Possession of equipment or paraphernalia pertaining to alcohol or illegal drug use by an employee on District premises.
Possession of equipment or paraphernalia pertaining to alcohol or illegal drug use by a teacher on District premises.
Possession of equipment or paraphernalia pertaining to alcohol or illegal drug use by an employee on District premises. The District shall ensure that at least one designated employee receives 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the misuse of controlled substances. This training will be used to determine whether reasonable suspicion exists to require an employee to undergo testing.
Possession of equipment. Title to equipment acquired by a non-Federal entity with Federal awards vests with the Grantee. Equipment means tangible nonexpendable property, including exempt property, charged directly to the award having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. However, consistent with a non-Federal entity’s policy, lower limits may be established. A Grantee shall use, manage, and dispose of equipment acquired under a Federal grant in accordance with Federal and State laws, procedures and policies. All equipment purchased with funding received through this Agreement shall be used, for the entire useful life of the equipment, in accordance with the purpose stated in PART III – Scope of Work. Any variation to the intended use of the equipment outlined in PART III – Scope of Work by the Grantee must be approved in writing by the Grantor.
Possession of equipment. Subject to and in accordance with Section 3.01 of the Trust Agreement, the Borrower shall have possession of the Equipment as depository of the Trustee and may only use of the Equipment in the general operation of the Borrower’s or any of its Affiliate’s freight rail business upon lines of a railroad owned or operated by it or any such Affiliate, upon lines of a railroad over which the Borrower or any such Affiliate has trackage or other operating rights or over which railroad equipment of the Borrower or any such Affiliate is regularly operated pursuant to contract and on railroad lines of other railroads (including in connection with barge‑related rail transportation) in Mexico, the United States of America and Canada, in the usual interchange of traffic or in through or run‑through service and may permit other railroads that are subscribers to the Association of American Railroads to use of the Equipment upon lines of railroad of connecting and other carriers in the usual interchange of traffic or pursuant to through or run‑through agreements; provided that (i) the Borrower shall use the Equipment only for the purpose and in the manner for which it was designed and intended and in compliance, in all material respects, with the Loan Documents, all applicable laws, regulations and guidelines of any governmental body, the Association of American Railroads, the Federal Railroad Administration and the Secretaría de Comunicaciones y Transportes and their respective successors; (ii) nothing in this paragraph (c) shall limit the obligations of the Borrower acting as depositary of the Trustee pursuant to the Trust Agreement or applicable law, or shall be deemed to constitute permission by the Lender to any Person to take any action inconsistent with the terms and provisions of this Agreement or the other Loan Documents; and (iii) any Person that takes possession of any Unit as permitted in this paragraph (c) shall be subject and subordinate to the rights of, the Trustee under the Trust Agreement.
Possession of equipment. The parties acknowledge that Contractor shall always be in care custody and control of the Equipment and Company shall at no time be in possession thereof and shall not be liable therefore. Contractor acknowledges that it is engaged as an independent contractor by Company to provide the Services, and the Agreement and Rider thereto are not deemed or interpreted to be in any way a rental of the Equipment by Company.
Possession of equipment. Whether or not this Agreement is terminated as to any or all Equipment Schedules, Lessor may (i) take possession of any or all of the Equipment listed on any or all Equipment Schedules, wherever situated and for such purpose, Lessor may enter upon any Lessee's premises without any court order and without liability for so doing (Lessee hereby waives any action for trespass or damages by reason of such entry or taking possession); and/or (ii) cause Lessee (and Lessee hereby agrees) to assemble the Equipment and either make it available to Lessor at a place designated by Lessor or return it to Lessor as provided in this Agreement.
Possession of equipment. Each Grantor has, and agrees that it will maintain, exclusive possession of its Equipment constituting Collateral, other than (i) Equipment in transit in the ordinary course of business and (ii) Equipment that is in the possession or control of a warehouseman, bailee agent or other Person (other than a Person controlled by or under common control with the applicable Grantor) which other Person holds such Equipment in the ordinary course of its business for purposes of repairing or maintaining such Equipment. In the case of Equipment described in clause (ii) above, no lessor or warehouseman of any premises or warehouse upon or in which such Equipment is located has (i) issued any warehouse receipt or other receipt in the nature of a warehouse receipt in respect of any such Equipment, (ii) issued any document for any such Equipment, (iii) received notification of any Secured Party’s interest (other than the security interest granted hereunder) in any such Equipment or (iv) any Lien on any such Equipment.
Possession of equipment. UChicago Argonne, LLC shall not relinquish its possession of the Equipment nor shall UChicago Argonne, LLC assign (except to a successor in interest as the Government's operating contractor for Argonne National Laboratory or sublet the Agreement, any unit of the Equipment, or any interest in either, unless any such assignee is of equivalent credit rating as UChicago Argonne, LLC or the remaining payments are revised accordingly to account for such change in credit rating, by amendment hereto, and assumes all of the obligations under this Agreement, and the Lessor shall have given its prior written consent, which consent shall not be unreasonably withheld.
Possession of equipment. Upon the continuation of an Event of Default or the occurrence of an Event of Nonappropriation, the Lessee shall immediately lose the right to possess, use and enjoy the Equipment (but may remain in possession of the Equipment as a lessee at will of Truist), and thereupon the Lessee (a) shall pay monthly in advance to Truist a fair and reasonable rental value for the use and possession of the Equipment (in an amount Truist shall determine in its reasonable judgment), and (b) upon Xxxxxx's demand, shall deliver possession of the Equipment to Truist or, at Truist's direction, to any purchaser of the Equipment after an execution sale. In addition, upon the continuation of any Event of Default or the occurrence of an Event of Nonappropriation, Truist, to the extent permitted by law, is hereby authorized to (i) take possession of the Equipment, with or without legal action, (ii) lease the Equipment, (iii) collect all rents and profits therefrom, with or without taking possession of the Equipment, and (iv) after deducting all costs of collection and administration expenses, apply the net rents and profits first to the payment of necessary maintenance and insurance costs, and then to the Lessee's account and in reduction of the Lessee's corresponding Required Payments in such fashion as Truist shall reasonably deem appropriate. Truist shall be liable to account only for rents and profits it actually receives.
