Individual Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if the rights or obligations of any party hereto under this Agreement will not be materially and adversely affected thereby, (i) such provision will be fully severable, (ii) this Agreement will be construed and enforced as if such illegal, invalid and unenforceable provision had never comprised a part hereof, (iii) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the legal, invalid or unenforceable provision, and (iv) there will be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.
Individual Provisions. Any provisions applicable to the adopting Employer only should be inserted here (if none, write the word "none"):
Individual Provisions. (1) In accordance with sections 24(1) and 23(1) German Ordinance on Driver’s Licenses, Local National employees who have been hired as motor vehicle operators and who require a driver’s license for vehicle classes D1/D1E or D/DE must undergo a medical examination every five years to provide proof that they have no diseases that exclude their suitability or conditional suitability for receiving a driver’s license renewal. Once they have completed 50 years of age, motor vehicle operators who are required to have a driver’s license for vehicle classes C1/C or C1E/CE for their driving duties must undergo a medical examination every five years to prove that they have no diseases that exclude their suitability or conditional suitability for receiving a driver’s license renewal. Employees in maintenance shops whose duties include the inspection of vehicles that require one of the driver’s licenses listed above are considered equivalent to motor vehicle operators.
(2) Medical examinations and driver’s license renewals for motor vehicle operators are subject to costs. Possession of a valid driver’s license is an absolute prerequisite for employment as motor vehicle operator with the U.S. Forces. It is the responsibility of the Local National employees to ensure that they are in possession of a valid driver’s license in accordance with the provisions applicable in Germany (German Ordinance on Driver’s Licenses).
(3) In this context, the employer, as a voluntary benefit, will only bear the costs for those medical examinations required for a driver’s license renewal for employees hired as motor vehicle operators for the vehicle classes listed above. However, the employer will only bear those costs if the medical examinations will be performed by the medical contractor of the U.S. Forces.
(4) All other costs incurred in connection with a driver’s license renewal must be borne by the employee.
Individual Provisions. 26 13.5. Press Releases......................................................................
Individual Provisions. A. By April 15, 2021, after providing proper written notice to the Student’s parent/guardian, a group of knowledgeable persons, including the parent/guardian, will meet. This meeting will review the accommodations/services/supports in the Student’s Section 504 Plan and related services as described in Appendix A. This meeting will include determining whether there are ways in which the Student could make up assignments or tests to improve his grade for those specific classes referenced in Appendix A, or the necessity of compensatory and/or remedial educational services for the Student (herein “agreed action”). The District meeting participants, after carefully considering information from a variety of sources including the parent/guardian, will reach a determination, and within one week of that determination, the group will develop a plan for providing any “agreed action” that is part of this determination with a completion date not to extend beyond June 30, 2021. The District will provide the Student’s parent/guardian notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing.
Individual Provisions. A. By February 12, 2016, the District will establish and fund an account for the benefit of the Student (Student Account) to provide the Student with psychological services (e.g., counseling). The amount of the Student Account will be $660, based on five and a half hours of counseling services at a rate of $120 per hour. Funds in this Student Account will be available for services for the Student until the fund total of $660 have been depleted, or until six calendar months have elapsed since the date the Student Account was created, whichever comes earlier. The District intends to seek reimbursement from Xxxxxxx Children’s Services for all funds placed in the Student Account, but will be liable for the $660, whether or not Xxxxxxx reimburses the District.
B. OCR and the District understand that OCR will monitor the process of the Student receiving psychological services during the six calendar month period starting when the Student Account was created, or until the Student Account funds have been depleted, whichever comes earlier.
C. The District will designate its Coordinator of Student Services as the Student Account District Liaison (District Liaison), who will be responsible for communicating with the Complainant, and for ensuring that the District’s obligations under this Agreement are met.
D. The Complainant may either: 1) choose the appropriate service provider and notify the District Liaison of the contact information and qualifications through provision of a resume or CV, or 2) request a list of appropriate services providers from the District for the area in which the Student is residing.
E. The Complainant may either submit invoices to the District Liaison for timely payment by the District, or request that the providers invoice the District Liaison identified in I.C. for direct District payment.
Individual Provisions. A. Within 30 calendar days of the date that this agreement is signed, after providing proper written notice to the Student’s parent/guardian, a group of knowledgeable persons, including the parent/guardian, will determine whether the Student needs compensatory and/or remedial services as a result of any District’s failure to provide appropriate regular and/or special education or related services from March XX, 2018 through December XX, 2018 as described in Appendix A, attached to and incorporated into this Agreement. If so, within one week of its determination, the group will develop a plan for providing timely compensatory and/or remedial services with a completion date not to extend beyond June 30, 2020 to provide the services after the date the group makes the determination. The District will provide the Student’s parent/guardian notice of the procedural safeguards including the right to challenge the group’s determination through an impartial hearing.
