EXEMPTED ACTIVITIES Clause Samples

The Exempted Activities clause defines specific actions or operations that are not subject to the restrictions or obligations set forth elsewhere in the agreement. For example, it may list certain business activities, transactions, or uses of information that the parties agree are permitted despite general prohibitions in the contract. This clause serves to carve out exceptions, ensuring that routine or necessary activities can continue without breaching the agreement, thereby providing clarity and flexibility for both parties.
EXEMPTED ACTIVITIES. The following proposed undertakings have limited potential to affect historic properties and may be approved by the City without further consultation with the Indiana SHPO or ACHP. All undertakings not identified under either (A) or (B) of this Stipulation must be reviewed in accordance with 36 C.F.R. Part 800.
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EXEMPTED ACTIVITIES. In the event that NASA must undertake emergency response activities that are covered under the Programmatic Allowances, as applied by the Center CRM, then NASA shall proceed with those activities without further action under the NPA, notwithstanding inadvertent discoveries (Stipulation XVII – Inadvertent Discoveries). Any cumulative or adverse effects that may occur as a result of these activities will be mitigated through Programmatic Mitigation per Stipulation XI.A.
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EXEMPTED ACTIVITIES. The Signatories agree that the certain Undertaking activities do not have the potential to affect historic properties or have limited potential to cause adverse effects to historic properties, assuming such historic properties are present. Therefore, in accordance with Stipulation IV of the PA, no further Section 106 review is required for these activities once the qualifying criteria for exemption, as outlined in this Appendix C (the “Qualifying Criteria for Exemption”), have been appropriately documented by the Applicant and submitted to and approved by the SHPO. The Applicant will document how an Undertaking, or certain Undertaking activities, meets the Qualifying Criteria for Exemption in the Lookahead Reports submitted to the SHPO and Consulting Parties pursuant to Stipulation I.C and Stipulation V of the PA. The exemption criteria outlined in this Appendix C shall not apply to any Undertaking activities requiring ground disturbance occurring within a half-mile (0.5-mile) of the Grand River in Grand Rapids and which intersect a previously recorded archaeological site. Such Undertakings will at a minimum require an archaeological desktop review be submitted to the SHPO in accordance with Stipulation I.C and Stipulation V of the PA. The prior installation of legacy infrastructure through traditional trench excavation methods would have entailed ground disturbance of a six (6)-foot-wide trench to depths typically ranging three (3) to six (6) feet below grade. Therefore, the zone of prior disturbance resulting from the installation of legacy infrastructure is considered to be the horizontal area within a six (6)-foot-wide corridor centered on the legacy pipeline (i.e., within three [3] feet on either side of the location of legacy pipeline), and the vertical area between the ground surface and the legacy pipeline, which is typically three (3) to six (6) feet below grade, within the six (6)-foot-wide corridor centered on the legacy pipeline. If the Applicant utilizes any criteria below that cite the zone of prior disturbance to exempt an Undertaking, they will include documentation in the Lookahead Report to support the application of the exemption criteria to the Undertaking that may include maps of the relevant legacy infrastructure and tabular data on legacy infrastructure's location, depth, and dimensions, if known. The majority of Undertaking activities involve Horizontal Directional Drilling (“HDD”) that will entail disturbances ranging from four (4)...
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EXEMPTED ACTIVITIES. A. The Applicant, assisted by professionals meeting the Professional Qualifications as defined in Stipulation I.D, shall determine whether individual Undertakings, or discrete Undertaking activities, are exempted from further Section 106 review (i.e., those with no potential to affect historic properties) based on the criteria for Programmatically Exempted Activities under this PA as described in Appendix C attached hereto. B. For any individual Undertakings determined by the Applicant as meeting the criteria to be exempted from further review, the Applicant will provide this determination in the documentation prepared pursuant to Stipulation I.C of this PA. The Applicant will include the supporting documentation for the exemption in the Lookahead Report submittal to the SHPO. The Lookahead Report will summarize any individual Undertakings which the Applicant has deemed exempt and provide the qualifying criteria and/or rationale for exemption of the Undertaking as provided in Appendix C of the PA. 1. The SHPO will review all Undertakings included in the Lookahead Report that have been recommended as exempted activities to ensure compliance with this PA. The SHPO may seek additional information from the Applicant or may recommend the review be elevated to the standard review procedure outlined in Stipulation V. Once the SHPO has signed off on the determination that an individual Undertaking is excluded from further review, this concludes the Applicant's responsibilities for complying with Section 106 and this PA for Undertakings determined exempt from review. C. If for any reason the Applicant cannot determine to exempt all activities of an individual Undertaking from review, the Applicant will submit the entire Undertaking to the SHPO for standard review as described in Stipulation V. The Lookahead Report should clearly document which Undertaking activities meet the criteria for exemption from further review (Appendix C) and which activities do not meet those criteria. Once the SHPO has reviewed the Lookahead Report and agreed with the exemption of any Undertaking activities, the Applicant may commence those activities. The review of non-exempt activities will follow the procedure outlined in Stipulation V and the Applicant will request SHPO comment on the portions of the Undertaking with the potential to affect historic properties.
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Related to EXEMPTED ACTIVITIES

