Non-Active Members Clause Samples
The Non-Active Members clause defines the rights, obligations, or status of members within an organization or group who are not currently participating in its activities or operations. Typically, this clause outlines criteria for determining non-active status, such as prolonged absence or failure to meet participation requirements, and may specify the consequences, such as loss of voting rights or eligibility for certain benefits. Its core function is to ensure clarity regarding membership status and to maintain the effective functioning of the organization by distinguishing between active and non-active participants.
Non-Active Members. Section 7.2.1 is administrative except to the extent that it 21 applies to the Sector managers’ ability to impose and utilize legal means to recover damages as 22 authorized in section §10.10 of this agreement, in which case NMFS enforcement procedures 23 may apply.
Non-Active Members. The Members acknowledge that 8 Active Members are assuming certain costs and risks associated with harvesting the Sector’s ACE on 9 behalf of the Non‐Active Members, and that the Active Members are making certain financial 10 contributions to the Sector that are not made by Non‐Active Members. Obligations assumed by Active 11 Members that are not imposed on Non‐Active Members include, but are not limited to payments of the 12 initial Membership Fee, and paying Network and Sector fees in connection with landings of catch 13 harvested under the Sector’s ACE. In consideration for the Active Members assuming these costs, risks 14 and fee obligations, each Non‐Active Member shall:
15 A. Not fish in any ACE‐accountable fisheries;
16 B. Participate only as a transferor with regards to transfer of such 17 member’s Harvest Share within the sector. However, a Non‐Active Member may act as a 18 transferee through an Inter‐Sector transfer of ACE provided the transaction results in a 19 net increase of this Sector’s ACE.
20 C. Not have access to information on FishTrax, or other ▇▇▇▇▇▇ ▇▇ specific tools, other than the information necessary to track the balance of such 22 Member’s Harvest Share, and specifically, shall not have access to Harvest Share Offers or 23 Permit Offers posted on behalf of Members;
24 D. Not have the Rights of First Offer on Sector Harvest Share and 25 the related Sector ACE extended to Active Members, which may be adopted or amended 26 from time to time by the Board under Section 7.3, and shall not have a right of first 27 refusal on Permits extended to Active Members, which may be adopted or amended 28 from time to time by the Board under Section 15;
1 E. Pay Sector Operating Fees on the net amount of Sector ACE 2 transferred out of the Sector by such Member, and pay the Network Fee on the net 3 amount of Sector ACE transferred out of the NEFS Sectors by such Member.
Non-Active Members. The Members acknowledge that 8 Active Members are assuming certain costs and risks associated with harvesting the Sector’s ACE on 9 behalf of the Non-Active Members, and that the Active Members are making certain financial 10 contributions to the Sector that are not made by Non-Active Members. Obligations assumed by Active 11 Members that are not imposed on Non-Active Members include, but are not limited to payments of the 12 initial Membership Fee, and paying Network and Sector fees in connection with landings of catch 13 harvested under the Sector’s ACE. In consideration for the Active Members assuming these costs, risks 14 and fee obligations, each Non-Active Member shall:
Non-Active Members. The Members acknowledge that 9 Active Members are assuming certain costs and risks associated with harvesting the Sector’s ACE on 10 behalf of the Non‐Active Members, and that the Active Members are making certain financial 11 contributions to the Sector that are not made by Non‐Active Members. Obligations assumed by Active 12 Members that are not imposed on Non‐Active Members include, but are not limited to payments of the 13 initial Membership Fee, and paying Network and Sector fees in connection with landings of catch 15 and fee obligations, each Non‐Active Member shall:
16 A. Not fish in any ACE‐accountable fisheries;
17 B. Participate only as a transferor with regards to transfer of such member’s 18 Harvest Share within the sector. However, a Non‐Active Member may act as a transferee through an 19 Inter‐Sector transfer of ACE provided the transaction results in a net increase of this Sector’s ACE.
20 C. Not have access to information on FishTrax, or other Sector specific tools, 21 other than the information necessary to track the balance of such Member’s Harvest Share, and 22 specifically, shall not have access to Harvest Share Offers or Permit Offers posted on behalf of
Non-Active Members. The Members acknowledge that Active Members 3 Active Members, and that the Active Members are making certain financial contributions to the ▇▇▇▇▇▇ ▇ that are not made by non‐Active Members. Obligations assumed by Active Members that are not 5 imposed on non‐Active Members include, but are not limited to payments of the initial Membership 6 Fee, and paying Network and Sector fees in connection with landings of catch harvested under the 7 Sector’s ACE. In consideration for the Active Members assuming these costs, risks and fee obligations, 8 each non‐Active Member shall:
(a) Not fish in any ACE‐accountable fisheries; 10 (b) Participate only as a transferor with regards to transfer of such member’s Harvest
Non-Active Members. The Members acknowledge that Active Members 2 are assuming certain costs and risks associated with harvesting the Sector’s ACE on behalf of the Non- 3 Active Members, and that the Active Members are making certain financial contributions to the ▇▇▇▇▇▇ ▇ that are not made by Non-Active Members. Obligations assumed by Active Members that are not 5 imposed on Non-Active Members include, but are not limited to payments of the initial Membership 6 Fee, and paying Network and Sector fees in connection with landings of catch harvested under the 7 Sector’s ACE. In consideration for the Active Members assuming these costs, risks and fee obligations, 8 each Non-Active Member shall:
(a) Not fish in any ACE-accountable fisheries; 10 (b) Participate only as a transferor with regards to transfer of such member’s Harvest 11 Share within the sector. However, a Non-Active Member may act as a transferee through an Inter- 12 Sector transfer of ACE provided the transaction results in a net increase of this Sector’s ACE.
Non-Active Members. Non-active members may retain their membership in Hourglass Cabaret even if they are not participating in rehearsals on a regular basis, e.g. while on leave.
Non-Active Members. Section 7.2.1 is administrative except to the extent that it 20 applies to the Sector managers’ ability to impose and utilize legal means to recover damages as 21 authorized in section §10.10 of this agreement, in which case NMFS enforcement procedures 22 may apply.
23 7.3 Harvest Share Transfer.
24 7.4 Harvesting Rules and Fishing Plan. Section 7.4 is administrative except to the extent that it 25 applies to Harvesting Rules Sections 1, 5, 6, 8, 9 11, 16, 17, and 22 which are enforceable and 26 therefore not considered administrative under this section. This section is also administrative 1 except to the extent that it applies to Harvesting Rules Section 7 Stock Area Declaration. Sub-
2 Section 7.1 is administrative in nature.
3 7.5 Re-direction of Effort.
4 7.6 Sector Vessel Interactions with Allocated Species in Non-Amendment 16 Fisheries.