Procedures and Requirements. 1. If the proposed transfer occurs prior to the Offshore Note Exchange Date, and the proposed transferor holds:
(A) a U.S. Physical Note which is surrendered to the Note Registrar, and the proposed transferee or transferor, as applicable:
(i) delivers an Accredited Investor Certificate and, if required by the Company, a Non-Registration Opinion and Supporting Evidence, or delivers (or is deemed to have delivered pursuant to clause (d) above) a Rule 144A Certificate and the proposed transferee requests delivery in the form of a U.S. Physical Note, then the Note Registrar shall (x) register such transfer in the name of such transferee and record the date thereof in its books and records, (y) cancel such surrendered U.S. Physical Note and (z) deliver a new U.S. Physical Note to such transferee duly registered in the name of such transferee in principal amount equal to the principal amount being transferred of such surrendered U.S. Physical Note;
(ii) delivers (or is deemed to have delivered pursuant to clause (d) above) a Rule 144A Certificate and the proposed transferee is or is acting through an Agent Member and requests that the proposed transferee receive a beneficial interest in the U.S. Global Note, then the Note Registrar shall (x) cancel such surrendered U.S. Physical Note, (y) record an increase in the principal amount of the U.S. Global Note equal to the principal amount being transferred of such surrendered U.S. Physical Note and (z) notify the Depositary in accordance with the procedures of the Depositary that it approves of such transfer; or
(iii) delivers a Regulation S Certificate and the proposed transferee is or is acting through an Agent Member and requests that the proposed transferee receive a beneficial interest in the Temporary Offshore Global Note, then the Note Registrar shall (x) cancel such surrendered U.S. Physical Note, (y) record an increase in the principal amount of the Temporary Offshore Global Note equal to the principal amount being transferred of such surrendered U.S. Physical Note and (z) notify the Depositary in accordance with the procedures of the Depositary that it approves of such transfer. In any of the cases described in this Section 312(e)(1)(A), the Note Registrar shall deliver to the transferor a new U.S. Physical Note in principal amount equal to the principal amount not being transferred of such surrendered U.S. Physical Note, as applicable.
(B) the U.S. Global Note, and the proposed transferee or transferor, as...
Procedures and Requirements. If the proposed transferor holds:
(A) a Physical Security which is surrendered to the Security Registrar, and the proposed transferee or transferor, as applicable:
(i) delivers (or is deemed to have delivered pursuant to clause (d) above) a Rule 144A Certificate and the proposed transferee requests delivery in the form of a Physical Security, then the Security Registrar shall (x) register such transfer in the name of such transferee and record the date thereof in its books and records, (y) cancel such surrendered Physical Security and (z) deliver a new Physical Security to such transferee duly registered in the name of such transferee in principal amount equal to the principal amount being transferred of such surrendered Physical Security; or
(ii) delivers (or is deemed to have delivered pursuant to clause (d) above) a Rule 144A Certificate and the proposed transferee is or is acting through an Agent Member and requests that the proposed transferee receive a beneficial interest in the Global Security, then the Security Registrar shall (x) cancel such surrendered Physical Security, (y) record an increase in the principal amount of the Global Security equal to the principal amount being transferred of such surrendered Physical Security and (z) notify the Depositary in accordance with the procedures of the Depositary that it approves of such transfer. In any of the cases described in this Section 307(e)(A), the Security Registrar shall deliver to the transferor a new Physical Security in principal amount equal to the principal amount not being transferred of such surrendered Physical Security, as applicable.
(B) the Global Security, and the proposed transferee or transferor, as applicable:
(i) delivers (or is deemed to have delivered pursuant to clause (d) above) a Rule 144A Certificate and the proposed transferee requests delivery in the form of a Physical Security, then the Security Registrar shall (w) register such transfer in the name of such transferee and record the date thereof in its books and records, (x) record a decrease in the principal amount of the Global Security in an amount equal to the beneficial interest therein being transferred, (y) deliver a new Physical Security to such transferee duly registered in the name of such transferee in principal amount equal to the amount of such decrease and (z) notify the Depositary in accordance with the procedures of the Depositary that it approves of such transfer; or
(ii) delivers (or is deemed to have ...
