Limitations on Benefits. It is the explicit intention of Purchaser and Seller that no person or entity other than Purchaser and Seller and their permitted successors and assigns is or shall be entitled to bring any action to enforce any provision of this Agreement against any of the parties hereto, and the covenants, undertakings and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, Purchaser and Seller or their respective successors and assigns as permitted hereunder. Nothing contained in this Agreement shall under any circumstances whatsoever be deemed or construed, or be interpreted, as making any third party (including, without limitation, Broker or any Tenant) a beneficiary of any term or provision of this Agreement or any instrument or document delivered pursuant hereto, and Purchaser and Seller expressly reject any such intent, construction or interpretation of this Agreement.
Limitations on Benefits. It is the explicit intention of Purchaser and Seller that no person or entity other than Purchaser, Seller and Seller’s Affiliates and their permitted successors and assigns is or shall be entitled to bring any action to enforce any provision of this Agreement against any of the parties hereto, and the covenants, undertakings and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, Purchaser, Seller and Seller’s Affiliates or their respective successors and assigns as permitted hereunder. Except as set forth in this Section 18.12, nothing contained in this Agreement shall under any circumstances whatsoever be deemed or construed, or be interpreted, as making any third party (including, without limitation, Broker) a beneficiary of any term or provision of this Agreement or any instrument or document delivered pursuant hereto, and Purchaser and Seller expressly reject any such intent, construction or interpretation of this Agreement.
Limitations on Benefits. 1. Remission is only available for graded courses.
2. Employees, spouses, domestic partners and dependents, classified as out-of-state residents for tuition purposes, shall pay a per credit hour fee subject to change each year, for courses at all levels, unless enrolled in an academic program covered by a reciprocity agreement with the state in which he/she resides.
3. For spouses, domestic partners, and dependents, the maximum number of attempted credits, as defined by the registrar, at the undergraduate level to which full tuition remission benefits may be applied is 144 semester credit hours, except that in cases where the minimum number of credit hours required to complete a program is larger than 144 semester credit hours, that required number of credit hours shall be covered by tuition remission.
4. Tuition remission benefits for spouses, domestic partners and dependents shall not apply for specific programs for the colleges of law (JD), medicine (MD and MS in physiology) and pharmacy (PharmD). Spouses, domestic partners and dependents who are admitted and enrolled in the specified programs in the colleges of law, medicine or pharmacy by the last day of the spring 2009 term are not subject to the provisions in this paragraph.
Limitations on Benefits. Coverage Amounts for a particular benefit may only be paid for expenses incurred during the Period of Coverage elected for such benefit and only from contributions made for such benefit during such Period of Coverage. In the case of insured benefits, expenses shall be considered incurred during the period of insurance coverage, and not when the Member is formally billed, charged for or pays the expenses.
Limitations on Benefits. Notwithstanding anything contained herein to the contrary:
(i) Neither: (A) the pension benefits accrued or payable to any player or beneficiary for a Plan Year nor (B) the New Monthly Benefit for a Plan Year shall exceed the maximum benefit amount permitted under the Code (and the regulations issued thereunder) as in effect for that Plan Year (as adjusted in accordance with the actuarial factors specified in the Pension Plan and as in effect on the date that the benefit accrues or commences (or is paid) or for the Plan Year for which the New Monthly Benefit is determined), as such maximum benefit amount may be adjusted for future increases in the cost-of-living in the manner provided under Section 415(d)(2) of the Code.
(ii) Neither the pension benefits accrued nor payable to any player or beneficiary for a Plan Year shall exceed the maximum benefit amount permitted under the Code (and the regulations issued thereunder), as in effect as of the effective date of this Agreement, as adjusted in accordance with the actuarial factors specified in the Pension Plan, and as may be adjusted for future increases in the cost-of-living in the manner prescribed by Section 415(d)(2) of the Code.
(iii) If all or any portion of the actuarially-determined annual contributions to be made to the Pension Plan would not be fully deductible under the Code when paid to the Pension Plan, the New Monthly Benefit shall not exceed the amount which would result in all of such contributions being fully- deductible when paid. In the event that any such contribution or portion thereof is not fully deductible when paid, the NBA and the Players Association agree to bargain in good faith with respect to an alternative arrangement to be provided by the NBA Teams to the players. The costs of any such alternative arrangement shall be at an annual cost (as determined on an after-tax basis) to the NBA Teams substantially equal to but no greater than the annual accrual cost that such Teams would have incurred under the Pension Plan to fund the amount by which the New Monthly Benefit is reduced pursuant to this Section 1(a)(4)(iii). If despite good faith negotiations, the NBA and the Players Association fail to agree with respect to an alternative arrangement as described above, such failure to agree shall not create any right: (A) to unilaterally implement during the term of this Agreement any terms concerning the provision of pension benefits to the players; (B) to lockout; or
Limitations on Benefits. 2.7.1 If Nalco does deem it appropriate to insure all or any part of its obligation, in accordance with Section 2.6.2 Nalco will so notify the Executive. The Executive agrees to take whatever actions may be necessary to enable Nalco to timely apply for and acquire such insurance and to fulfill the requirements of the insurance company relative to the insurance thereof.
