employee in the performance of his duties for Corporation (except for the salary and discretionary bonuses referred to in Paragraphs 6(a) and 6(b) respectively). In addition, any fees or other honoraria received by Employee for services or other business activities performed by Employee shall belong to Corpo- ration; provided, however, Employee shall be permitted to retain all income received from activities which are not related to the business of Corporation.