Procedures and Requirements. The Parties acknowledge that this Agreement is subject to the procedures for approval, amendment and administration set forth in the Development Agreement Law.
Procedures and Requirements. In the event that either Party has cause to believe that a Third Party may be infringing or misappropriating any of the Background Rights relating to the Development Rights in the Field in the Territory, it will promptly notify the other Party in writing, identifying the alleged infringer and the alleged infringement or misappropriation complained of and providing the information upon which such determination is based. The Party that owns the Background Rights that are being infringed relating to the Development Rights in the Field in the Territory (“Owning Party”) will have the first right but not the obligation to stop any such infringement or misappropriation of the Background Rights by such Third Party or settle, pursuant to Section 5.3(b)(ii), with such Third Party. The Owning Party will have the sole right but not the obligation to stop any such infringement or misappropriation of the Background Rights to the extent not relating to the Development Rights. If the Owning Party fails to take action within ninety (90) days following its receipt of a notice of such infringement or misappropriation, then the Party that does not own the Background Rights that are being infringed as they relate to the Development Rights in the Field in the Territory (“Non-Owning Party”) will have the right to take action to stop such infringement or misappropriation. Upon reasonable request by the Party enforcing Background Rights in the Field in the Territory (the “Enforcing Party”), the other Party (the “Non-Enforcing Party”) will give the Enforcing Party all reasonable information and assistance, including allowing the Enforcing Party access to the Non-Enforcing Party’s files and documents and to the Non-Enforcing Party’s personnel who may have possession of relevant information and, if necessary or desirable for the Enforcing Party to prosecute any legal action, joining in the legal action as a party using counsel of its own choosing. Any such assistance provided by a Non-Enforcing Party will be rendered at the Enforcing Party’s cost and expense and the Enforcing Party will reimburse the Non-Enforcing Party for its reasonable and documented costs and expenses upon the Non-Enforcing Party’s request.
Procedures and Requirements. This Agreement, and any assistance provided under it, is made pursuant to certain Key Program procedures and requirements found in the Targeting Program Manual issued by the Agency, as may be modified, supplemented or amended from time to time by the Agency in its sole discretion. Modifications, supplements, and additions to the Targeting Program Manual shall become effective upon the date issued or as noted in the modification, supplement, or addition and may be disseminated by mail, e-mail, or other web-based format including posting to the Agency’s website. The Owner is responsible for checking the website for modifications, supplements, and additions to the Targeting Program Manual. All provisions for the Targeting Program Manual are hereby incorporated into this Agreement by reference and are considered a material part of this Agreement. Additionally, this Agreement is made to support the commitments made by the Owner in the Targeting Unit Agreement executed by the Owner and the Agency, or in any subsequent modifications, updates or revisions to the Targeting Unit Agreement.
Procedures and Requirements. A. The primary purpose of evaluation is the improvement of student learning growth by improving instructional services. Employee‘s shall be evaluated a minimum of one (1) time per year. Information from evaluations may be considered in promotions and termination of personnel.
B. The evaluation process shall be both formative and summative. The formative process shall consist of individual classroom or other role-specific observations and artifact evidence pertinent to and the instructional process of employees by administrators and/or principals for the purpose of gathering evaluation evidences.
C. Evaluation criteria shall be both general and specific and be made known to the employee by the last workday in August of each year. Employees hired after the last workday in August shall be informed of the evaluation criteria/procedures before their assignment begins. This shall include an explanation and discussion of both the general and specific criteria and the evaluation process and forms, and notification of teacher category status (Category I or Category II). The administrator may utilize a sign off form or provide the information to a group of employees. This provision requires only an explanation and is not intended to incorporate the evaluation process or forms into this Agreement.
