Operating Rules. 6.1 Merchant must comply with the Operating Rules, as the same may be amended from time to time. The Operating Rules may change with little or no advance notice to Merchant and Merchant will be bound by all such changes. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Transactions for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between the Merchant Agreement and the Operating Rules. However, nothing in the Merchant Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) which is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to the Merchant Agreement, and of the law’s prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law’s prohibition, with only those particular applications of the requirement which would violate the law’s prohibition deemed severed from the provisions hereof.
6.2 Operating Rules of the Debit Networks may differ among them with respect to the Transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On-line Debit Card Transactions, regardless of Card type.
Operating Rules. The principles, rules, procedures, and processes that will govern the operation of the GAIN POC (“Operating Rules”) are attached as Appendix A. These will serve as the founding principles upon which all GAIN POC Members agree to conduct themselves within the GAIN POC.
Operating Rules. 6.1 Merchant must comply with the Operating Rules, as the same may be amended from time to time. The Operating Rules may change with little or no advance notice to Merchant and Merchant will be bound by all such changes. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Transactions for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Merchant Agreement and the Operating Rules.
6.2 Operating Rules of the Debit Networks may differ among them with respect to the Transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On-line Debit Card Transactions, regardless of Card type.
Operating Rules. The Benefits Board shall jointly adopt rules pertaining to their operation. Such rules shall be a matter of public record and shall not conflict with this Agreement in any way.
Operating Rules. In determining whether the uneven rent test has been met, the following rules apply:
(A) Any contingent rent attributable to a provision set forth in § 1.467– 1(c)(2)(iii)(B)(3) through (9) is dis- regarded.
(B) If the lease term includes one or more partial calendar years (a period less than a complete calendar year), the average rent allocated to each cal- endar year is the total rent allocated under the rental agreement, divided by the actual length (in years) of the lease term. The rent allocated to a partial calendar year is annualized by multi- plying the allocated rent by the num- ber of periods of the partial calendar year’s length in a full calendar year and the annualized rent is treated as the amount of rent allocated to that year in determining whether the un- even rent test is met.
(C) In the case of a rental agreement not described in paragraph (c)(4)(ii) of this section, an initial rent holiday pe- riod and any rent allocated to such pe- riod are disregarded for purposes of this paragraph (c)(4) if taking such pe- riod and rent into account would cause the agreement to fail to meet the un- even rent test. For purposes of this paragraph (c)(4), an initial rent holiday period is any period of three months or less at the beginning of the lease term during which annualized fixed rent (de- termined by treating such period as a rental period for purposes of § 1.467– 1(j)(3)) is less than the average rent al- located to all calendar years (deter- mined before the application of this paragraph (c)(4)(iii)(C)).
(D) In the case of a rental agreement described in paragraph (c)(4)(ii) of this section, one qualified rent holiday pe- riod and any rent allocated to such pe- riod are disregarded for purposes of this paragraph (c)(4) if taking such pe- riod and rent into account would cause the agreement to fail the uneven rent test. For this purpose, a qualified rent holiday period is a consecutive period that is an initial rent holiday period or that meets the following conditions:
(1) The period does not exceed the lesser of 24 months or 10 percent of the lease term (determined before the ap- plication of this paragraph (c)(4)(iii)(D)).
(2) Annualized fixed rent during the period (determined by treating the pe- riod as a rental period for purposes of § 1.467–1(j)(3)) is less than the average rent allocated to all calendar years (de- termined before the application of this paragraph (c)(4)(iii)(D)).
(3) Providing less than average rent for the period is re...
Operating Rules. Merchant, including all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, must comply with the Operating Rules, as the same may be amended from time to time. Merchant expressly represents and warrants that it, and all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will comply with the Operating Rules, as they may be amended from time to time, in connection with any and all actions taken in connection with this Agreement, submitting Card Transactions, and otherwise in Merchant’s business activities. The Operating Rules may change with little or no advance notice to Merchant, and Merchant, as well as all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will be bound by all such changes. Merchant is solely responsible for reviewing and complying with all Operating Rules and any changes that may be made to the Operating Rules from time to time, and may not rely upon Bank to notify Merchant of any changes in the Operating Rules. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules. However, nothing in this Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) the imposition of which on Merchant is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to this Agreement, and of the law's prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law's prohibition, with only those particular applications of the requirement which would violate the law's prohibition deemed severed from the provisions hereof. Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On‐line Debit Card Transactions, regardless of Card-type. Merchant further acknowledges and agrees that it is responsible for the actio...
