Necessary. MPD will have policies and procedures and train officers to use the lowest level of force needed to provide for the safety of any person or MPD employee, stop an attack, make an arrest, bring a person or situation safely under control, or prevent escape. MPD will hold officers accountable for compliance with these policies and procedures. In some circumstances, disengagement without force is the reasonable course if consistent with public safety. MPD will require that officers continually assess the necessity of the use of force and whether alternatives may be employed, including:
i. the use of de-escalation techniques; and
ii. the availability of other resources, including the number of officers present at the time, crisis intervention resources, or other resources to de-escalate the situation.
Necessary. Necessary to carry out the Project and in accordance with Cost Principles, 2 CFR Part 200, Subpart E.
Necessary. DE has all requisite power and authority to (i) execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby and (ii) to own or lease and operate its properties and assets, and carry on its business as it is presently being conducted.
Necessary. The parties shall reasonably cooperate with respect to any amendments to this Agreement to reflect such amendment or interpretation.
Necessary. Necessary to carry out the Project.
Necessary. As the lead agency the CTU will consider initiating their powers as a first option. However, in the following more exceptional circumstances, where the time taken to achieve a Section 77/78, or other lawful methods of eviction, would result in disproportionate harm, the Police may be requested by the CTU, or choose themselves, to consider using their powers under Section 61:
(i) Unauthorised encampments on any public park or other open spaces;
(a) that are recognised as locally important landscaped areas that are used extensively by residents and visitors.
(b) that include or are in close proximity to a children’s play area
(c) the unlawful use of which would affect its use as a local amenity e.g. football or cricket pitches.
(d) where there is significant public amenity/children’s recreational use, to which local residents are entitled to have access.
(e) where public sports facilities are provided and may be unavailable if an encampment is present.
(f) where access to an encampment involves driving on footpaths, which are regularly used by children walking to and from schools and is, therefore, inherently dangerous.
(g) where there is specialist housing provision in the immediate proximity, in which residents are elderly or disabled.
(h) where commercial or social activities such as hotels, clubs or sports facilities are in immediate proximity and have been routinely affected by the presence of an encampment.
(i) where the site contains areas defined on the Northampton Local Plan as being of Acknowledged Nature Conservation Value.
(j) AND, for any of the above, there is evidence, which may include complaints, of nuisance and/or anti-social behaviour affecting the locality of the encampment and there are reasonable grounds to believe that they are caused by persons residing on, or associated with, the encampment.
(ii) Where the physical presence of vehicles is seriously disrupting the operation of a business.
(iii) Where damage has been done to security measures intended to prevent unlawful access to the site AND where there is evidence, which may include complaints, of nuisance and/or anti-social behaviour affecting the locality of the encampment and there are reasonable grounds to believe that they are caused by persons residing on, or associated with, the encampment.
(iv) Where there is evidence of offences and/or anti-social behaviour affecting the locality of the encampment AND where there are reasonable grounds to suspect they are caused by persons ...
Necessary. The term "Underwriter" as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Shares.
Necessary. In accordance therewith, Borrower hereby assigns, transfers and sets over to Bank all sums to be advanced hereunder, including retainage, for completion of the Improvements; and
Necessary. All licences (including statutory licences), registrations, consents, authorisations, permits, orders, authorities, certificates and approvals (in this paragraph 8, “Licences”) necessary for the lawful carrying on of the business and operations of the MGT/IST Companies in the manner and in the places in which such business and operations are currently carried:
Necessary. Any expenses for registering such mark xx constituting such member of the Rockwell Collxxx Xxxup or the Rockwell Science Center Group, as the case may be, as a registered user in any country shall be borne by Rockwell Collxxx xx Rockwell Science Center, as the case may be. Any registration of such member of the Rockwell Collxxx Xxxup or the Rockwell Science Center Group, as the case may be, as a registered user of any mark xxxeunder shall be expunged on termination of the period of permitted use under this Agreement or upon a breach or threatened breach by any member of the Rockwell Collxxx Xxxup or the Rockwell Science Center Group, as the case may be, of the terms of this Section 3.10 and Rockwell Collxxx xx Rockwell Science Center, as the case may be, will, upon request of Rockwell, take all necessary steps to cause such registration to be so expunged upon such termination or breach or threatened breach. In addition, (A) Rockwell Collxxx xxxeby constitutes and appoints Rockwell the true and lawful attorney of Rockwell Collxxx xxxh full power of substitution, in the name and on behalf of Rockwell Collxxx (xxd at the cost of Rockwell Collxxx), xo take all necessary steps to cause such registration to be so expunged upon such termination or breach or threatened breach by a member of the Rockwell Collxxx Xxxup and (B) Rockwell Science Center hereby constitutes and appoints Rockwell the true and lawful attorney of Rockwell Science Center with full power of substitution in the name and on behalf of Rockwell Science Center (and at the cost of Rockwell Science Center), to take all necessary steps to cause such registration to be so expunged upon such termination or breach or threatened breach by a member of the Rockwell Science Center Group.