  • Restricted Activities In connection with your use of our websites, your PayPal account, the PayPal services, or in the course of your interactions with PayPal, other PayPal customers, or third parties, you must not: • Breach this user agreement, the PayPal Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and us. • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). • Infringe PayPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. • Sell counterfeit goods. • Act in a manner that is defamatory, trade libelous, threatening or harassing. • Provide false, inaccurate or misleading information. • Send or receive what we reasonably believe to be potentially fraudulent or unauthorized funds. • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us. • Attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from both PayPal and the seller, bank or card issuer for the same transaction. • Control an account that is linked to another account that has engaged in any of these restricted activities. • Conduct your business or use the PayPal services in a manner that results in or may result in: o Complaints. o Requests by buyers (either filed with us or card issuers) to invalidate payments made to you. o Fees, fines, penalties or other liability or losses to PayPal, other PayPal customers, third parties or you. • Use your PayPal account or the PayPal services in a manner that PayPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules. • Allow your PayPal account to have a balance reflecting an amount owing to us. • Provide yourself a cash advance from your credit card (or help others to do so). • Access the PayPal services from a country that is not included on our permitted countries list. • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or the PayPal services. • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or PayPal services. • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers. • Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, any of the PayPal services or other users' use of any of the PayPal services. • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers. • Use the PayPal services to test credit card behaviors. • Circumvent any PayPal policy or determinations about your PayPal account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional PayPal account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional PayPal accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's PayPal account. • Harass and/or threaten our employees, agents, or other users. • Abuse of our online dispute resolution process and/or PayPal’s Buyer Protection program and/or PayPal’s Seller Protection program. • Cause us to receive a disproportionate number of claims that have been closed in favor of the claimant regarding your PayPal account or business. • Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the PayPal services. • Use a credit card with your PayPal account to provide yourself with a cash advance (or help others to do so). • Disclose or distribute another user's information to a third party, or use such information for marketing purposes unless you receive the user's express consent to do so. • Send unsolicited email to a user or use the PayPal services to collect payments for sending, or assisting in sending, unsolicited email to third parties. • Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the PayPal website(s) without our or any applicable third party's written consent. • Reveal your account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords. • Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the PayPal service or activities carried out as part of PayPal services or otherwise than in accordance with the terms of this user agreement. • Request or send a personal transaction payment for a commercial transaction. • Allow your use of the PayPal service to present to PayPal a risk of non- compliance with PayPal's anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit or where you expose PayPal to the risk of any regulatory fines by European, US or other authorities for processing your transactions). • Integrate or use any of the PayPal services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers' guide or other documentation issued by PayPal from time to time. • Advertise, promote, introduce or describe PayPal Credit or any PayPal co-branded credit based payment instrument to your customers without: (1) obtaining the necessary regulatory permission to do so in advance; and (2) the prior written permission of PayPal and (if not PayPal) the issuer of the credit to do so. • Suffer (or cause us to determine that there is a reasonable likelihood of) a security breach of your website or systems that could result in the unauthorized disclosure of customer information. You agree that engaging in the above restricted activities diminishes your or our other customers' safe access and/or use of your account and our services generally.

  • Permitted Activities The purpose of the Issuer is, and the Issuer will have the power and authority, and is authorized, to engage in the following activities: (i) to acquire the Receivables and other Sold Property under the Sale and Servicing Agreement from the Depositor in exchange for the Notes; (ii) to Grant the Collateral to the Indenture Trustee under the Indenture; (iii) to enter into and perform its obligations under the Transaction Documents; (iv) to issue the Notes under the Indenture and to facilitate the sale of the Notes by the Depositor; (v) to pay principal of and interest on the Notes; (vi) to administer and manage the Trust Property; (vii) to make payments to the Noteholders and distributions to the holder of the Residual Interest; and (viii) to take other actions necessary or advisable to accomplish the activities listed above or that are incidental to the activities listed above.

  • LIMITED ACTIVITIES Except for activities in connection with the Offering, the Formation Transactions or in the ordinary course of business, the Operating Partnership and the Operating Partnership Subsidiaries have not engaged in any material business or incurred any material obligations.

  • Prohibited Activities You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  • Regulated Activities The Company shall not itself, nor shall it cause, permit or allow the Bank or any other of its Subsidiaries to (i) engage in any business or activity not permitted by all applicable laws and regulations, except where such business or activity would not reasonably be expected to have a Material Adverse Effect on the Company, the Bank and/or such of its Subsidiaries or (ii) make any loan or advance secured by the capital stock of another bank or depository institution, or acquire the capital stock, assets or obligations of or any interest in another bank or depository institution, in each case other than in accordance with applicable laws and regulations and safe and sound banking practices.