MOTION TO Sample Clauses

MOTION TO. Approve the 3 Year Municipal Fire Protection Agreement, Automatic Aid Agreement, Mutual Aid Agreement, FEMA Disaster Services Agreement, and Business Associate Agreement between the Town of Fuquay-Varina and Wake County as recommended and presented subject to Town Attorney reviewas to form.
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MOTION TO. Approve the development agreement between the Town of Fuquay-Varina and MVP Properties, LLC for the construction of the Academy Village Mixed-Use Development Project, as reviewed and recommended by the Town Attorney with Town Management as presented and recommended and subject to rezoning and annexation approval.
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MOTION TO. Approve the System Development Fee Settlement Agreement and Budget Amendment (BA-24-08), as presented and recommended.
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MOTION TO. Approve the proposed Developer Construction Agreement between FV Retail, LLC and the Town of Fuquay-Varina, as presented and recommended.
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MOTION TO. Authorize the Town Manager to execute an Infrastructure Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC, as presented and recommended.
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MOTION TO. Authorize the Town Manager to execute the Water Supply Agreement with the City of Raleigh as presented and recommended subject to reviewof the Town Attorney.
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MOTION TO. Dismiss the Assault Charge The court incorrectly denied the motion to dismiss the assault charge on the ground that Xxxxx did not intend to cause injury to Officer Xxxx. The issue is whether one must have the intent to perform a certain objective in order to be guilty of assault. Assault is a specific intent crime which means that one must have the intent to perform a certain objective in order to be guilty, rather than just the intent to commit the act required under the general intent crimes. In addition, in order to be found guilty of assault under this statute, Xxxxx needs to have had the intent to prevent a police officer from performing a lawful duty. Here, Xxxxx clearly had the intent required by the statute of preventing Officer Xxxx from arresting her – a duty he is lawfully able to do. However, Xxxxx did not have the specific intent to commit an assault. Assault is the apprehension of immediate bodily contact, or an attempted battery, under New York Penal Law. Here, Xxxxx did not intend to create apprehension on the part of Officer Xxxx, nor did she intend to commit a battery. Instead, Xxxxx’ s hand inadvertently flew up and caused the handcuff to hit Officer Xxxx. Xxxxx did not have the objective of hitting or creating an apprehension of battery. Thus, Xxxxx cannot be guilty of assault, and the court incorrectly denied the motion dismissing the assault charge against her.
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MOTION TO. Xxxxx the requested easement to Ting Fiber, LLC, as presented and recommended, and authorize the Town Manager to execute the easement document on behalf of the Town, subject to the Town Attorney reviewto form.
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Related to MOTION TO

  • Court Duty Section 1. After due notice to the EMPLOYER, employees subpoenaed to serve as a witness in cases arising from or during the performance of their official duties, or called and selected for jury duty, shall be allowed their regular compensation at their current base pay rate for the period the court duty requires their absence from work duty, plus any expenses paid by the court. Such employees, so compensated, shall not be eligible to retain jury duty pay or witness fees and shall turn any such pay or fees received over to the EMPLOYER. If an employee is excused from jury duty prior to the end of his/her work shift, he/she shall return to work as directed by the EMPLOYER or make arrangement for a leave of absence. Section 2. Any absence, whether voluntary or by legal order to appear or testify in private litigation, not in the status of an employee but as a plaintiff or defendant, shall not qualify for leave under this Article and shall be charged against accumulated leave or be without pay.

  • See Your Right to Reject Arbitration For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims;

  • Waiver of Jury Trial and Class Action Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity.

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

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