D. A mid-point evaluation conference shall be held and consist of a meeting between that Category I employee‘s principal and/or administrator and the Category I employee, at which time the observations and other evidences collected to the mid-point of the evaluation cycle shall be discussed. The instructional practice and formative student growth scores will be quantified on a mid-point evaluation to be reviewed and signed by both the principal and/or administrator and the Category I employee. Copies of the mid-point evaluation shall be filed in the employee‘s personnel file and one (1) copy made available to the employee.
E. A Mid-point Deliberate Practice Conference will be held between the employee‘s principal and/or administrator and employee for the purpose of discussing and reviewing progress achieved at the mid-point of the evaluation timeline on the deliberate practice growth plan.
Procedures and Requirements. A. No teacher shall receive adverse comments from the principal in the presence of students or faculty members regarding performance evaluation. All comments regarding a teacher's professional performance shall be communicated directly to the teacher.
B. There shall be a minimum of four (4) assessment interactions between the observer and teacher during the academic year. Assessment interaction may take the form of observation, conference, document(s) review, reflection journal review or other interaction which meets the needs of the observer and teacher (must be specific and agreed in advance). The purpose of any assessment interaction shall be to document the performance of the teacher and provide an opportunity for the observer and teacher to interact. Assessment interactions shall be conducted openly and objectively and with the knowledge of the teacher.
C. All framework components will be observed and/or documented through assessment interactions during the course of the year. Indicators may not be rated as “Unsatisfactory” unless two (2) prior assessment interactions have been rated as “Unsatisfactory” and at least two (2) Strategies for Improvement (SFI) forms have outlined the deficiency and suggested specific measurable strategies for remediating the difficulty are part of the file. (Exception: Student Data Achievement)
D. The rating scale for E3 shall be specified in the E3 Handbook. The E3 Handbook, including forms and process, are by reference incorporated in this Master Contract. Changes may be made to the E3 system only through mutual consent of the parties.
E. Should any individual rating that is less than Effective, the administrator should conference with the teacher to discuss specific strategies to address to perceived deficiencies.
F. In compliance with Florida Statute, two (2) consecutive unsatisfactory annual evaluations may require DOE notification by the Human Resources Department. The parties understand that this provision shall be updated as necessary to meet compliance with Florida Statutes.
X. Ongoing interaction between the observer and the teacher is a requisite relationship in successful teacher success and growth. Interaction which serves as a function of the teacher assessment process shall be documented and acknowledged by the teacher through his/her signature.
H. Both parties agree to meet during the 2013-2014 school year to create and implement an E3 Board of Appeals to go into effect for the school year 2013-2014 evalua...
Procedures and Requirements. A. The primary purpose of evaluation is to ensure the quality of instructional services to support student learning and achievement. Employee’s will be evaluated a minimum of one (1) time per year. Information from evaluations may be considered in promotions and termination of personnel.
B. The evaluation process shall be both formative and summative. The formative process shall consist of individual classroom or other role-specific observations and artifact evidence pertinent to the teaching and learning process of employees by administrators and/or principals for the purpose of gathering evaluation evidences.
C. Evaluation criteria shall be made known to the employee by the last workday in August of each year. Employees hired after the last workday in August shall be informed of the evaluation criteria/procedures before their assignment begins. This shall include an explanation of the evaluation process, including notification of teacher category status (Category 1A, 1B or Category 2). The administrator may utilize a sign off form or provide the information to a group of employees. This provision requires only an explanation and is not intended to incorporate the evaluation process or forms into this Agreement.
D. Deliberate Practice Conference shall be held between the teacher and evaluator to approve the Deliberate Practice Plan. This will take place no later than the final school day in September. No observations shall occur until this conference takes place.
E. A Midpoint Evaluation Conference shall be held and consist of a meeting between that Category 1A and 1B employee’s principal and/or administrator and the Category 1A and 1B employee, at which time the observations and other evidences collected to the midpoint of the evaluation cycle shall be discussed. The instructional practice and formative student growth Student Learning Growth (SLG) scores will be quantified on a mid-point evaluation to be reviewed and signed by both the principal and/or administrator and the Category 1A and 1B employee. Copies of the mid- point evaluation shall be filed in the employee’s personnel file and one (1) copy made available to the employee.
