INCAPABILITY. The following are examples of incapability: · Poor performance · Incompetence · Unsuitability · Lack of application These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure. Any one of the following penalties will be available to the Company in cases of incapability, which are upheld following a disciplinary interview and you have 12 months continuous service:

INCAPABILITY. If the Executive is Incapable, in accordance with applicable law, the Company may terminate the Executive’s employment. If the Executive’s employment terminates in accordance with this Section 14, the Executive shall be entitled to receive any Accrued Obligations. For the purposes of this Agreement, the term “Incapable” shall mean the Executive is unable by reason of sickness, injury or other medical disorder or condition to carry out his duties under this Agreement for an aggregate period of 13 weeks in any 26-week period.

INCAPABILITY. PROCEDURE --------- The following steps will be taken, as appropriate, in all cases where it is considered that disciplinary action is necessary. The Board may, in any individual case, elect to delegate some or all of the procedures listed below to a committee of the Board. Investigation No action will be taken before a proper investigation has been undertaken by the Board relating to the circumstances of the matter complained of. If appropriate, the Board may, by written notice, suspend the Executive for a specified period during which time the investigation will be undertaken. In the case of suspension the Executive's contract of employment will be deemed to continue together with the rights specified thereunder including the payment of salary and other benefits in kind, but during the period of suspension the Executive will not be entitled to enter upon the Company's premises except at the prior request or with the prior consent of the Board. Any decision to suspend the Executive will be notified by the Board and confirmed in writing.

INCAPABILITY. 13.1 Where an employee is not capable of returning to his job due to ill health even if reasonable adjustments are made, and no suitable alternative employment can be found, notice of termination may be issued following a period of consultation. Such termination will usually be on the grounds of capability and will be carried out according to the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.2 Where absences are of a short term or multiple nature and the employee’s attendance record is unacceptable, the employee will be interviewed and may be issued with a formal warning that if his attendance record does not improve then dismissal may result. If, after such warning, the employee’s attendance record does not improve, the employee’s employment may be terminated on the grounds of capability or conduct or some other substantial reason depending on the circumstances of the case and will be carried out in accordance with the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.3 If during the currency of any notice of termination given to the employee pursuant to paragraphs 13.1 or 13.2 above, the employee provides medical evidence satisfactory to us to the effect that he has fully recovered his physical and/or mental health and that no recurrence of illness or incapacity can reasonably be anticipated we may withdraw the notice unless, by that date, a replacement for the employee has been appointed.

INCAPABILITY. 2.7.1 The following are examples of incapability: Poor performance Incompetence Unsuitability Lack of application These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure. 2.7.2 The following procedure will apply in cases of incapability: FIRST WARNING: this will be given by the Board of Directors and will be confirmed to you in writing. This warning will specify the improvement required and will state that your work will be reviewed at the end of a period of one month after the date of the warning FINAL WARNING: this will be given by the Board of Directors and confirmed to you in writing. This warning will state that unless your work improves within a period of one month after the date of the warning your employment will be terminated.

INCAPABILITY the Note Issuer (acting on the instructions of the Note Trustee) is of the opinion that such Note Agent has become incapable of acting;

