Non-Applicability of Xxxxx-Xxxxxxx Act Sample Clauses

Non-Applicability of Xxxxx-Xxxxxxx Act. Chapter 4.3 of the California Government Code directs public agencies to grant concessions and incentives to private developers for the production of housing for lower income households. The Xxxxx- Xxxxxxx Rental Housing Act, California Civil Code sections 1954.50 et seq. (the "Xxxxx- Xxxxxxx Act") provides for no limitations on the establishment of the initial and all subsequent rental rates for a dwelling unit with a certificate of occupancy issued after February 1, 1995, with exceptions, including an exception for dwelling units constructed pursuant to a contract with a public agency in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 of the California Government Code (section 1954.52(b)). The Parties agree that the Xxxxx-Xxxxxxx Act does not and in no way shall limit or otherwise affect the restriction of rental charges for the BMR Units. This Agreement falls within the express exception to the Xxxxx-Xxxxxxx Act, Section 1954.52(b) because this Agreement is a contract with a public entity in consideration for contributions and other forms of assistance specified in Chapter 4.3 (commencing with Section 65919 of Division 1 of Title 7 of the California Government Code). The City and Developer would not be willing to enter into this Agreement without the understanding and agreement that Xxxxx-Xxxxxxx Act provisions set forth in California Civil Code section 1954.52(a) do not apply to the BMR Units as a result of the exemption set forth in California Civil Code section 1954.52(b) for the reasons set forth in this Section 5.11.
Sample 1
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Non-Applicability of Xxxxx-Xxxxxxx Act. Chapter 4.3 of the California Government Code directs public agencies to grant concession and incentives to private developers for the production of housing for lower income households. The Xxxxx-Xxxxxxx Act provides for no limitations on the establishment of the initial and all subsequent rental rates for a dwelling unit with a certificate of occupancy issued after February 1, 1995, with exceptions, including an exception for dwelling units constructed pursuant to a contract with a public agency in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 of the California Government Code (section 1954.52(b)). Based upon the language of the Xxxxx-Xxxxxxx Act and the terms of this Agreement, the Parties understand and agree that section 1954.52(a) of the Xxxxx-Xxxxxxx Act does not and in no way shall limit or otherwise affect the restriction of rental charges for the Replacement Units or the BMR Units. This Agreement falls within the express exception to the Xxxxx-Xxxxxxx Act because this Agreement is a contract with a public entity in consideration for contributions and other forms of assistance specified in Chapter 4.3 (commencing with section 65915) of Division 1 of Title 7 of the California Government Code. The City contributions and other forms of assistance include but are not limited to the following: (1) vesting the BMR Requirement, so that any future increase in the percentage of BMR Units required will not apply to the Project; (2) excluding the Replacement Units from the BMR Requirement; (3) not assessing the Impact Fees and Exactions against the Replacement Units; (4) vesting development rights to the Project for thirty (30) years;
Sample 1

Related to Non-Applicability of Xxxxx-Xxxxxxx Act

  • Xxxxx-Xxxxx Act Xxxxx-Xxxxx Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

  • Xxxxx-Xxxxx Act compliance IF proposing on PART 2, Texas Statute requires compliance with Xxxxx-Xxxxx Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part S, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Xxxxxxxx "Anti-Kickback" Act {40 U.S.C. 314S), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. BY SUBMITTING A PROPOSAL FOR PART 2 OF THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW, to comply with the Xxxxx Xxxxx Act, IF APPLICABLE and if proposing on PART 2 of this solicitation.

  • SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX UNBUNDLED LOCAL SWITCHING, PORT USAGE End Office Switching (Port Usage) End Office Switching Function, Per MOU 0.0010519 End Office Trunk Port - Shared, Per MOU 0.0002136 Tandem Switching (Port Usage) (Local or Access Tandem) Tandem Switching Function Per MOU 0.0001634 Tandem Trunk Port - Shared, Per MOU 0.0002863 Tandem Switching Function Per MOU (Melded) 0.00004951 Tandem Trunk Port - Shared, Per MOU (Melded) 0.000086749 Melded Factor: 30.30% of the Tandem Rate Common Transport Common Transport - Per Mile, Per MOU 0.0000045 Common Transport - Facilities Termination Per MOU 0.0004095

  • Xxxxxx Xxxxxx Xxxx Xx Day, 3rd Monday in January;

  • SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCVX UNCCC 5.59 5.59 6.98 6.98 EXTENDED 4-WIRE VOICE GRADE EXTENDED LOOP/ 4 WIRE VOICE GRADE INTEROFFICE TRANSPORT 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 25.34 131.97 94.51 59.14 14.50 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 38.58 131.97 94.51 59.14 14.50 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 60.02 131.97 94.51 59.14 14.50 Interoffice Transport - 4-wire VG - Dedicated - Per Mile Per Month UNCVX 1L5XX 0.008838 Interoffice Transport - 4-wire VG - Dedicated - Facility Termination per month UNCVX U1TV4 18.73 40.54 27.41 16.74 6.90 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCVX UNCCC 5.59 5.59 6.98 6.98 EXTENDED DS3 DIGITAL EXTENDED LOOP WITH DEDICATED DS3 INTEROFFICE TRANSPORT DS3 Local Loop in combination - per mile per month UNC3X 1L5ND 8.38 DS3 Local Loop in combination - Facility Termination per month UNC3X UE3PX 308.98 451.52 263.94 119.49 83.58 Interoffice Transport - Dedicated - DS3 - Per Mile per month UNC3X 1L5XX 4.09 Interoffice Transport - Dedicated - DS3 combination - Facility Termination per per month UNC3X U1TF3 703.52 278.75 162.76 60.20 58.46 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNC3X UNCCC 5.59 5.59 6.98 6.98 EXTENDED STS-1 DIGITAL EXTENDED LOOP WITH DEDICATED STS-1 INTEROFFICE TRANSPORT STS-1 Local Lolp in combination - per mile per month UNCSX 1L5ND 8.38 STS-1 Local Loop in combination - Facility Termination per month UNCSX UDLS1 319.83 451.52 263.94 119.49 83.58 Interoffice Transport - Dedicated - STS-1 combination - per mile per month UNCSX 1L5XX 4.09 Interoffice Transport - Dedicated - STS-1 combination - Facility Termination per month UNCSX U1TFS 701.37 278.75 162.76 60.20 58.46 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCSX UNCCC 5.59 5.59 6.98 6.98 EXTENDED 2-WIRE ISDN EXTENDED LOOP WITH DS1 INTEROFFICE TRANSPORT First 2-Wire ISDN Loop in Combination - Zone 1 1 UNCNX U1L2X 21.88 117.24 79.77 52.88 10.54 First 2-Wire ISDN Loop in Combination - Zone 2 2 UNCNX U1L2X 32.85 117.24 79.77 52.88 10.54 First 2-Wire ISDN Loop in Combination - Zone 3 3 UNCNX U1L2X 48.55 117.24 79.77 52.88 10.54 Interoffice Transport - Dedicated - DS1 combination - per mile per month UNC1X 1L5XX 0.18 Interoffice Transport - Dedicated - DS1 combination - Facility Termination per month UNC1X U1TF1 60.16 89.27 81.81 16.35 14.44 1/0 Channel System in combination - per month UNC1X MQ1 101.06 91.04 62.57 10.54 9.79 2-wire ISDN COCI (BRITE) - in combination - per month UNCNX UC1CA 2.41 6.58 4.72 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 1 1 UNCNX U1L2X 21.88 117.24 79.77 52.88 10.54 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 2 2 UNCNX U1L2X 32.85 117.24 79.77 52.88 10.54 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 3 3 UNCNX U1L2X 48.55 117.24 79.77 52.88 10.54 Additional 2-wire ISDN COCI (BRITE) - in combination- per month UNCNX UC1CA 2.41 6.58 4.72 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNC1X UNCCC 5.59 5.59 6.98 6.98 EXTENDED 4-WIRE DS1 DIGITAL EXTENDED LOOP WITH DEDICATED STS-1 INTEROFFICE TRANSPORT First DS1 Loop Combination - Zone 1 1 UNC1X USLXX 82.55 252.47 157.54 44.70 11.71 First DS1 Loop Combination - Zone 2 2 UNC1X USLXX 154.18 252.47 157.54 44.70 11.71 First DS1 Loop Combination - Zone 3 3 UNC1X USLXX 314.52 252.47 157.54 44.70 11.71 Interoffice Transport - Dedicated - STS-1 combination - Per Mile Per Month UNCSX 1L5XX 4.09 Interoffice Transport - Dedicated - STS-1 combination - Facility Termination per month UNCSX U1TFS 701.37 278.75 162.76 60.20 58.46

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Xxx Xxxxxx 5.2 If the Customer requests any on-site or on-site maintenance service (except for any error/problem caused by the Company’s system, equipment/accessories), the Company shall charge a service fee of HK$400 or such amount as determined by the Company at its sole discretion.

  • Xxx Xxxxx Chairman Hong Kong, 3 April 2020

  • Xxxxxx Xxxxxx Xxxx Day 10.1.3 Lincoln Day

  • Xxxx Xxxxxxx, Xx Xxx Xxxxxxxx and Xx. Xxxxx Xxxxxxxx Non-executive directors: Xx. Xxx Xxxxxxx, Xx. Xxx Xxxxxxxx and Mr. Xxxx Xxx Independent non-executive directors:

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