Organizational Requirements. In order to qualify as a REIT for federal income tax purposes, IRC §856 requires that an entity meet the following organizational tests:
(1) it must be organized as a corporation, trust, or association;
(2) it must be managed by one or more trustees or directors;
(3) beneficial ownership must be evidenced by transferable shares or certificates;
(4) it must be taxable as a domestic corporation but for the operation of IRC §§856 through 859;
(5) it must not be a financial institution or insurance company;
(6) beneficial ownership must be held by 100 or more persons;
(7) subject to the provisions of IRC §856(k), it must not be closely held as determined under IRC §856(h);
(8) it must use the calendar year as its taxable year; and
(9) it must elect to be taxed as a REIT or have in effect such an election made for a previous taxable year. The requirements described in (1) through (5) above must be met during the entire taxable year. The requirement described in (6) above must exist during at least 335 days of a taxable year of 12 months, or during a proportionate part of a taxable year of less than 12 months. The requirement described in (7) above must be met during the last half of each taxable year of the REIT. The requirements described in (6) and (7) above do not apply to the first taxable year for which an election is made under IRC §856(c)(1). The Company has represented that it has satisfied the requirements of (1) through (5) above for all years since January 1, 1987. The Company has also represented that it has satisfied the requirements of (6) and (7) above for all tax years for which it elected to be taxed as, or otherwise has calculated its taxable income as, a REIT consistent with the provisions of IRC §857(b)(2). Further, the Company has represented that it expects, and intends to take all necessary measures within its control to ensure that the beneficial ownership of the Company will at all times be held by 100 or more persons. In addition, subject to certain exceptions, the Company’s Articles of Incorporation, Article 11 A (1), states that after December 31, 1986, shares of stock of the Company shall not be transferable to any person if such transfer would cause the person to be an owner of more than 3.9 percent in value of the outstanding shares, including both common and preferred stock (the “Limit”). If such a transfer occurs, the Articles of Incorporation provide that the transfer will be void and the intended transferee will acquire no rig...
Organizational Requirements. Developer shall designate a Quality Manager who shall be classified as one of the Key Personnel and who shall be responsible for overseeing the overall quality program and the preparation, implementation, and update of the Quality Management Plan for Developer, including management, design, and construction. The Quality Manager shall have the overall responsibility for the development and management of Developer’s Quality Management Plan and is responsible for the overall quality assurance/quality control (QA/QC) program of Developer, including the quality and management for design and construction. The Quality Manager shall not report to Developer’s Project Manager, but shall be directly responsible to and report to a joint venture board, senior management, or similar level of Developer’s organization not directly responsible for Design Work or Construction Work. Developer’s Quality Manager shall be present and available for consultation with IFA throughout the duration of the East End Crossing. The Quality Manager shall attend the weekly progress meetings as a minimum and such other meetings as IFA may request, including individual meetings between the Quality Manager and IFA staff. The Quality Manager shall be the primary point of contact to IFA for all issues relating to Developer’s Quality Management Plan, including preparation, review, implementation, and updates. The Quality Manager, irrespective of other responsibilities, shall have defined authority and responsibility for the following:
1. Ensuring that a quality system is established, implemented, and maintained;
2. Reporting on the performance of the quality system to Developer’s management for review and as a basis for improvement of the quality system; and
3. Direct supervision of the DQM and Construction Quality Manager and their respective staffs.
Organizational Requirements. Management and Liaison with UN agencies - The Contractor shall nominate a professional and reliable contact person (s) who will be responsible for the performance of the obligations and to liaise with the UN agencies’ procurement/logistics focal points at all times; - UNDP, on behalf of other UN agencies, reserves the right to request the Contractor at any time during the term of this arrangement to assign additional personnel or to replace any of the Contractor’s designated staff dealing with UNDP shipment and the Contractor shall promptly comply with such request; - The Contractor shall provide the names, contact and CV(s) of the designated staff dealing with the UN shipments.
