IN CONTEXT. The Parties acknowledge that the issues outlined above must be considered in the MIDP and the Implementation Agreements in the context of other important matters to be considered in the MIDP, including issues related to land valuation, procurement, etc. Capitalized terms used but not otherwise defined in this Schedule H shall have the meanings ascribed to them in the Plan Development Agreement.

IN CONTEXT. The Falkirk Council area is situated right at the centre of Scotland. It has a growing population which, according to the preliminary results of the 2011 Census, is now 156,000, making it the 11th largest council in Scotland. Our area is one of the best connected in Scotland, equidistant between Glasgow and Edinburgh and at the heart of the motorway network. This context statement seeks to provide a background to our area a whole and areas within it, looking at past trends and future challenges that will affect and have an impact on our area in the short, medium and longer term. The recent economic uncertainty makes it difficult to forecast future trends and anticipate what may happen to our communities in the short term. However we remain committed to our long term vision. Our area has faced, and overcome, major challenges before. Our ability to adapt and react to changing circumstances will stand us in good stead to ensure that there will be a thriving and prosperous future for our area and our communities. The first results from the 2011 Census show the population of Falkirk Council area as 156,0001. This is higher than the last pre-Census population estimate from National Records of Scotland (NRS) which gave the 2011 population as 154,380. The population of our area has now been increasing for almost 20 years after many years of little change. The population has grown by over 10,000 since the last Census in 2001 – or 7.4% – compared to an increase in Scotland of 4.6%. Based on the previous 2010 mid year estimate of population from NRS, the population is projected to increase further to 157,200 by 2015, 163,900 by 2025 and 168,700 by 2035 (see Figure 1). The growing population presents a key challenge to all Community Planning partners for service provision across the Council area. 1 xxxx://xxx.xxxxxxxxxxxxxxx.xxx.xx/documents/censusresults/release1a/rel1asb.pdf Source: National Records of Scotland mid year estimates of population 1981-2010 (Crown Copyright) 2010 based population projections 2010-2035 (Crown Copyright) Much of this growth has been driven by net in-migration, with the Falkirk area being attractive to in-migrants due to competitive house prices compared to surrounding areas, the variety of new build properties and good sustainable transport links. Average net in- migration since 2001 has been 725 per year. Further details and analysis of our population is provided at Appendix 1. The number of births in our area has been higher than the nu...

IN CONTEXT. The Regions and Rurality Fund (FRR) has four components: - Component 1 - Support for regional outreach - Component 2 – Support for local and regional development - Component 3 - MRC "Signature innovation" projects - Component 4 – Vitalization and intermunicipal cooperation. This vitalization framework concerns Component 4 - Support for vitalization, of which the vitalization agreement between the Ministère des Affaires municipales et de l'Habitation (MAMH) and the MRC, to help communities meet the specific challenges of vitalization. Vitalization is described by XXXX as the set of actions put forward by a community, in order to revitalize its environment and sustainably improve the quality of life. The government wishes to support the MRCs concerned so that they can mobilize their communities and adopt a well-thought-out vitalization framework to stabilize or turn around demographic and economic indicators.

IN CONTEXT. As mentioned above, before ending up in the Finnish Supreme Court, the case this thesis is based on was heard in a District court51 and a Court of Appeal52. The courts took the opposite approaches to the issue, the District Court choosing the formalistic point of view, emphasizing the letter of the law. The Court of Appeal decided the case to the contrary and chose to give more value to the intention of the signatory parties. Next, the thesis will introduce the background of the case, followed by discussion of the decisions of the District Court and the Court of Appeal. The decisions will be examined in order to determine what grounds and arguments they are based on. Lastly, the Supreme Court decision will be examined and discussed.53

IN CONTEXT. Cities in the developing world must overcome obstacles to taxation in order to cultivate stable, efficient sources of revenue that can finance much-needed infrastructure and other public goods. The property tax is the most economically efficient local tax according to literature on public finance, yet many local governments neglect it because it is politically unpopular and administratively challenging (Bird 2010, Xxxxxxxxx 1998).

