GENERAL PROVISIONS A. No Limited Partner may withdraw from the Partnership other than as a result of a permitted transfer of all of such Limited Partner's Partnership Units in accordance with this Article 11 or pursuant to redemption of all of its Partnership Units under Section 8.6. B. Any Limited Partner who shall transfer all of its Partnership Units in a transfer permitted pursuant to this Article 11 shall cease to be a Limited Partner upon the admission of all Assignees of such Partnership Units as Substitute Limited Partners. Similarly, any Limited Partner who shall transfer all of its Partnership Units pursuant to a redemption of all of its Partnership Units under Section 8.6 shall cease to be a Limited Partner. C. Transfers pursuant to this Article 11 may only be made on the first day of a fiscal quarter of the Partnership, unless the General Partner otherwise agrees. D. If any Partnership Interest is transferred or assigned during any quarterly segment of the Partnership's fiscal year in compliance with the provisions of this Article 11 or redeemed or transferred pursuant to Section 8.6, or any day other than the first day of a Partnership Year, then Net Income, Net Losses, each item thereof and all other items attributable to such interest for such Partnership Year shall be divided and allocated between the transferor Partner and the transferee Partner by taking into account their varying interests during the Partnerships year in accordance with Section 706(d) of the Code, using the interim closing of the books method. Solely for purposes of making such allocations, each of such items for the calendar month in which the transfer or assignment occurs shall be allocated to the transferee Partner, and none of such items for the calendar month in which a redemption occurs shall be allocated to the Redeeming Partner. All distributions of Available Cash attributable to such Partnership Unit with respect to which the Partnership Record Date is before the date of such transfer, assignment, or redemption shall be made to the transferor Partner or the Redeeming Partner, as the case may be, and in the case of a transfer or assignment other than a redemption, all distributions of Available Cash thereafter attributable to such Partnership Unit shall be made to the transferee Partner.
GENERAL PROVISIONS A. Assignability: This license may be assigned by either party to the successor in interest or assignee of substantially all of its business or assets, or the surviving party of any merger or consolidation to which it is a party provided that the assignee of any assignment assumes all the assignor's obligations hereunder. Apart from any assignment permissible under the preceding sentences of this paragraph 17.1, MARKETING may not otherwise assign the license granted herein or the obligations undertaken herein without the prior written consent of REALTY, which consent shall not be unreasonably withheld. B. Notices: Any notice, approval, consent or other communication required or permitted hereunder shall be in writing and shall be given by personal delivery or telecopy, with acknowledgement of receipt, or by prepaid registered mail, return receipt requested, addressed to the party at its address first above written, to the attention of its General Counsel, or to any other address that either party may subsequently designate, by notice in accordance with this paragraph. Notices and other communications hereunder shall be
GENERAL PROVISIONS A. Entire Agreement is hereby replaced in its entirety as follows:
GENERAL PROVISIONS A. The Employer will determine whether work will be performed on regular work time or overtime, the number, the skills and abilities of the nurses required to perform the work, and the duration of the work. Before requiring nurses to work overtime, the Employer will first attempt to meet its overtime requirements on a voluntary basis through the use of on-call, part-time, volunteers currently working, and callback. In the event there are not enough nurses volunteering to work, the supervisor may require nurses to work overtime, consistent with Section 6.6 of this Article. When overtime is required, it will be assigned to nurses on duty in inverse order of seniority, provided the nurses have the skills and abilities required of the position. A nurse can refuse to work a required overtime one (1) time per rotation. The nurse will remain on the list and will be required to work the next required overtime assignment. The inverse order will be re-established when the list has been exhausted, i.e., the nurse with the greatest seniority has worked their required overtime. A nurse who volunteers to work an overtime shift will have their name removed from the required overtime rotation for that cycle.