Organizational Requirements. The Company shall enforce the "Excess Share" provisions of its Declaration of Trust prohibiting ownership of more than 9.8% of the Common Shares by any person, subject to the exceptions provided therein. In addition, on or before January 30th of each year, the Company shall send a letter demanding information regarding the amount of shares each such shareholder constructively owns (the "shareholder demand letters") (i) in the event the Company has 2,000 or more shareholders of record on any dividend record date, from each record holder of 5% or more of its shares, (ii) in the event the Company has less than 2,000 and more than 200 shareholders of record on any dividend record date, from each record holder of 1% or more of its shares and (iii) in the event the Company has 200 or less shareholders of record on any dividend record date, from each shareholder of record of one-half of 1% or more of its shares.
Organizational Requirements. 1. The Contractor shall provide Employment and Day Program services to persons determined eligible by the Washington State Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), subject to the availability of funding, and in accordance with the conditions of the participant’s authorized Medicaid Waiver, as applicable.
2. The Contractor will ensure the organization’s compliance with the following, which are incorporated by reference: Washington Administrative Codes (WACs) – xxxx://xxx.xxx.xx.xxx/wac 388-06 Background Checks 388-845 Washington State DSHS/DDA Home and Community Based Waivers Washington State Department of Social and Health Services, Developmental Disabilities Administration Policies - xxxxx://xxx.xxxx.xx.xxx/dda/policies-and-rules/policy-manual
3.01 Service Plans
Organizational Requirements. The internal organization of Supplier shall meet the specific requirements of data protection. In particular, Supplier shall take technical and organizational measures to avoid the accidental mixing of Personal Data, the mixing of Personal Information, or both. Technical and organizational security measures will be implemented as applicable to the Personal Data and Personal Information processed and as appropriate in accordance with commercially available best practices. The measures will be continuously reviewed to ensure they are appropriate to the profile of the data being processed. These measures include: • Integrated DDoS protection with hybrid cloud attack mitigation, network edge security, Internet traffic cloud security, and virtual firewalls. • The hybrid DDoS protection integrates always-on detection and mitigation (on-premises or in the cloud) with cloud-based volumetric DDoS attack prevention, scrubbing, and 24x7 Emergency Response Team (ERT) support. • Network edge security provides advanced perimeter security solutions that are built into Customer’s SD-WAN appliance (the “ANAP”). The ANAP includes a virtual stateful firewall with an on-premises next-generation firewall. • The Internet traffic cloud security utilizes combined solutions that do not require additional on- premises hardware, appliances, or software. This includes a cloud-based security infrastructure for global enterprises to create and deploy consistent security policies across the entire organization together with secure local Internet breakouts for all ports and protocols, without appliances. • Virtual firewall security is provided for enterprises with heavy deployments of Amazon Web Services (AWS) and Microsoft Azure, by providing an additional layer of security hosted in cloud computing environments to protect data and applications hosted in cloud instances. Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers): Data transfer agreement between country of establishment) hereinafter “data exporter” and (address and (address and country of establishment) hereinafter “data importer”
Organizational Requirements. 1.1. The Participant shall appoint one or more persons to be its corporate representative in terms of this Participation Agreement. The Participant shall advise the UIXP of the identity of its Corporate Representatives within 7 (seven) days of the commencement date of this Participation Agreement. The Participant agrees that its Corporate Representatives shall have the authority to make binding decisions with regard to this Participation Agreement and the Participant's participation in the Exchange, which may be communicated through authenticated access to the UIXP website or otherwise. Such decisions may include the appointment of further Corporate Representatives and the removal of Corporate Representatives.
1.2. The Participant shall maintain at least one member of operations personnel who understands the rights and obligations of the Participant under this Participation Agreement.
1.3. The Participant shall provide the UIXP with up-to-date NOC, administrative, and billing data upon request.
1.4. The Participant will not refer any of its customers, or their representatives, directly to the UIXP support staff unless specifically agreed by a member of UIXP staff by email.
1.5. The Participant will make sure that at least one member of its staff is subscribed to the UIXP mailing list.
1.6. The Participant undertakes that its usage of the Exchange will not be harmful to the UIXP network or the other participants in the Exchange at any time. "Harmful" means usage which, in the reasonable opinion of UIXP, adversely affects other participants or the entire exchange.
