Functional Capacity Sample Clauses

Functional Capacity the skill to perform activities in an acceptable manner.
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Functional Capacity. The degree of which an area of aquatic resource performs a specific function.
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Functional Capacity. The term “Functional Capacity” means the capacity of the DLMCJC for housing inmates, taking into account limitations imposed by the offender age, gender and classification and by the physical maintenance of the Detention System.
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Functional Capacity. Contractor shall cover services related to the ability for an Enrolled Member to attain, maintain, or regain functional capacity under the auspices of Medically Necessary Services. See: 42 C.F.R. § 438.210(a)(5)(ii)(C). {From CMSC F.6.13}.
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Functional Capacity. This is the potential best use of classrooms/instructional spaces based on the school’s educational program and facility design. It is the sum of the maximum number of students that can be assigned to each general use classroom of a school facility. Unlike Maximum Capacity, this calculation excludes the instructional spaces that provide support to assigned classroom/instructional spaces, such as computer or science labs. Similar to Maximum Capacity, the number of students that can be assigned to each classroom is based upon the PED standard for PTR or the NMAS for square feet per student, whichever is more restrictive. This calculation of capacity allows for the school’s functional uses of the facility based on educational programming. In the case of TMP, a hybrid analysis is necessary given the fact that the school has entered into a long-term lease for classroom space on the Santa Fe Community College campus and that students receive instruction in other classrooms both on and off campus. The following table contains the Maximum and Functional Capacity of each classroom in use at TMP. Rm # Clrm Use Clrm NSF Max # of Occupants based on Sq Ft Max. Facility Capacity based on PED MAX PTR / Clrm Functional Capacity A. S. Y /N Instructional Space 213 CLRM 900 36 30 30 Y 314 CLRM 975 39 30 30 Y 317 CLRM 600 24 24 24 N 318 CLRM 875 35 30 30 Y 319 CLRM 725 29 29 29 N 320 CLRM 900 36 30 30 Y Assembly 1900 76 76 0 Y Support Space 315 Xxxxxx 000 0 0 0 XX 000 Xxxxxx 900 9 9 9 XX 000 Xxxxxx 000 0 0 0 XX This table identifies a maximum capacity of 249 students for TMP, and a functional capacity of 173 students for its leased instructional spaces plus classroom 213. Classroom 213 is not a leased space, but SFCC has allowed TMP to access the classroom for instruction one period a day. If classroom 213 is not included in the calculations, TMP has a maximum capacity of 219 and a function capacity of 143. These calculations reflect that the assembly area (Dirt Room) is not a scheduled instructional space, but is used as a support space. The functional capacity of TMP with and without classroom 213 is below their student enrollment of 200. TMP is able to function with the size of its current facilities due to the fact that it has: • Incorporated a block schedule • Students are not required to be on campus 8:00am to 4:00pm every day • Students are enrolled in dual credit classes at SFCC Should any of these factors change, TMP would need to increase the number of instructional...
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Functional Capacity. The capacity of a school once the space needs for programs including, but not limited to, English for Speakers of a Second Language (ESOL), Exceptional Student Education (ESE), tutoring, resource, testing and computer labs have been addressed.
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Functional Capacity. F.6.30. Living Setting of Enrollee’s Choice. F.6.31. Mental Health Parity. F.6.32. Contractor may cover services or settings for Enrolled Members that are in lieu of those covered under the State Plan if: The Contractor shall provide a pharmacy network that complies with Special Contract Exhibit C requirements and at a minimum includes pharmacies licensed with the Iowa Board of Pharmacy. The Contractor shall be required to meet the same timeframes for reimbursement, prior approval responses and clean claims for 340B claims as for non-340B claims. The Contractor shall not apply a different timeframe for timely filing to 340B claims than non-340B claims, unless otherwise permitted by federal law.The Contractor shall not apply restrictions to 340B claims or covered entities if not applied to non-340B claims or providers such as fees, chargebacks, claw backs, adjustments, or other assessments not already required or permitted by Iowa law or Administrative Code. unless otherwise approved. The Contractor shall provide this reporting to the Agency in the manner and timeframe prescribed by the Agency, including, but not limited to, the submission of complete and accurate drug encounter data rebate file and required Attestation Form to the Agency or its Designee. The detail must provide the basis for comparing the actual amount paid to pharmacies to the amount that the PBM charged the Contractor for the transaction. The Contractor shall comply with spread pricing and if pass through pricing is used for PBM contracting, any administrative fee the PBM charges the Contractor cannot be sent as part of the encounter claim pricing. The Contractor shall comply with all file layout requirements including, but not limited to, format and naming conventions and submission of Provider paid amount. A complete listing of Claim fields required will be determined by the Agency. The Contractor shall ensure that its pharmacy Claims process recognizes Claims from 340B pharmacies for products purchased through the 340B Program at the Claim level utilizing the NCPDP field designed for this purpose. The Contractor shall ensure that the Physician/Provider administered drug Claims process recognizes Claims from 340B Providers at the Claim level. See: CMS CIB 050519 and 42 C.F.R. § 438.8(e)(2)(v)(A) and 42 CFR 438.8(k)(3) The Contractor shall assist the Agency or the Agency’s Designee in resolving Drug Rebate disputes with a manufacturer in a timely manner and at the Contractor’s expense. ...
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Functional Capacity. This consist of organizational and institutional agile managerial systems needed to simplify the organizations goal to formulate, implement and review strategies focused on meeting the 30% MWBE goal for the particular market.
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Functional Capacity. The degree to which an area of aquatic resource performs a specific function. Functions: The physical, chemical, and biological processes that occur in ecosystems. Hydric Soil: Soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil.
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Related to Functional Capacity

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Fiduciary Capacity If Investor is purchasing the Shares in a fiduciary capacity for another person or entity, including without limitation a corporation, partnership, trust or any other entity, the Investor has been duly authorized and empowered to execute this Agreement and all other subscription documents. Upon request of the Company, Investor will provide true, complete and current copies of all relevant documents creating the Investor, authorizing its investment in the Company and/or evidencing the satisfaction of the foregoing.

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • Financial Capability At Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

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