2.7.2 If the Executive is required by this Agreement to submit information to the insurance company and if the Executive has made a material misrepresentation in an application for any insurance that is used to insure its obligations under this Agreement, and if as a result of that material misrepresentation the insurance company is not required to pay all or any part of the benefit provided under that insurance, the Executive's right to a benefit under this Agreement will be reduced by the amount of the benefit that is not paid by the insurance company because of such material misrepresentation.
2.7.3 No benefit will be payable under this Agreement if the Executive dies by suicide within two years after the effective date of this Agreement. No increase in the amount of any benefit provided in this Agreement will be payable under this Agreement if the Executive dies by suicide within two years after the effective date of such increase.
Limitations on Benefits. (a) It is the intention of the Executive and of the Corporation that no payments by the Corporation to or for the benefit of the Executive under this Agreement or any other agreement or plan pursuant to which he is entitled to receive payments or benefits shall be non-deductible to the Corporation by reason of the operation of Section 280G of the Code relating to parachute payments. Accordingly, and notwithstanding any other provision of this Agreement or any such agreement or plan, if by reason of the operation of said Section 280G, any such payments exceed the amount which can be deducted by the Corporation, such payments shall be reduced to the maximum amount which can be deducted by the Corporation. To the extent that payments exceeding such maximum deductible amount have been made to or for the benefit of the Executive, such excess payments shall be refunded to the Corporation with interest thereon at the applicable Federal Rate determined under Section 1274(d) of the Code, compounded annually, or at such other rate as may be required in order that no such payments shall be non-deductible to the Corporation by reason of the operation of said Section 280G. To the extent that there is more than one method of reducing the payments to bring them within the limitations of said Section 280G, the Executive shall determine which method shall be followed, provided that if the Executive fails to make such determination within forty- five (45) days after the Corporation has sent him written notice of the need for such reduction, the Corporation may determine the method of such reduction in its sole discretion.
(b) If any dispute between the Corporation and the Executive as to any of the amounts to be determined under this Section 5(a), or the method of calculating such amounts, cannot be resolved by the Corporation and the Executive, either party after giving three (3) days written notice to the other, may refer the dispute to a partner in the Boston office of a firm of independent certified public accountants ("Partner") selected jointly by the Corporation and the Executive. The determination of such Partner as to the amount to be determined under this Section 5(a) and the method of calculating such amounts shall be final and binding on both the Corporation and the Executive. The Corporation shall bear the costs of any such determination.
Limitations on Benefits. If a Limitation Year contains any portion of a Plan Year for which the Plan is a Top-Heavy Plan, then, for purposes of the computation of the Defined Benefit Plan Fraction and the Defined Contribution Plan Fraction under Article 5, “1.0” shall be substituted for “1.25”; provided however, any limitation which results from the application of this sentence may be exceeded so long as there are no Defined Benefit Plan accruals for the individual and no employer contributions, forfeitures, or voluntary nondeductible contributions allocated to the individual; and provided further, this sentence shall not apply if the sum of the Key Employees’ benefits from all Defined Benefit Plans and Defined Contribution Plans does not exceed 90 percent of the total of all Participants’ benefits and if the Plan would satisfy the requirements of Section 14.3 if “4%” were substituted for “3%” and “7½%” were substituted for “5%”.
Limitations on Benefits. 1. Remission is only available for graded courses.
2. Employees, spouses, domestic partners and dependents, classified as out-of- state residents for tuition purposes, shall pay a per credit hour fee, to be determined annually for courses at all levels, unless enrolled in an academic program covered by a reciprocity agreement with the state in which he/she resides.
3. For spouses, domestic partners, and dependents, the maximum number of attempted credits, as defined by the registrar, at the undergraduate level to which full tuition remission benefits may be applied is 144 semester hours, except that in cases where the minimum number of credit hours required to complete a program is larger than 144 semester hours, that required number of credit hours shall be covered by tuition remission.
4. Effective autumn term 2008, tuition remission benefits for spouses, domestic partners and dependent for specific programs for the colleges of law (JD), medicine (MD and MS in physiology) and pharmacy (PharmD) shall be at fifty per cent of the full tuition rate. Effective autumn term 2009, tuition remission benefits for spouses, domestic partners and dependents shall not apply for specific programs for the colleges of law (JD), medicine (MD and MS in physiology) and pharmacy (PharmD). Spouses, domestic partners and dependents who are admitted and enrolled in the specified programs in the colleges of law, medicine or pharmacy by the last day of the spring 2008 term are not subject to the provisions in this paragraph.
Limitations on Benefits. 1. Remission is only available for graded courses for spouses, domestic partners and dependents of employees.
2. Tuition remission benefits for specific programs for the colleges of law (jd), medicine (md and ms in physiology), and pharmacy (pharmd) are not available for the spouses, domestic partners, and dependents of employees. However, effective fall term 2020, tuition remission benefits for specific programs in the college of law (jd) will be eligible for tuition remission for the spouses, domestic partners, and dependents of employees.