Organizational Requirements. The Association agrees that it will use its best efforts, in good faith to observe and comply with the following requirements and will continue to do so during the entire term of this Agreement:
A. That it will comply with all rules, regulations and laws now in effect or which may be promulgated during the term of this Agreement by the Department or by any municipality, county, state, or federal authority having jurisdiction including but not limited to Texas Parks & Wildlife and US Army Corps of Engineers.
B. That it will pay all normal entrance and use fees when entering the park at any time.
C. That vehicle parking will be limited to the old taxiway and no closer than 125 feet from the center line of the runway. The Park Superintendent or his representative may further limit parking at any time.
D. That any and all conflicts with park visitors, Texas Parks & Wildlife, US Army Corps of Engineers, and Texas Department of Transportation Aviation Division will be resolved in favor of the other party
E. That structures to support operations at a location and of a type approved in advance by the Park Superintendent may be built at no cost to the State. No structure may be built closer than 125 feet from the center line of the runway. Any structures constructed become property of the State of Texas. The Association will be responsible for maintenance of any structure constructed.
F. That all liability for personal injury or property damage assumed by Whitney Area Miniature Aircraft Club and Texas parks & Wildlife, US Army Corps of Engineers, and their employees are released from any liability. Liability insurance of at least one million dollars will be maintained and a copy of said insurance policy will be available to Texas Parks & Wildlife.
G. That each member will be given a copy of this Agreement.
H. That the Department designee will be an ex-officio representative on the managing board of the Association. The designee will be notified of all meetings of the Association, its general membership, managing board, and committees in advance so that ample opportunity to attend is granted and the ex-officio representation made effective.
I. All pilots must be a current member of Academy of Model Aeronautics (AMA) or under the immediate supervision of an AMA instructor and covered by appropriate liability insurance.
J. That non-members, park visitors, have access to the airfield for personal use of approved model aviation. Park visitors shall comply with all fees,...
Organizational Requirements. CSX must have organized delivery teams in place to concurrently manage daily tasks, 24x365 tasks and complex issues any time of day.
Organizational Requirements. The academic, Christian Service and citizenship requirements for extracurricular activities as delineated above are the prescribed minimum. Other conditions are established by the TAPPS and some extracurricular activities are governed by other association rules (i.e. National Spanish Xxxxx xxxxxxx, National French Xxxxx Xxxxxxx, Mu Alpha Theta, USACDEC Association, National; Forensic League, etc.). However, JPIIHS eligibility rules supersede all association guidelines as it relates to eligibility and participation. Sponsors/coaches are responsible for knowing their rules and will be held accountable for any violations or problems by their students. In some cases, it is appropriate for organizations to adopt higher academic standards than those defined herein, (i.e. National Xxxxx Xxxxxxx, etc.) Moreover, there may be instances when administration, coaches, or sponsors must suspend students from participation due to failure to practice or violation of other team/organizational rules. Such suspensions and the rules on which they are based must have approval of the Deans/Athletic Director. 1st Quarter ends 10/15/10 Lose eligibility at 3:45pm 10/22/10 Progress report # 3 11/05/10 Regain eligibility at 3:45pm 11/12/10 Progress Report # 4 11/23/10 Regain eligibility at 3:45pm 12/03/10 2nd Quarter ends 12/17/10 Christmas Break all eligible - Lose eligibility at 3:45pm 01/07/10 Progress Report # 5 01/21/11 Regain eligibility at 3:45pm 01/28/11 Progress Report # 6 02/11/11 Regain eligibility at 3:45pm 02/18/11 3rd Quarter ends 03/11/11 Spring Break all eligible - Lose eligibility at 3:45pm 03/25/11 Progress Report # 7 04/15/11 Regain eligibility at 3:45pm 04/22/11 Progress Report # 8 05/13/11 Regain eligibility at 3:45pm 05/20/11 4th Quarter ends 06/02/11
