INCLUSIONARY HOUSING PROGRAM Sample Clauses

INCLUSIONARY HOUSING PROGRAM. The representations and warranties set forth in the corresponding Section of the Building Loan Agreement are incorporated herein by reference as if fully set forth herein.
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INCLUSIONARY HOUSING PROGRAM. Borrower shall comply with its covenants set forth in the Section of the Building Loan Agreement that corresponds to this Section.
INCLUSIONARY HOUSING PROGRAM. (a) To Borrower's knowledge, each of the HPD Off-Site Agreement and the Inclusionary Air Rights Agreement is valid, binding and enforceable in accordance with its terms against the parties thereto, subject to bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in general. (b) Neither Borrower nor Off-Site Developer is in default of its obligations under the Inclusionary Air Rights Agreement. The Inclusionary Air Rights Agreement represents the entire agreement between Off-Site Developer and Borrower with respect to the subject matter thereof. To Borrower's knowledge, the Inclusionary Air Rights Agreement has not been amended, modified or otherwise changed or the provisions thereof waived. (c) The Certificates of Eligibility for Zoning Bonus that have been issued to date for the Existing Development Rights have each been validly issued, benefit the Property and may be freely transferred in accordance with applicable Legal Requirements by Residential Owner in accordance with their terms without any requirement for any Governmental Approval or other consent or approval. Borrower's has not assigned any of the Certificates of Eligibility or its rights therein (under an assignment that remains in effect) other than pursuant to the Loan Documents. (d) The Property is eligible for the benefits provided by the Certificates of Eligibility for Zoning Bonus.
INCLUSIONARY HOUSING PROGRAM. (a) Borrower shall use good faith reasonable efforts to obtain and maintain Additional Development Rights in order to include the Bonus Area within the Improvements. Without limiting the foregoing, Borrower shall use good faith reasonable efforts to obtain the Inclusionary Air Rights Agreement by the point in time when Borrower is ready to begin pouring the concrete for the Residential Component of the Improvements, and, thereafter to maintain the same in full force and effect throughout the term of the Loan. (b) Borrower shall not assign (other than to Agent) either the Inclusionary Air Rights Agreement or any Certificate of Eligibility for Zoning Bonus, or surrender, cancel, modify in any material respect, or waive any of its material rights under, or transfer, or permit the surrender, cancellation, modification in any material respect, revocation or transfer of, the Inclusionary Air Rights Agreement or any Certificate of Eligibility for Zoning Bonus, without Agent's prior written consent. Notwithstanding the foregoing, Borrower shall have the right to sell a portion of the existing Certificates of Eligibility for Zoning Bonus to the extent (and simultaneously or after) it acquires Certificates of Eligibility for Zoning Bonus in excess of the total Bonus Area required for the Improvements. (c) Borrower shall notify Agent of (i) any material default by any party, including Borrower, under the Inclusionary Air Rights Agreement, (ii) the termination or cancellation of the Inclusionary Air Rights Agreement, (iii) the modification in any material respect, revocation of or failure to timely obtain and maintain any Certificate of Eligibility of Zoning Bonus necessary to obtain the benefits of the Bonus Area, (iv) any material delay in the construction or completion of the Off-Site Property, and (v) any assignment of the Inclusionary Air Rights Agreement by the Off-Site Developer, in each case within five (5) Business Days after Borrower obtains knowledge thereof. Borrower's notice to Agent shall include a statement setting forth details of the occurrence referred to therein and stating what action Borrower proposes to take with respect thereto. Borrower shall deliver to Agent any material notices received or sent by Borrower, Off-Site Developer, the City of New York, HPD or any other party with respect to the foregoing within give five (5) Business Days after Borrower receives or concurrently with Borrower's sending the same. (d) Borrower shall deliver to Agent...
INCLUSIONARY HOUSING PROGRAM 

Related to INCLUSIONARY HOUSING PROGRAM

  • Family Care Leave In accordance with RCW 49.12 and WAC 296-130, employees shall be allowed to use any or all of their choice of sick leave or other paid time off to care for a family member (as defined above) who has a serious health condition or an emergency condition. Employees shall not be disciplined or otherwise discriminated against because of their exercise of these rights.