Operating Rules. Instead of the default provisions under Article 7 of the BPD, the following rules apply:
Operating Rules. 8.1 Merchant must comply with the Operating Rules, as may be changed by the Card Associations from time to time. Card Associations may change the Operating Rules with little or no advance notice to Merchant and Merchant will be bound by all such changes. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules.
8.2 Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On-line Debit Card Transactions, regardless of Card type.
8.3 If Merchant selects, and Bank provides Card Program services for, any one or more of American Express, Discover Card/NOVUS Card Brands, JCB Card or Diners Club as payment options and Merchant’s selection is approved by Bank, Merchant understands that Merchant’s acceptance of any of those payment options may require execution of a separate merchant card acceptance agreement with those individual Card Issuers, as applicable, and that agreement will govern the completion, processing, settlement and other procedures relating to transactions with those Card Issuers. If Merchant experiences problems with transmission or delivery of those Card Issuers’ transactions, Merchant will be obligated to contact the appropriate service provider(s) for service.
Operating Rules. For the avoidance of doubt, for purposes of Sections 7.2 and 7.3, (i) any arrangement whereby a Person that is a corporation has the right to satisfy an obligation to purchase property by delivering either cash or its own stock shall be treated as an arrangement to which Treasury Regulations Section 1.355-7(e) applies, (ii) the acquisitions of Newco Shares and units of Newco OP pursuant to the Combination Transactions (as that term is defined in the Master Transaction Agreement) are taken into account in determining whether one or more Persons acquire (or have the right to acquire), directly or indirectly, as part of a plan or series of related transactions, stock or equity securities of Newco representing a Fifty-Percent Equity Interest in Newco, (iii) the issuance of any compensatory stock or compensatory stock options, the issuance of any stock pursuant to any equity award, compensatory option, or restricted stock unit, or the repurchase of any restricted stock, if such issuance or repurchase satisfies the conditions of Treasury Regulation Section 1.355-7(d)(8)(i), shall not be taken into account, and (iv) the issuance of stock to a retirement plan qualified under Section 401(a) or 403(a) of the Code in a transaction that satisfies the requirements of Treasury Regulation Section 1.355-7(d)(9) shall not be taken into account; provided, however, that, for the avoidance of doubt, in the case of clauses (i) and (ii) of this Section 7.8, the issuance by Newco of Newco Shares in exchange for OP Units which OP Units have been taken into account for purposes of determining whether one or more Persons acquire (or have the right to acquire), directly or indirectly, as part of a plan or series of related transactions, stock or equity securities of Newco representing a Fifty-Percent Equity Interest in Newco shall not be taken into account duplicatively for such purposes.
Operating Rules. Through the insertion of the related Editorial Content and working with the online magazine “The Blasting News”, the Author agrees to comply with the following rules of conduct: He/she agrees not to insert, publish or transmit any Editorial Content in any manner that may violate or infringe in any way the rights of others, including defamatory statements, harassments, persecutions or threats against others. He/she agrees not to insert, publish or transmit in any manner any Editorial Content that may be offensive to the online community, through expressions related to fanaticism, racism, insults, vulgarity or cruelty. He/she agrees not to insert, publish or transmit any Editorial Content that contains or refers to pornography, pedophilia, incest, depravity, or that appears in any way obscene. He/she agrees not to insert, publish or transmit in any manner any Editorial Content that violates the law or that could constitute a criminal offense or give rise to civil liability. He/she agrees not to insert, publish or transmit any Editorial Content in any manner that recalls or provides information about illegal activities or deals with illegal activities in order to inspire, persuade, incite these illegal activities. He/she agrees not to insert, publish or transmit in any way any Editorial Content, which contains advertising or promotion of products or services, except with express approval of the Company. He/she agrees not to insert or publish any Editorial Content that has already been published, in any form, on a different website. He/she agrees not to insert, publish or transmit in any way any Editorial Content covering themes or topics not related to the themes of “The Blasting News”. He/she agrees not to impersonate other persons or legal entities, including Company employees, not to make false statements and not to incorrectly disclose his/her affiliation with other people or organizations. He/she agrees not to violate the privacy rights of other users, including the collection and storage of sensitive information of “The Blasting News” users or the publication of confidential information of third parties. He/she agrees not to insert, publish or transmit in any way any Editorial Content, software or other materials, which contains a virus or other harmful or deleterious elements. He/she agrees not to interfere with or damage the Company, “The Blasting News”, the Site or servers or networks connected to the Site, or violate any requ...
