MIXED FUNCTIONS An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.
Commercially Useful Function A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of XXXX. XXXX’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.
Registry Functions Activity Report This report shall be compiled in a comma separated-value formatted file as specified in RFC 4180. The file shall be named “gTLD-activity-yyyymm.csv”, where “gTLD” is the gTLD name; in case of an IDN-TLD, the A-label shall be used; “yyyymm” is the year and month being reported. The file shall contain the following fields: 01 operational-registrars number of operational registrars at the end of the reporting period 02 ramp-up-registrars number of registrars that have received a password for access to OT&E at the end of the reporting period 03 pre-ramp-up-registrars number of registrars that have requested access, but have not yet entered the ramp-up period at the end of the reporting period 06 web-whois-queries number of Web-based Whois queries responded during the reporting period, not including searchable Whois 09 dns-udp-queries-responded number of DNS queries received over UDP transport that were responded during the reporting period 10 dns-tcp-queries-received number of DNS queries received over TCP transport during the reporting period 11 dns-tcp-queries-responded number of DNS queries received over TCP transport that were responded during the reporting period 12 srs-dom-check number of SRS (EPP and any other interface) domain name “check” requests responded during the reporting period 13 srs-dom-create number of SRS (EPP and any other interface) domain name “create” requests responded during the reporting period 14 srs-dom-delete number of SRS (EPP and any other interface) domain name “delete” requests responded during the reporting period 15 srs-dom-info number of SRS (EPP and any other interface) domain name “info” requests responded during the reporting period 16 srs-dom-renew number of SRS (EPP and any other interface) domain name “renew” requests responded during the reporting period 17 srs-dom-rgp-restore-report number of SRS (EPP and any other interface) domain name RGP “restore” requests delivering a restore report responded during the reporting period 18 srs-dom-rgp-restore-request number of SRS (EPP and any other interface) domain name RGP “restore” requests responded during the reporting period 19 srs-dom-transfer-approve number of SRS (EPP and any other interface) domain name “transfer” requests to approve transfers responded during the reporting period 20 srs-dom-transfer-cancel number of SRS (EPP and any other interface) domain name “transfer” requests to cancel transfers responded during the reporting period 21 srs-dom-transfer-query number of SRS (EPP and any other interface) domain name “transfer” requests to query about a transfer responded during the reporting period 22 srs-dom-transfer-reject number of SRS (EPP and any other interface) domain name “transfer” requests to reject transfers responded during the reporting period 23 srs-dom-transfer-request number of SRS (EPP and any other interface) domain name “transfer” requests to request transfers responded during the reporting period 24 srs-dom-update number of SRS (EPP and any other interface) domain name “update” requests (not including RGP restore requests) responded during the reporting period 25 srs-host-check number of SRS (EPP and any other interface) host “check” requests responded during the reporting period 26 srs-host-create number of SRS (EPP and any other interface) host “create” requests responded during the reporting period 27 srs-host-delete number of SRS (EPP and any other interface) host “delete” requests responded during the reporting period 28 srs-host-info number of SRS (EPP and any other interface) host “info” requests responded during the reporting period 29 srs-host-update number of SRS (EPP and any other interface) host “update” requests responded during the reporting period 30 srs-cont-check number of SRS (EPP and any other interface) contact “check” requests responded during the reporting period 32 srs-cont-delete number of SRS (EPP and any other interface) contact “delete” requests responded during the reporting period 33 srs-cont-info number of SRS (EPP and any other interface) contact “info” requests responded during the reporting period 34 srs-cont-transfer-approve number of SRS (EPP and any other interface) contact “transfer” requests to approve transfers responded during the reporting period 35 srs-cont-transfer-cancel number of SRS (EPP and any other interface) contact “transfer” requests to cancel transfers responded during the reporting period 36 srs-cont-transfer-query number of SRS (EPP and any other interface) contact “transfer” requests to query about a transfer responded during the reporting period 37 srs-cont-transfer-reject number of SRS (EPP and any other interface) contact “transfer” requests to reject transfers responded during the reporting period 38 srs-cont-transfer-request number of SRS (EPP and any other interface) contact “transfer” requests to request transfers responded during the reporting period 39 srs-cont-update number of SRS (EPP and any other interface) contact “update” requests responded during the reporting period The first line shall include the field names exactly as described in the table above as a “header line” as described in section 2 of RFC 4180. No other lines besides the ones described above shall be included. Line breaks shall be <U+000D, U+000A> as described in RFC 4180. For gTLDs that are part of a single-instance Shared Registry System, the Registry Functions Activity Report may include the total contact or host transactions for all the gTLDs in the system. REGISTRATION DATA PUBLICATION SERVICES
Additional Functions Upon receipt of Proper Instructions, the Custodian shall take all such other actions as specified in such Proper Instructions and as shall be reasonable or necessary with respect to Repurchase Agreement transactions and the Securities and funds transferred and received pursuant to such transactions, including, without limitation, all such actions as shall be prescribed in the event of a default under a Repurchase Agreement.
