PRIVATE BUSINESS USE RESTRICTIONS Sample Clauses

PRIVATE BUSINESS USE RESTRICTIONS. Section 7.1. The LGA acknowledges that the OWDA may issue tax-exempt bonds to provide the funds to meet OWDA’s obligations with regard to funding the applicable program and that the maintenance of the tax-exempt status of any such bonds will depend, in part, on the LGA's compliance with the provisions of this Agreement. Accordingly, the LGA agrees as follows:
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PRIVATE BUSINESS USE RESTRICTIONS. Section 7.1. With respect to the financing of Project by the OWDA as provided herein, the LGA agrees as follows:
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PRIVATE BUSINESS USE RESTRICTIONS. It is the intent of the WPCA and the Company that this Service Agreement shall be construed and applied so as to constitute a management contract that does not result in private business use of property financed by the WPCA within the meaning and intent of the applicable regulations and rulings of the Internal Revenue Service. In particular, the WPCA and the Company agree that, notwithstanding any provision of this Service Agreement to the contrary, the WPCA shall be under no obligation to, and shall not, pay compensation for services to the Company for any Contract Year, if such payment, or any portion thereof, would result in less than 80% of the Company’s compensation for services for such Contract Year being based on a periodic fixed fee or would result in any portion of the Company’s compensation being based on net profit, as such terms are defined in Internal Revenue Service Revenue Procedure 97-13 (as modified by Rev. Proc. 2001-39 and amplified by Notice 2014-67 and superseded by Rev. Proc. 2016-44 and Rev. Proc. 2017-33, "Rev. Proc. 97- IS”). The WPCA and the Company further agree that any such payment or portion thereof that is not made by virtue of this Subsection shall be paid to the Company, without interest, during the next annual period in which such payment will not result in less than 80% of the Company’s compensation being based on a periodic fixed fee or in which such payment will not be based on net profit, all as defined by Rev. Proc. 97-13. The Company acknowledges that the System has been financed with tax exempt obligations and that under no circumstances shall the provisions of this Agreement, including the compensation to be paid to the Company, be permitted to violate applicable provisions of the Code, Treasury Regulations, rulings or other guidance promulgated by the IRS, including Revenue Procedures 97-13, which could affect the exclusion of interest on any tax-exempt obligation financing the System. In connection therewith, the WPCA, in its reasonable discretion, shall have the right to modify the terms of this Agreement, including, without limitation, the Service Fee payable over the Term of the Agreement, as necessary, to comply with the Code and/or Revenue Procedure 97-13. In no event shall such adjustments entitle the Company to any additional compensation. In the event the WPCA is unable to modify the Agreement in order to comply with the Code and/or Revenue Procedure 97-13, the WPCA may, in its reasonable discretion, ter...
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PRIVATE BUSINESS USE RESTRICTIONS 
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Related to PRIVATE BUSINESS USE RESTRICTIONS

  • Use Restrictions Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances: · access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service, · collect or harvest any personal data of any user of the Site or the Service · use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise; · distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis); · use the Service for any unlawful purpose or for the promotion of illegal activities; · attempt to, or harass, abuse or harm another person or group; · use another user’s account without permission; · intentionally allow another user to access your account; · provide false or inaccurate information when registering an account; · interfere or attempt to interfere with the proper functioning of the Service; · make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; · bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; · circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or · publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

  • EXPORT RESTRICTIONS EXPORT OF THE SOFTWARE IS PROHIBITED BY UNITED STATES LAW. THE FUND MAY NOT UNDER ANY CIRCUMSTANCES RESELL, DIVERT, TRANSFER, TRANSSHIP OR OTHERWISE DISPOSE OF THE SOFTWARE (IN ANY FORM) IN OR TO ANY OTHER COUNTRY. IF CUSTODIAN DELIVERED THE SOFTWARE TO THE FUND OUTSIDE OF THE UNITED STATES, THE SOFTWARE WAS EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORTER ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED. The Fund hereby authorizes Custodian to report its name and address to government agencies to which Custodian is required to provide such information by law.

  • License Restrictions You shall not:

  • Use Restriction (a) If a natural disaster, incident or any other emergency situation occurs or is likely to occur, SORACOM may restrict the use of the SORACOM Air Global Service by the Subscriber in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest.

  • General Restrictions The registered Holder of this Purchase Warrant agrees by his, her or its acceptance hereof, that such Holder will not: (a) sell, transfer, assign, pledge or hypothecate this Purchase Warrant for a period of one hundred eighty (180) days following the Effective Date to anyone other than: (i) Aegis Capital Corp. (“Aegis”) or an underwriter or a selected dealer participating in the Offering, or (ii) a bona fide officer or partner of Aegis or of any such underwriter or selected dealer, in each case in accordance with FINRA Conduct Rule 5110(g)(1), or (b) cause this Purchase Warrant or the securities issuable hereunder to be the subject of any hedging, short sale, derivative, put or call transaction that would result in the effective economic disposition of this Purchase Warrant or the securities hereunder, except as provided for in FINRA Rule 5110(g)(2). On and after 180 days after the Effective Date, transfers to others may be made subject to compliance with or exemptions from applicable securities laws. In order to make any permitted assignment, the Holder must deliver to the Company the assignment form attached hereto duly executed and completed, together with the Purchase Warrant and payment of all transfer taxes, if any, payable in connection therewith. The Company shall within five (5) Business Days transfer this Purchase Warrant on the books of the Company and shall execute and deliver a new Purchase Warrant or Purchase Warrants of like tenor to the appropriate assignee(s) expressly evidencing the right to purchase the aggregate number of Shares purchasable hereunder or such portion of such number as shall be contemplated by any such assignment.

  • Basic Restrictions (i) (1) No Person, other than an Excepted Holder, shall Beneficially Own or Constructively Own Shares in excess of the Aggregate Ownership Limit, (2) no Person, other than an Excepted Holder, shall Beneficially Own or Constructively Own Common Shares in excess of the Common Share Ownership Limit and (3) no Excepted Holder shall Beneficially Own or Constructively Own Shares in excess of the Excepted Holder Limit for such Excepted Holder.

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