  • Extended Child Care Leave Upon written notification, no later than four weeks prior to the expiration of the aggregate leave taken pursuant to Clauses 21.1 (Maternity Leave) and 21.2 (Parental Leave), an employee will be granted a further unpaid leave of absence not to exceed one year. An employee wishing continued coverage under any applicable benefit plans will pay the total premium costs while on extended child care leave. An employee on extended child care leave will provide the Employer with at least one month's written notice of return from such leave. Upon return from extended child care leave, an employee will be placed in their former position.

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  • Special Parental Allowance for Totally Disabled Employees (a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 17.05(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 17.05(a), other than those specified in sections (A) and (B) of subparagraph 17.05(a)(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act. (b) An employee shall be paid an allowance under this clause and under clause 17.05 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

  • Catastrophic Leave Program Leave credits, as defined below, may be transferred from one (1) or more employees to another employee, on an hour-for-hour basis, in accordance with departmental policies upon the request of both the receiving employee and the transferring employee and upon approval of the employee's appointing authority, under the following conditions: A. The receiving employee is required to be absent from work due to injury or the prolonged illness of the employee, employee's spouse, registered domestic partner, a domestic partner listed on an “Affidavit for Enrollment of Domestic Partners,” submitted to employee benefits, parent or child, has exhausted all earned leave credits, including but not limited to sick leave, compensatory time, holiday credits and disability leave and is therefore facing financial hardship. B. The transfers must be for a minimum of four (4) hours and in whole hour increments thereafter. C. Transfers shall be allowed to cross-departmental lines in accordance with the policies of the receiving department. D. The total maximum leave credits received by an employee shall normally not exceed five hundred twenty (520) hours; however, if approved by his/her appointing authority, the total leave credits may be up to one thousand forty (1,040) hours. Total leave credits in excess of one thousand forty (1,040) hours will be considered on a case-by-case basis by the appointing authority subject to the approval of the Chief Administrative Officer. E. The transfers are irrevocable, and will be indistinguishable from other leave credits belonging to the receiving employee. Transfers will be subject to all taxes required by law. F. Leave credits that may be transferred under this program are defined as the transferring employee’s vacation credits or up to twenty-four (24) hours of sick leave per fiscal year. G. Transfers shall be administered according to the rules and regulations of the Auditor and Controller, and made on a form prescribed by the Auditor and Controller. Approvals of the receiving and donating employee, the donating employee's appointing authority and the receiving employee's appointing authority (in the case of an interdepartmental transfer) will be provided for on such form. H. This program is not subject to the Grievance Procedure of this Agreement.

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  • Child Care Leave The Employer shall, upon her request, grant an employee: (i) Who is the natural parent of a newborn or unborn child, or (ii) Who is adopting or has adopted a child, a leave of absence without pay of thirty-seven (37) consecutive weeks or such a shorter period as the employee requests so as to enable the employee to care for the child An employee who is or will be a natural parent intending to take this childcare leave shall (iii) Provide the Employer with a medical doctor’s certificate specifying the probable date of delivery or the date upon which the birth has occurred and, (iv) In absence of an emergency, give four (4) weeks written notice to the Employer of the commencement date and duration of the leave. An employee who is a parent of the newborn, other than the birth mother, shall be granted three (3) days leave without loss of pay within a reasonable period of time surrounding the occasion of the birth of the child. While on child care leave, an employee shall retain her full employment status and continue to accumulate seniority. An employee who is an adoptive parent intending to take this leave shall: (v) Provide the Employer with the proof that a child has been or will be placed with the employee for the purpose of adoption, (vi) Notify the Employer of the commencement date and duration of the leave on being made aware of the date of placement with the employee for adoption, and (vii) In the absence of an emergency, give four (4) months notice to the Employer before the anticipated day on which a child will come into the employees care and custody in the case of private adoption or upon approval in accordance with the Family Services Act as a prospective adopting parent. Where a natural mother intends to take a child care leave in addition to a maternity leave, except if the newborn is hospitalized when an employee’s maternity leave expires, the employee is required to commence the child care leave immediately on expiration of the maternity leave unless the Employer and the employee otherwise agree. The child care leave may be taken by either natural or adoptive parents. Where both parents are employees it may be shared by the child’s parent’s but the leave is only thirty-seven (37) weeks in TOTAL, regardless of how it is divided, and it must be taken in a consecutive manner. The combined maternity leave of seventeen (17) weeks and child care leave thirty-seven (37) weeks taken by one or both parents cannot total more than fifty-two (52) weeks after that date. Child care leave shall begin not earlier than the date on which the newborn or adopted child came into the care and custody of the employee and end not later than fifty-two (52) weeks after that date.

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