Performance of Government Functions Nothing contained in this contract shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.
No Conflict; Government Consent Neither the execution and delivery by the Borrower of the Loan Documents, nor the consummation of the transactions therein contemplated, nor compliance with the provisions thereof will violate, except to the extent that such violation, alone or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (i) any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Borrower or any of its Subsidiaries or (ii) the Borrower’s or any Subsidiary’s articles or certificate of incorporation, partnership agreement, certificate of partnership, articles or certificate of organization, bylaws, or operating or other management agreement, as the case may be, or (iii) the provisions of any indenture, instrument or agreement to which the Borrower or any of its Subsidiaries is a party or is subject, or by which it, or its Property, is bound, or conflict with or constitute a default thereunder, or result in, or require, the creation or imposition of any Lien in, of or on the Property of the Borrower or a Subsidiary pursuant to the terms of any such indenture, instrument or agreement. No order, consent, adjudication, approval, license, authorization, or validation of, or filing, recording or registration with, or exemption by, or other action in respect of any governmental or public body or authority, or any subdivision thereof, which has not been obtained by the Borrower or any of its Subsidiaries, is required to be obtained by the Borrower or any of its Subsidiaries in connection with the execution and delivery of the Loan Documents, the borrowings under this Agreement, the payment and performance by the Borrower of the Obligations or the legality, validity, binding effect or enforceability of any of the Loan Documents.
No Conflict; Governmental Consents (a) The execution and delivery by the Company of this Agreement and the Transaction Documents, the issuance and sale of the Securities (including, when issued, the Shares) and the consummation of the other transactions contemplated hereby or thereby do not and will not (i) result in the violation of any law, statute, rule, regulation, order, writ, injunction, judgment or decree of any court or governmental authority to or by which the Company is bound including without limitation all foreign, federal, state and local laws applicable to its business and all such laws that affect the environment, except in each case as could not have or reasonably be expected to result in a Material Adverse Effect, (ii) conflict with or violate any provision of the Company’s Articles of Incorporation (the “Articles”), as amended or the Bylaws, (and collectively with the Articles, the “Charter Documents”) of the Company, and (iii) conflict with, or result in a material breach or violation of, any of the terms or provisions of, or constitute (with or without due notice or lapse of time or both) a default or give to others any rights of termination, amendment, acceleration or cancellation (with or without due notice, lapse of time or both) under any agreement, credit facility, lease, loan agreement, mortgage, security agreement, trust indenture or other agreement or instrument to which the Company or any Subsidiary is a party or by which any of them is bound or to which any of their respective properties or assets is subject, nor result in the creation or imposition of any Encumbrances upon any of the properties or assets of the Company or any Subsidiary. (b) No approval by the holders of Common Stock, or other equity securities of the Company is required to be obtained by the Company in connection with the authorization, execution, delivery and performance of this Agreement and the other Transaction Documents or in connection with the authorization, issue and sale of the Securities and, upon issuance, the Shares, except as has been previously obtained. (c) No consent, approval, authorization or other order of any governmental authority or any other person is required to be obtained by the Company in connection with the authorization, execution, delivery and performance of this Agreement and the other Transaction Documents or in connection with the authorization, issue and sale of the Securities and, upon issuance, the Shares, except such post-sale filings as may be required to be made with the SEC, FINRA and with any state or foreign blue sky or securities regulatory authority, all of which shall be made when required.
Lobbying Activities - Standard Form - LLL No response Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part 200 or Federal Provision - Xxxx Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location.
Anti-Money Laundering and Identity Theft Prevention Related Duties Subject to the terms and conditions set forth herein, the Trust hereby delegates to the Transfer Agent the Delegated Anti-Money Laundering Duties and, where applicable, the Delegated Identity Theft Prevention Duties that are set forth in the Trust’s Anti-Money Laundering (“AML”) Program and Identity Theft Prevention Program (“IDTPP”) as described below. The Transfer Agent agrees to perform the Delegated Anti-Money Laundering Duties and the Delegated Identity Theft Prevention Duties, with respect to ownership of shares in the Fund for which the Transfer Agent maintains the applicable information subject to and in accordance with the terms and conditions of the Contract.
Actions Before Governmental Authorities There are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, that is reasonably expected to result in a Material Adverse Effect.
