Opportunities During his employment with the Company, and for one year thereafter, Executive shall not take any action which might divert from the Company any opportunity learned about by him during his employment with the Company (including without limitation during the Employment Term) which would be within the scope of any of the businesses then engaged in or planned to be engaged in by the Company.
Opportunities for Additional Information Each Purchaser acknowledges that such Purchaser has had the opportunity to ask questions of and receive answers from, or obtain additional information from, the executive officers of the Company concerning the financial and other affairs of the Company, and to the extent deemed necessary in light of such Purchaser’s personal knowledge of the Company’s affairs, such Purchaser has asked such questions and received answers to the full satisfaction of such Purchaser, and such Purchaser desires to invest in the Company.
Agreement not to Participate in Company’s Competitors During Executive’s employment with the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates (as defined below). Ownership by Executive, in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. For purposes of this Agreement, “Affiliate,” means, with respect to any specific entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified entity.
Training Opportunities The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this HOME/HOPWA Regulatory Agreement:
(1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause; and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; shall set forth minimum number and job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135.
(5) The contractor will certify that any vacant employment positions, including training positions, that are filled (A) after the contractor is selected but before the contract is executed, and (B) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135.
(6) Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
Rewards PROGRAMS You may have selected a Rewards Program for your account or, if you selected a Popular / AAdvantage® card, then the terms of the AAdvantage® Program apply. REWARDS PROGRAM WHAT IT MEANS HOW IT AFFECTS YOU Return A rewards program that earns cash back per every purchase made with the Card. The reward program accumulates in cash 1% of all net Purchases made with your credit Card. Net Purchases are Purchases minus any credits or returns. In your billing statement, you will receive an estimate of the Reward accumulated. The redemption of money will be automatic and will occur once a year, in January. You will not be able to redeem your Reward before this date. The Bank will send you a check for the balance of your Reward to the address where you receive your billing statements. You will not accumulate Rewards for Balance Transfers, Convenience Checks, Cash Advances, payments thru TelePago® Popular or Internet Banking, the Purchase of casino chips or other methods of gambling, or any other transaction the Bank determines at its sole discretion constitutes or is equivalent to a Cash Advance. If you return merchandise, the Reward for that merchandise will be deducted. The percent of the deduction will be calculated based on the earning structure at the moment the merchandise was returned. If the amount of your Reward is less than ten (10) dollars at the automatic redemption period, you will not receive a check but it will accumulate to your account for the next redemption period. If your account has a derogative condition, the Bank will be able to retain your Reward until the condition ends or cancel the Reward completely, at the Bank's sole discretion. When calculating the Reward, the Bank will use the total dollar amount of each transaction eliminating the cents. The Bank's determination of the Reward is final. To receive the Reward, your account must be kept open until the date of the Reward payment. The cash back rewards program is subject to changes or cancellation at any moment at the Bank's sole discretion. American Airlines AAdvantage® Program A rewards program that earns miles. You authorize us to report to American Airlines, AAdvantage® miles earned with us. You also authorize us to share with American Airlines your email address and experiential and transactional information regarding your activity with us. You will earn AAdvantage® miles for Purchases as long as your Account is current, in good standing and open the day the Transaction is registered in your Account. The miles are earned multiplying the Transaction amount by the earn rate per dollar specific to your Card product. The total amount of miles per Transaction, without decimals, will be considered for the total amount of miles to be reported to AAdvantage® every account cycle. The Bank will report the miles earned with your AAdvantage® credit Card as long as your Account is current and in good standing the day of your cycle. The miles earned with your credit Card that are not reported to AAdvantage® because your Account has a derogative condition at cycle date, will be reported to AAdvantage® in the future if your Account becomes current. American Airlines reserves the right to change AAdvantage® program rules, regulations, travel awards and special offers at any time without notice and to end the AAdvantage® program with six (6) months prior notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage® travel awards, mileage accrual and special offers are subject to government regulations. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage® program, visit xxx.xx.xxx/xxxxxxxxxx. American Airlines, AAdvantage and the Flight Symbol are trademarks of American Airlines, Inc. PREMIA® A rewards program that earns points. Membership: Program Membership has a $25 annual fee subject to some exclusions as specified in the terms and conditions of the Program. The annual $25 fee is applied at the moment of subscription and subsequently once a year from the subscription date to any of the Program participating accounts. The Membership will be cancelled if any of the Program participating accounts has insufficient funds to cover the fee. Fee is non- refundable. You will earn points only for the activities and transactions described on the Program’s website as well as additional promotions sent out periodically by Popular. Points will be credited and debited depending on the type of transaction carried out. Popular will determine from time to time the maximum amount of Points that may be accumulated for different transactions. This information is available on the Program's webpage. Popular reserves the right to review the balance of Membership accumulated Points and to subtract any credited Points that infringe this Agreement. Each account can be registered only to one (1) Program Membership. Under no circumstance, one same account or transaction is allowed to accumulate Points simultaneously for more than one (1) Membership. Limitations: Cash Advance Transactions done with credit Cards, foreign or local currency purchases, casino chips or any other cash equivalent instrument purchase and loan payments, including but not limited to mortgage and auto loan payments will not accumulate Points. The Regular Level Points will expire in December every four (4) years from the date of subscription. The PREMIA® Platinum level Points will not expire as long as they remain at this level. If the Customer is no longer at that level, the Regular level expiration terms will apply as well as the Regular Level Membership fee. Any derogatory condition or account mismanagement, including but not limited to blocked, outstanding and overdraft accounts will result in automatic Membership suspension and elimination of accumulated Points without previous notice. Once the derogatory condition is removed, the amount of Points accrued at the moment of Membership suspension may be restored at Popular’s sole discretion. To view Your Point balance, please visit xxxxxxx.xxx. Individual consumer transactions are the only transactions entitled to Point accrual. Redemption: The Customer that figures as the primary account holder can redeem his/her accrued Points for rewards at any time, as long as he/she has the required Points for the desired reward. Program Membership must be active and the Customer may not have an account showing derogatory condition to be able to redeem the Points. The redeemed Points will immediately be deducted from the Points balance. For more information on the program visit xxx.xxxxxx.xxx or call PREMIA® Customer Service Center at 1.800.3PREMIA (0.000.000.0000). MOBILE WALLET SERVICE WHAT IT MEANS WHAT YOU AGREE TO A way to make You may choose to add your Card number to a Mobile Wallet Service. If you do so, you acknowledge that we are Purchases or not a provider of the Wallet, we do not control the device and we are not responsible for any failure or inability to payments using perform a transaction using the Wallet. We are only responsible for supplying information securely to the Wallet a mobile device provider to allow usage of your Card in the Wallet. We reserve the right to define product eligibility. You agree that any such use of your Account will be subject to all the terms and conditions contained in this Agreement. Your applicable Purchase APR will apply to Purchases made using the Mobile Wallet Service. You acknowledge that certain message and data rates may apply from your wireless service providers and/or wireless carriers which might impact your use of the Wallet. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Wallet, including downloading the software, receiving or sending text messages, or other use of your mobile device when using the software or other products and services provided by the Wallet. You expressly agree that you are responsible for all such fees, limitations, and restrictions and that we may contact you via your mobile device for any purpose concerning your Account with us, including Account servicing and collection purposes. We do not control the privacy and security of your information that may be held by the Wallet provider and that is governed by the privacy policy given to you by the Wallet provider. You agree not to leave your Mobile Device unattended while logged into the Wallet and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you believe that someone may have unauthorized access to your Mobile Device, you agree to immediately cancel your access to the Wallet associated with the Mobile Device. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your Accounts. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Wallet. Except as otherwise required by law, we may at our sole discretion change these terms, and modify or cancel the eligibility to use your Card with a Wallet service at any time, without notice. You cannot change these terms but you can terminate them by removing your Card from the Wallet. We reserve the right to refuse any transaction for any reason. You expressly understand and agree that your use of a Mobile Wallet Service is at your sole risk. Any material downloaded or otherwise obtained through the use of the Wallet is obtained at your own discretion and risk, and we are not responsible for any damage to your Mobile Device or loss of data that results from the download of any such material, whether due to any computer virus or otherwise. We make no representation or warranty as to the completeness, accuracy, reliability, or currency of any information or data that you obtain through the use of a wallet. WHAT ARE OUR RIGHTS If YOU DEFAULT OR WE HAVE A DISPUTE? Your Default An Account will be in default if: 1) you fail to make at least the Minimum Payment when due; 2) you violate any other provision of this Agreement; 3) we believe you may be unwilling or unable to pay your debts on time; 4) you file for bankruptcy; or 5) you become incapacitated or die. If your Account is in default, we may close your Account or terminate or suspend your credit privileges without notice and require full payment of your outstanding balance immediately. We can also begin collection activities. To the extent permitted by law, if you are in default because you have failed to pay us, we will require you to pay our collection costs, attorneys’ fees, court costs and all other expenses of enforcing our rights under this Agreement. Arbitration of Disputes This Agreement contains an Arbitration Provision immediately below. Within 90 days after the date we open your Account, you may elect to reject the Arbitration Provision by providing a written notice of your intention to do so to the address: Legal Division (745), Banco Popular de Puerto Rico, P.O. Box 362708, San Xxxx, Puerto Rico 00936-2708. Unless you submit your rejection or to the extent permitted by applicable law, the Arbitration Provision will have a substantial impact on how any legal claims we have against each other are resolved if either you or we elect arbitration. For example, disputes subject to arbitration are decided by a neutral arbitrator and not a judge or jury. This Arbitration Provision will not apply to, or be enforceable against, covered borrowers under the protection of the Military Lending Act. This Arbitration Provision shall not preclude you from pursuing or participating in a class action in court. IMPORTANT WAIVERS: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE BOTH WAIVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; OR (2) OBTAIN INFORMATION EXCEPT AS PROVIDED HEREIN. OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT OR ARE NOT AVAILABLE IN ARBITRATION. DEFINITIONS – In this Arbitration Provision, the following definitions will apply:
Investment Analysis and Commentary The Subadviser will provide quarterly performance analysis and market commentary (the “Investment Report”) during the term of this Agreement. The Investment Reports are due within 10 days after the end of each quarter. In addition, interim Investment Reports shall be issued at such times as may be mutually agreed upon by the Adviser and Subadviser; provided however, that any such interim Investment Report will be due within 10 days of the end of the month in which such agreement is reached between the Adviser and Subadviser. The subject of each Investment Report shall be mutually agreed upon. The Adviser is freely able to publicly distribute the Investment Report.
Interviewing Opportunity A representative of the Union or Xxxxxxx shall be given an opportunity to interview each new Employee within regular working hours, without loss of pay, for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new Employee with the benefits and duties of Union membership and its responsibilities and obligations to the Employer and the Union.
Investment Opportunities To the fullest extent permitted by applicable law, the doctrine of corporate opportunity, or any analogous doctrine, shall not apply to any Member, any of their respective Affiliates, or any of their respective officers, directors, agents, shareholders, members, managers and partners (each, a “Business Opportunities Exempt Party”). The Company renounces any interest or expectancy of the Company in, or in being offered an opportunity to participate in, business opportunities that are from time to time presented to any Business Opportunities Exempt Party. No Business Opportunities Exempt Party who acquires knowledge of a potential transaction, agreement, arrangement or other matter that may be an opportunity for the Company or any of its subsidiaries shall have any duty to communicate or offer such opportunity to the Company. No amendment or repeal of this Section 8.4 shall apply to or have any effect on the liability or alleged liability of any Business Opportunities Exempt Party for or with respect to any opportunities of which any such Business Opportunities Exempt Party becomes aware prior to such amendment or repeal. Any Person purchasing or otherwise acquiring any interest in any Units shall be deemed to have notice of and consented to the provisions of this Section 8.4. Neither the alteration, amendment or repeal of this Section 8.4, nor the adoption of any provision of this Agreement inconsistent with this Section 8.4, shall eliminate or reduce the effect of this Section 8.4 in respect of any business opportunity first identified or any other matter occurring, or any cause of action, suit or claim that, but for this Section 8.4, would accrue or arise, prior to such alteration, amendment, repeal or adoption.
Participating Consumers All Participating Consumers as of the Effective Date will continue to be enrolled in the Program under the terms of this ESA unless they opt-out. Within one (1) day after the Effective Date, the Town shall provide to Competitive Supplier a list of Participating Consumers as of the Effective Date, as well as such Participating Consumers’ service and billing addresses, and any other information necessary for Competitive Supplier to commence All-Requirements Power Supply to such Participating Consumers as of the Service Commencement Date.
EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.