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Context The Department of Education is Western Australia’s largest public sector employer with approximately 45,000 staff or one third of the Government workforce in around 800 worksites. We provide a system of public schools in which our aim is to ensure that every school is a good school, every teacher is effective and every student is successful. The Department's other key responsibilities include: • regulation of non-government schools in accordance with Part 4 of the School Education Act 1999 • administration of state funding to non-government schools • higher education policy and planning • legislative reviews • providing Secretariat services to the Teachers Registration Board of Western Australia, the Training Accreditation Council and the School Curriculum and Standards Authority. The principles underpinning the Department’s operations in Western Australia are: • working collaboratively to achieve outcomes • accepting responsibility and accountability for the achievement of outcomes • enabling flexible, innovative and diverse work practices • promoting confidence in the professional judgement of the Department’s staff. All Department actions are guided by four core values: Learning, Excellence, Equity and Care. For further information, please visit: xxxxx://xxx.xxxxxxxxx.xx.xxx.xx/xxx/xxx-xxxxxxxxxxxx/xxxx Further context about the particular school or college in which the vacancy is being advertised is available on the Department’s website. Please visit xxxx://xxx.xxx.xx.xxx.xx/xxxxxxxxxxxxx/xxxx.xx and enter the school or college name in the Find a School field.
Defined Terms Used in this Agreement In addition to the terms defined above, the following terms used in this Agreement shall be construed to have the meanings set forth or referenced below.
Terms Defined in this Agreement The following terms when used in this Agreement shall have the following definitions:
Terms Defined Elsewhere in this Agreement For purposes of this Agreement, the following terms have meanings set forth in the sections indicated: Term Section AAA Accounts Receivable 12.5 2.1(i) Agreement Preamble Arbitrator 12.5 Assumed Liabilities 2.3 Belgian Activities 1.1 (in Business definition) Closing 5.1(a) Closing Date 5.1(a) Confidentiality Agreement 12.7 Covenant Survival Period 10.1(b) Decision Disputes Elop 12.5 12.5 6.8(ii) Escrow Agent 10.5 Escrow Agreement 10.5 Escrow Fund 10.5 Exchange Act 1.1 (in Affiliate definition) Excluded Assets 2.2 Excluded Liabilities 2.4 Extraordinary Damages Financial Statements 1.1 (in Damages definition) 6.4(a) Foreign Tax Withholding Certificate 8.11 IAS 6.4(v) Indemnification Claim 10.4(b) IRI Project 6.8(ii) ISA 6.4(iii) MediVision ESE Report 6.4(i) MediVision Product 6.17 MediVision Product Certifications 6.18 MediVision Recommendation 6.2(ii) OCS Funded Technology 6.15(i) Post-Closing Covenants 10.1(b) Pre-Closing Covenants 10.1(b) Pre-Closing Tax Period 11.3(a) Purchased Assets 2.1 Purchased Shares 3.1 Purchased Trade Secrets 6.8(iii) Purchaser Preamble Purchaser Documents 7.2(i) Purchaser Indemnified Parties 10.2(a) Seller Preamble Seller Disclosure Letter 6 Seller Documents 6.2(i) Seller Indemnified Parties 10.3(a) Seller Material Adverse Effect 6.1 Seller Material Agreements 6.9(iii) Software Products 6.8(vi) Subsidiary 6.1 Survival Period 10.1(b) Tax 6.16 Tax Claim 11.4(b) Tax Return 6.16 Termination Date 5.2(a) Total Consideration 4.1 Transaction Documents 7.2(i) Transfer Taxes 11.1 Warranty Survival Period 10.1(a)
Headings; Context The headings of the sections and paragraphs contained in this Agreement are for convenience of reference only and do not form a part hereof and in no way modify, interpret or construe the meaning of this Agreement.
Terms Defined in the Original Agreement Unless the context otherwise requires or unless otherwise expressly defined herein, the terms defined in the Original Agreement shall have the same meanings whenever used in this Amendment.
Rules of Construction; Headings Unless the express context otherwise requires: (a) The words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement. (b) The terms defined in the singular have a comparable meaning when used in the plural, and vice versa. (c) If a word or phrase is defined, the other grammatical forms of such word or phrase have a corresponding meaning. (d) The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement; (e) The terms “USD,” “Dollars” and “$” mean United States Dollars.