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Capabilities A. The Parties agree that the DRE must possess the legal, technical, and financial capacity to: (1) Accept and expend non-federal funds consistent with Section 4.2.4; (2) Accept transfer of the FERC license and title for the Facilities from PacifiCorp; (3) Seek and obtain necessary permits and other authorizations to implement Facilities Removal; (4) Enter into appropriate contracts and grant agreements for effectuating Facilities Removal; (5) Perform, directly or by oversight, Facilities Removal; (6) Prevent, mitigate, and respond to damages the DRE or any of its contractors, subcontractors, or assigns cause during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE or any of its contractors, subcontractors, or assigns, including costs thereof and any judgments or awards resulting therefrom; (7) Carry the required insurance and bonding set forth in Appendix L to respond to liability and damages claims associated with Facilities Removal against the DRE or any of its contractors, subcontractors, or assigns; (8) Meet the deadlines set forth in Exhibit 4; and (9) Perform such other tasks as are reasonable and necessary for Facilities Removal. B. Before the DRE and PacifiCorp file the joint application to transfer the license for the Facilities, the DRE will Timely demonstrate to the reasonable satisfaction of the States and PacifiCorp that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(1) through (5), (8), and (9). PacifiCorp and the States will consult if the DRE fails to make the demonstration required in this subsection. C. Within six months of the DRE’s execution of the Settlement, the DRE will include in an informational filing in the FERC license transfer proceeding proof that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(6) and (7). This filing will include documentation that the DRE meets the requirements of Parts II, III, and IV of Appendix L and is capable of fulfilling its obligations under Section 7.1.3. The DRE will not provide the filing if either of the States or PacifiCorp objects to the filing after a reasonable opportunity to review before submission to FERC. The six-month deadline may be changed by agreement of the DRE, the States, and PacifiCorp. The Parties will Meet and Confer if the DRE fails to provide the informational filing to FERC.
Capability 12 – Public health laboratory testing is the ability to implement and perform methods to detect, characterize, and confirm public health threats. It also includes the ability to report timely data, provide investigative support, and use partnerships to address actual or potential exposure to threat agents in multiple matrices, including clinical specimens and food, water, and other environmental samples. This capability supports passive and active surveillance when preparing for, responding to, and recovering from biological, chemical, and radiological (if a Radiological Laboratory Response Network is established) public health threats and emergencies.
Functionality Customer is entitled to additional functionality previously purchased or bundled with the software if available in the version or update released on or after the start date of the Agreement. Customer acknowledges that certain functionality in current and previous software versions may not be available in future upgrades. Added functionality may require additional paid services (clinical and technical) to configure and support.
Reliability Reliability targets (Mean Time Between Failures (MTBF)) are defined in the technical specifications as set out in the Contract. Notwithstanding any possible application of penalties relating to reliability defined in the Contract, Goods shall remain covered by the warranty defined in this Article 16 as long as the reliability commitments have not been reached.
Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.
Grievability Denial of a petition for reinstatement is grievable. The grievance may not be based on information other than that shared with the Employer at the time of the petition for reinstatement.
Searchability Offering searchability capabilities on the Directory Services is optional but if offered by the Registry Operator it shall comply with the specification described in this section. 1.10.1 Registry Operator will offer searchability on the web-‐based Directory Service. 1.10.2 Registry Operator will offer partial match capabilities, at least, on the following fields: domain name, contacts and registrant’s name, and contact and registrant’s postal address, including all the sub-‐fields described in EPP (e.g., street, city, state or province, etc.). 1.10.3 Registry Operator will offer exact-‐match capabilities, at least, on the following fields: registrar id, name server name, and name server’s IP address (only applies to IP addresses stored by the registry, i.e., glue records). 1.10.4 Registry Operator will offer Boolean search capabilities supporting, at least, the following logical operators to join a set of search criteria: AND, OR, NOT. 1.10.5 Search results will include domain names matching the search criteria. 1.10.6 Registry Operator will: 1) implement appropriate measures to avoid abuse of this feature (e.g., permitting access only to legitimate authorized users); and 2) ensure the feature is in compliance with any applicable privacy laws or policies.
Dependability a) Requires constant supervision to perform daily routine correctly b) Occasionally misses necessary task c) Rarely misses necessary task and is reliable d) Outstanding reliability and job is always completed correctly
Interoperability To the extent required by applicable law, Cisco shall provide You with the interface information needed to achieve interoperability between the Software and another independently created program. Cisco will provide this interface information at Your written request after you pay Cisco’s licensing fees (if any). You will keep this information in strict confidence and strictly follow any applicable terms and conditions upon which Cisco makes such information available.
Compatibility 1. Any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for in this Article and Articles 25A to 25G shall not be submitted to arbitration if the issue falls within the scope of a case with respect to which an arbitration panel or similar body has previously been set up in accordance with a bilateral or multilateral convention that provides for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case. 2. Nothing in this Article and Articles 25A to 25G shall affect the fulfilment of wider obligations with respect to the arbitration of unresolved issues arising in the context of a mutual agreement procedure resulting from other conventions to which the Contracting States are or will become parties.”.

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