Individual Provisions. Any provisions applicable to the adopting Employer only and not otherwise provided for in the Plan and Adoption Agreement shall be inserted in the Adoption Agreement applicable to such adopting Employer.
Individual Provisions. Any provisions applicable to the adopting Employer only should be inserted here (if none, write the word "none"):
(A) EMPLOYER AMENDMENT OF PLAN AND/OR TRUST. ANY EMPLOYER AMENDMENT OF THE PLAN AND/OR TRUST PERMITTED BY SECTION 15.1 OF THE PLAN AND TRUST AGREEMENT SHALL BE EFFECTED BY RESOLUTION OF THE EMPLOYER'S BOARD OF DIRECTORS ADOPTED AT A DULY HELD MEETING OF SAID BOARD OR BY UNANIMOUS WRITTEN CONSENT OF SAID BOARD, IF THE EMPLOYER IS INCORPORATED AND OTHERWISE BY APPROPRIATE WRITTEN ACTION OF EMPLOYER'S OWNER OR OTHER GOVERNING ENTITY UNDER STATE LAW. A CERTIFIED COPY OF SUCH RESOLUTIONS OR OTHER WRITTEN ACTION SHALL BE DELIVERED TO THE ADMINISTRATIVE COMMITTEE AND THE TRUSTEE.
(B) TERMINATION OR PARTIAL TERMINATION OF PLAN AND/OR TRUST. TERMINATION OR PARTIAL TERMINATION OF THE PLAN AND/OR TRUST UNDER ARTICLE XVI OF THE PLAN AND TRUST AGREEMENT SHALL BE EFFECTED BY RESOLUTION OF THE EMPLOYER'S BOARD OF DIRECTORS ADOPTED AT A DULY HELD MEETING OF SAID BOARD OR BY UNANIMOUS WRITTEN CONSENT OF SAID BOARD, IF SUCH EMPLOYER IS INCORPORATED AND OTHERWISE BY APPROPRIATE WRITTEN ACTION OF THE EMPLOYER'S OWNER OR OTHER GOVERNING ENTITY UNDER STATE LAW. A CERTIFIED COPY OF SUCH RESOLUTIONS OR OTHER WRITTEN ACTION SHALL BE DELIVERED TO THE ADMINISTRATIVE COMMITTEE AND THE TRUSTEE.
(C) SMALL BUSINESS JOB PROTECTION ACT OF 1996 AND TAXPAYER RELIEF ACT OF 1997 CHANGES.
(1) DEFINITION OF HIGHLY COMPENSATED EMPLOYEE. NOTWITHSTANDING SECTION 1.38 OF THE PLAN, EFFECTIVE FOR PLAN YEARS BEGINNING ON AND AFTER JANUARY 1, 1997, "HIGHLY COMPENSATED EMPLOYEE" SHALL MEAN ANY EMPLOYEE OF THE EMPLOYER WHO:
(a) WAS A FIVE PERCENT OWNER (WITHIN THE MEANING OF SECTION 414(Q)(2) OF THE CODE) OF THE EMPLOYER AT ANY TIME DURING THE DETERMINATION YEAR OR THE LOOK BACK YEAR; OR
(b) FOR THE PRECEDING PLAN YEAR:
(i) HAD COMPENSATION FROM THE EMPLOYER IN EXCESS OF $80,000 (AS ADJUSTED IN ACCORDANCE WITH SECTION 414(Q)(1) OF THE CODE);
(ii) IF THE EMPLOYER ELECTS THE APPLICATION OF THIS SECTION 18.18(C)(2)(B) FOR SUCH LOOK BACK YEAR, WAS A MEMBER OF THE TOP-PAID GROUP FOR SUCH LOOK BACK YEAR. ANY CALENDAR YEAR ELECTION SHALL BE MADE IN ACCORDANCE WITH NOTICE 97-45.
(2) RESTRICTIONS ON MANDATORY DISTRIBUTIONS. SECTIONS 7.1, 7.3, 7.4, 7.5, 7.6 AND 7.7 OF THE PLAN ARE AMENDED BY STRIKING $3,500 EACH PLACE IT APPEARS IN SAID SECTIONS AND INSERTING $5,000.
(D) UNPAID FAMILY AND MEDICAL LEAVE ACT OF 1993. NOTWITHSTANDING ANY PROVISION IN THE PLAN TO THE CONTRARY, AND EFFECTIVE WITH RESPECT TO...
Individual Provisions. If any provision of this Contract becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Contract shall continue in full force and effect without said provisions; provided, however, that no such severability shall be effective if it materially changes the economic benefit of this Contract to any party.
