EXCLUDED BENEFITS. Any additional voluntary contributions made by a person to the Exporting Plan are excluded from this agreement unless the Importing Authority agrees to accept such additional voluntary contributions pursuant to the terms of the Importing Plan . Benefits provided under a retirement compensation arrangement or any unregistered supplemental benefits arrangement are excluded from this agreement.
EXCLUDED BENEFITS. The Operator will neither be responsible for failures, breakdowns or stoppages that the Facility may suffer nor responsible of damages or prejudices that may derive from them pursuant to the following matters: - Negligence or improper usage of one or more elements of the Facility made by the Client unless such is caused by instruction or recommendation of the Operator. - Repairs carried out by the Client without the Operator’s approval. - Force Majeure Event or Chance or Act of Nature pursuant to Part H titled Force Majeure or Chance or Act of Nature. - Non-compliance of the Client of laws, regulations, ordinances which apply to the activity or the proper Facility. Stoppage hours of any equipment of the Facility that are derived from these matters will not be chargeable to the availability calculation. In addition, and without prejudice to the provisions of Clause 1 part B, in case that an unforeseen (as of the date of execution of this Agreement) future event materially changes the scope of services or the works which are required for the proper operation and maintenance of the Facility, and such services or works are not included in the scope of this Agreement, the Operator will inform the Client in writing at least fifteen (15) Business Days in advance of the need to carry them out, including a quotation for these services or work. If the Client does not accept the quotation presented by the Operator, no obligation will accrue to the Operator. Prior to acceptance of the quotation, the Client will seek the approval of the Financing Entities, and the Technical Advisor if required by the Financing Agreements If the Client does not reach an agreement with the Operator and does not make on its own or by third parties to perform the work or repair required by the appropriate operation of the Facility, it will not be able to demand any responsibility to the Operator due to damages or lower profits that may occur.
EXCLUDED BENEFITS. 1. Leave of Absence (Article 27, Section 2, Personal Leave of Absence, Educational Leave of Absence, and Section 6, Leave for Union Business).
2. Permanent Shifts (Article 19, Section 4) 3. Assignment of Staff and Scheduling (Article 18)
EXCLUDED BENEFITS. Section 4.1 FF&E Section 5.2(a) Guaranteed Amount Section 3.1(a) Gross Rings Section 6.3 Inventory Date Section 5.1 Inventory Taking Section 5.1 Layaway, Repair and Special Order Merchandise Section 5.2(b) Letter of Credit Section 3.4 Merchandise Section 5.2(a)
EXCLUDED BENEFITS. 1. Surgical procedures including but not limited to reduction of fractures, removal of tumors and removal of impacted teeth are subject to the provisions of Article V of the Contract.
2. Treatment or materials with respect to skeletal malformation, except for Treatment due to accidental injury to sound natural teeth within 12 months of the accident or Treatment necessary due to congenital disease or anomaly, or Treatment of enamel hypoplasia (lack of development), except that this exclusion shall not apply to covered dependent children or eligible newborn children as described in the definition of Dependent in Article I of the Contract so long as such Dependent children continue to be eligible. When Services are not excluded under this provision as to these Dependent children who continue to be eligible, other limitations and exclusions of this Schedule shall specifically apply.
3. Treatment that increases the vertical dimension of an occlusion, replace tooth structure lost by attrition or erosion, or otherwise unless it is part of a Treatment dentally necessary due to accident or injury and directly attributable thereto or a covered procedure in a Rider to this Schedule.
4. Treatment or materials primarily for cosmetic purposes including but not limited to Treatment of fluorosis (a type of discoloration of the teeth) and porcelain or other veneers not for restorative purposes, except as part of a Treatment dentally necessary due to accident or injury and directly attributable thereto and except for reconstructive surgery necessary because of a congenital disease or anomaly of a covered dependent child which has resulted in a functional defect. If Services are not excluded as to particular teeth under this provision, cosmetic Treatment of teeth adjacent or near the affected ones is excluded. Since a determination that a Treatment is cosmetic involves a determination of dental necessity, the determination is subject to the appeals process described in Article IV, Paragraph E of the Contract.
5. Treatment or materials for which the Enrollee would have no legal obligation to pay.
6. Services provided or materials furnished prior to the effective eligibility date of an Enrollee under this Contract unless the Treatment was a year in duration and was completed after the Enrollee became eligible except insofar as the limitations in Section 2, Subsection B, Paragraphs 2 and 5 of the Schedule do not apply.
7. Periodontal splinting, equilibration, gnathological reco...
EXCLUDED BENEFITS. Devices and procedures for construction of malposed teeth, except as a covered benefit in Section 1, Subsection A of this Rider, or except where Orthodontics are a covered benefit in Section 1, Subsection A of Schedule A.
EXCLUDED BENEFITS. Fissure sealants except as a covered benefit in Section 1, Subsection A of this Rider.
EXCLUDED BENEFITS. 5.6(b) Existing Claims .......................................................................................................................... 5.21
EXCLUDED BENEFITS. (a) Any additional voluntary contributions as defined under the Tax Act, made by an Applicant to the Exporting Plan are not transferable to the Importing Plan under this Agreement and shall not be included in the calculation of the Available Amount in section 7(a)(i).
(b) Any benefits provided under a retirement compensation arrangement, or other supplemental benefits arrangement, which is not a registered pension plan under the Tax Act, are not transferable to the Importing Plan under this Agreement and shall not be included in the calculation of the Available Amount in section 7(a)(i).
EXCLUDED BENEFITS. The Borrower can and shall demonstrate the above information by presenting applicable records (which shall include, for greater certainty, evidence of contractual obligations) if and when requested upon audit by the GOC, and the Borrower shall cooperate with the GOC in conducting such audits including, without limitation, requesting or instructing third parties to provide information as may be necessary.