GENERAL PROVISIONS A. This Agreement shall not be assignable without the express prior written consent of the other party. B. The Plan's eligibility for and/or recoveries for Losses under any other insurance or reinsurance shall reduce Reinsurer's liability under this Agreement. C. If any payment is made by Reinsurer under this Agreement, Reinsurer shall be subrogated to all of the Plan's right to recover such payment against any Plan Member, person or organization, and the Plan shall execute and deliver instruments and do whatever is necessary to preserve and secure such right. The Plan will promptly notify Reinsurer of any Loss in which there is a likelihood of recovery from a third party. Any recovery made by the Plan shall be reimbursed to Reinsurer to the extent Plan has included payments to be considered under this Agreement. D. This Agreement constitutes the entire contract of reinsurance. No change in this Agreement shall be valid until approved in writing by an executive officer of Reinsurer and unless such approval is endorsed herein or attached hereto. Except as authorized in writing by Reinsurer, no agent has authority to change this Agreement or to waive any of its provisions. No delay or failure by either party to exercise, at any time, any right or remedy of this Agreement shall constitute a waiver thereof or of such party's right to exercise any right or remedy. E. All attachments to the Agreement, whether described as an exhibit, endorsement, schedule, addendum or otherwise, are incorporated by reference. Any conflict between the terms contained in the body of the Agreement and such attachment will be governed by the terms contained in the body of the Agreement, except as specifically provided otherwise. F. This Agreement shall be governed by and administered in accordance with the laws of the State of NEW YORK. G. All notices required or permitted to be given by one party to the other under this Agreement shall be in writing, and shall be sufficient if either delivered in person, or sent by overnight delivery service, or sent by registered or certified mail, return receipt requested, to the parties at the respective addresses set forth below, or to such other address as the party to receive the notice has designated by notice to the other party. Notice may also be sent via facsimile, but the date of notice shall be deemed the date of receipt pursuant to one of the required modes of delivery. To Reinsurer: RELIASTAR MANAGING UNDERWRITERS, INC. 000 XXXXXXX XXXXX...
GENERAL PROVISIONS A. Attention is directed to the CONTRACT AND GENERAL CONDITIONS and all Sections within DIVISION 01 - GENERAL REQUIREMENTS which are hereby made a part of this Section of the Specifications. B. Equality of material, article, assembly or system other than those named or described in this Section shall be determined in accordance with the provisions of Article V of the CONTRACT AND GENERAL CONDITIONS. 1.2
GENERAL PROVISIONS A. During the periods of Sickness or Accident Disability for which benefits are paid, employees shall not accumulate net credited service for the purpose of qualifying for benefits under this Plan.
GENERAL PROVISIONS A. The recitals contained herein shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of same. The Trustee makes no representation as to the validly of this First Supplemental Indenture. The Indenture, as supplemented and amended by this First Supplemental Indenture, is in all respects hereby adopted, ratified and confirmed. B. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. C. This First Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York. IBM CREDIT CORPORATION By:________________________________ Xxxxxxxx X. Xxxxxxx Vice President, Finance (SEAL) Attest: -------------------------------------- THE CHASE MANHATTAN BANK, (National Association), as Trustee, By:________________________________ Name: Title: (SEAL) Attest: -------------------------------------
GENERAL PROVISIONS A. No Non-Managing Member may withdraw from the Company other than (i) as a result of a permitted Transfer of all of such Non-Managing Member's LLC Units in accordance with this Article 11 and the transferee(s) of such LLC Units being admitting to the Company as a Substituted Member or (ii) pursuant to an Exchange by the Non-Managing Member of all of its LLC Units under Section 8.6 hereof.
GENERAL PROVISIONS A. ENTIRE AGREEMENT AMENDMENT. This document and its Exhibits contain the entire Agreement between the parties relating to the subject matter contained herein. All prior or contemporaneous agreements, written or oral, between the parties regarding the Products are superseded by this Agreement. This Agreement may not be modified except by written document signed by an authorized representative of each party.