F. A Midpoint Deliberate Practice Conference will be held between the employee’s principal and/or administrator and employee for the purpose of discussing and reviewing progress achieved at the midpoint of the evaluation timeline on the deliberate practice growth plan.
G. The annual Instructional Practice Score (IPS) Conferen...
Procedures and Requirements. A-1: Goals for Participation by MBE/WBE Enterprises/Equal Employment Opportunity, Anti-Discrimination, and Affirmative Action Program (M.G.L. c. 7C, § 6, Executive Orders No. 526 and No. 565) CONTRACTOR shall submit a tentative Schedule for Participation as soon as possible and no later than 5 business days following the Effective Date. This Schedule for Participation is subject to update by CONTRACTOR as the scope of Installation Services is further defined through the performance and completion of Design. CONTRACTOR shall submit with the 90% Design Deliverable (or, if no 90% Design Deliverable is required for a particular ECM, the final or 100% Design Deliverable) a finalized Schedule of Participation for the Project together with Letters of Intent for DCAMM approval. CONTRACTOR shall not commence Installation Services without a Schedule of Participation and Letters of Intent approved by DCAMM, unless otherwise authorized by DCAMM in writing. The Schedule of Participation, Letters of Intent, and any other documentation required to demonstrate compliance with the requirements of this Schedule A-1 shall be provided by CONTRACTOR in the form provided in Exhibit IV or otherwise acceptable to DCAMM. CONTRACTOR shall adhere to and carry out the diversity plan actions detailed in the Proposal’s MBE/WBE Participation Commitment and Diversity Focus Statement, , which is attached as Schedule B-4 of this Contract.
Procedures and Requirements. (i) If the proposed transfer occurs prior to the Offshore Bond Exchange Date, and the proposed transferor holds:
(A) a U.S. Physical Bond which is surrendered to the Bond Registrar, and the proposed transferee or transferor, as applicable:
(1) delivers (or is deemed to have delivered) a Rule 144A Certificate and the proposed transferee requests delivery in the form of Physical Bonds, then the Bond Registrar shall (x) register such transfer in the name of such transferee and record the date thereof in its books and records, (y) cancel such surrendered U.S. Physical Bond and (z) deliver a new U.S. Physical Bond to such transferee duly registered in the name of such transferee in principal amount equal to the principal amount being transferred of such surrendered U.S. Physical Bond.
(2) delivers (or is deemed to have delivered) a Rule 144A Certificate and the proposed transferee is or is acting through an Agent Member and requests that the proposed transferee receive a beneficial interest in the U.S. Global Bond, then the Bond Registrar shall (x) cancel such surrendered U.S. Physical Bond, (y) record an increase in the principal amount of the U.S. Global Bond equal to the principal amount being transferred of such surrendered U.S. Physical Bond and (z) notify the Depositary in accordance with the procedures of the Depositary of such transfer.
(3) delivers a Regulation S Certificate and the proposed transferee is or is acting through an Agent Member and requests that the proposed transferee receive a beneficial interest in the Offshore Global Bond, then the Bond Registrar shall (x) cancel such surrendered U.S. Physical Bond, (y) record an increase in the principal amount of the Offshore Global Bond equal to the principal amount being transferred of such surrendered U.S. Physical Bond and (z) notify the Depositary in accordance with the procedures of the Depositary of such transfer. In the case described in Section 3.11(e)(i)(A)(1), the Bond Registrar shall deliver to the transferor a new U.S. Physical Bond in principal amount equal to the principal amount not being transferred of such surrendered U.S. Physical Bond.
(B) a beneficial interest in the U.S. Global Bond, and the proposed transferee or transferor, as applicable:
(1) delivers (or is deemed to have delivered) a Rule 144A Certificate and the proposed transferee requests delivery in the form of Physical Bonds, then the Bond Registrar shall (w) register such transfer in the name of such transferee and re...
