Events Affecting a Member of the Fund Title to Fund Assets. The death, bankruptcy, withdrawal, insanity, incompetency, temporary or permanent incapacity, liquidation, dissolution, reorganization, merger, sale of all or substantially all the stock or assets of, or other change in the ownership or nature of a Member will not dissolve the Fund.
Events Affecting a Member of the Fund Title to Fund Assets. The bankruptcy, withdrawal, insanity, incompetency, Disability, Incapacity, liquidation, reorganization, merger, sale of all or
Events Affecting. IMPLEMENTATION
1. In connection with any enforcement proceeding brought under this Agreement, the State may demonstrate an Event Affecting Implementation by showing the occurrence of an event that was not initiated, created, caused, or substantially contributed to by DHS or ODE and that substantially impaired or impeded the State from satisfying any of the requirements of this Agreement. A non-inclusive, illustrative list of examples of events that could substantially impair or impede the State from satisfying requirements in this Agreement, and thus constitute Events Affecting Implementation, includes a significant economic downturn or significant increase in the unemployment rate; changes in the number of available qualified individuals in the Sheltered Workshop Target Population; a significant decrease in State revenue or federal funding; or other reasonable factors, which need not be of the same character or degree as the preceding examples. In connection with Sections IV, V, and VI of this Agreement, defendants are not required to overcome an Event Affecting Implementation by increasing hiring individuals with I/DD for State employment.
2. In any enforcement proceeding under this Agreement, after exhaustion of the dispute resolution process in Section XVI(A), plaintiffs shall bear the initial burden of proving a violation of a provision of the Agreement. The State shall then bear the burden of showing that an Event Affecting Implementation, if any, has occurred and substantially impaired or impeded the State from satisfying that provision of the Agreement.
3. In addition to demonstrating an Event Affecting Implementation as a complete defense in an enforcement proceeding brought by plaintiffs under this Agreement, the State may, after exhaustion of the dispute resolution process in Section XVI(A), at any time and in its discretion, seek a declaration from the Court that an Event Affecting Implementation has occurred that substantially impaired or impeded the State from satisfying a specific provision of the Agreement, along with such other relief that is deemed proper by the Court. In any such proceeding seeking declaratory relief, the State shall bear the burden of showing that an Event Affecting Implementation has occurred and that it substantially impairs or impedes the State from satisfying a specific provision of the Agreement.
Events Affecting a Member of the General Partner. The death, bankruptcy, withdrawal, insanity, incompetency, temporary or permanent incapacity, expulsion, or removal of any member of the General Partner shall not dissolve the Partnership.
Events Affecting a Member of the Company. The death, bankruptcy, withdrawal, insanity, incompetency, temporary or permanent incapacity, liquidation, dissolution, reorganization, merger, sale of all or substantially all the stock or assets of, or other change in the ownership or nature of a Member shall not dissolve the Company.
Events Affecting a Limited Partner of the Partnership. The death, bankruptcy, withdrawal, insanity, incompetency, temporary or permanent incapacity, liquidation, dissolution, reorganization,