Plural and Singular Unless otherwise specifically stated, any provision in this Agreement which is expressed in terms of the plural shall, in its application to the singular, be read with the necessary changes to express the singular, and vice versa.
Terms Defined Elsewhere As used in this Agreement, the following capitalized terms are defined in this Agreement as referenced in the following table: Agreement Preamble Applicable Date 4.5(a) Book-Entry Shares 3.3(b)(ii) Certificate of Merger 2.2(b) Certificates 3.3(b)(i) Change of Control Amendment 6.23(c)(ii) Change of Control Amendment Consent Fee 6.23(c)(ii) Closing 2.2(a) Closing Date 2.2(a) Code Recitals Company Preamble Company 401(k) Plan 6.9(f) Company Affiliate 9.10 Company Alternative Acquisition Agreement 6.3(d)(iv) Company Board Recitals Company Board Recommendation 4.3(a) Company Capital Stock 4.2(a) Company Change of Recommendation 6.3(d)(vii) Company Common Stock Recitals Company Contracts 4.19(b) Company Designees 2.7(a) Company Designated Stockholder Recitals Company Disclosure Letter Article IV Company Employee 6.9(b) Company FA 4.22 Company Independent Petroleum Engineers 4.17(a) Company Intellectual Property 4.14(a) Company Material Adverse Effect 4.1 Company Material Leased Real Property 4.15 Company Material Real Property Lease 4.15 Company Owned Real Property 4.15 Company Permits 4.9(a) Company Preferred Stock 4.2(a) Company Related Party Transaction 4.24 Company Reserve Report 4.17(a) Company Restructuring Transactions Recitals Company SEC Documents 4.5(a) Company Senior Notes Recitals Company Stakeholders’ Pro Forma Equity Percentage 5.22 Company Stock Award 3.2(a) Company Stockholders Meeting 4.4 Company Tax Certificate 6.18(b) Confidentiality Agreement 6.7(b) Creditors’ Rights 4.3(a) days 9.4(e) Designated Stockholder Support Agreement Recitals DGCL 2.1 Dismissal Order 6.24(a)(v) D&O Insurance 6.10(d) DTC 3.3(b)(ii) e-mail 9.3 Effective Time 2.2(b) Eligible Shares 3.1(b)(i) Exchange Agent 3.3(a) Exchange Consideration 6.23(a) Exchange Fund 3.3(a) Exchange Offer Recitals Exchange Offer Expiration Date 6.23(c) Exchange Prospectus 4.8 Exchange Ratio 3.1(b)(i) Exchange Registration Statement 4.8 Excluded Employees 6.9(b) Excluded Shares 3.1(b)(iii) GAAP 4.5(b) HSR Act 4.4 Indemnified Liabilities 6.10(a) Indemnified Persons 6.10(a) Involuntary Insolvency Event Date 6.24(a)(v) Joint Proxy Statement 4.4 Letter of Transmittal 3.3(b)(i) made available 9.4(e) Material Company Insurance Policies 4.20 Material Parent Insurance Policies 5.20 Measurement Date 4.2(a) Merger Recitals Merger Consideration 3.1(b)(i) Merger Registration Statement 4.8 Merger Sub Preamble Merger Sub Board Recitals Minimum Participation Condition 6.23(a) New Financing 6.22 Non-Cancelled Shares 3.1(b)(iii) Note Consents 6.23(c) Note Waivers 6.23(c) Notes Exchange Agent 6.23(f) Other Indenture Amendments 6.23(c)(iii) Outside Date 8.1(b)(ii) Parent Preamble Parent 401(k) Plan 6.9(f) Parent Affiliate 9.10 Parent Alternative Acquisition Agreement 6.4(d)(iii) Parent Board Recitals Parent Board Recommendation 5.3(a) Parent Capital Stock 5.2 Parent Change of Recommendation 6.4(d)(vi) Parent Common Stock Recitals Parent Contracts 5.19(b) Parent Designees 2.7(a) Parent Disclosure Letter Article V Parent Equity Plan 5.2(a) Parent FA 5.22 Parent Independent Petroleum Engineers 5.17(a) Parent Intellectual Property 5.14(a) Parent Material Adverse Effect 5.1 Parent Material Leased Real Property 5.15 Parent Material Real Property Lease 5.15 Parent Owned Real Property 5.15 Parent Permits 5.9(a) Parent Preferred Stock 5.2(a) Parent Right 3.1(b)(iv) Parent Related Party Transaction 5.24 Parent Reserve Report 5.17(a) Parent SEC Documents 5.5(a) Parent Series A Junior Participating Preferred Stock 3.1(b)(iv) Parent Stock Issuance Recitals Parent Stockholders Meeting 4.4 Parent Tax Certificate 6.18(b) pdf 2.2 Registration Statements 4.8 Rights-of-Way 4.16 Second Request 6.8(c) Supplemental Indenture Effective Date 6.23(j) Supporting Noteholders Recitals Surviving Corporation 2.1 Tail Period 6.10(d) Tax Plan Recitals Tax Plan Record Date 3.1(b)(iv) Terminable Breach 8.1(b)(iii) Transaction Expense Fee Recitals Transaction Support Agreement Recitals Transaction Litigation 6.11
Terms and References Unless otherwise stated in this Amendment (a) terms defined in the Credit Agreement have the same meanings when used in this Amendment, and (b) references to “Sections” are to the Credit Agreement’s sections.

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