REASON FOR THE DECISION Sample Clauses

REASON FOR THE DECISION. Give relevant background information
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
REASON FOR THE DECISION. The Frenchgate Centre has two walkways that run through the building as detailed below. In recent years the Frenchgate Centre has increasingly been experiencing anti-social behaviour particularly after the stores and Travel Interchange have closed. As a result, the centre is incurring significant costs associated with vandalism, rough sleeping and criminality resulting in increased security presence during night time hours when no public transport is running to or from the interchange. A walkway is a footpath over, through or under a building. The current requirements for the opening times of the walkways are detailed below: Frenchgate Centre. This walkway was formed via a legal agreement between Doncaster Council and the owners of the Frenchgate Centre, which provides that this is route to remain open 24 hours a day, 365days a year. The Council contributes towards the cost of this access via a service charge based on the actual lighting costs, cleaning and maintenance and which is currently set at £ In addition to the various legal agreements the walkways have subsequently become part of the planning conditions as part of the reserved matters. Therefore, the variation of any agreements requires a two-tier approach in securing the necessary variation of planning conditions and termination and variation of legal agreements. In pursuance of securing variations, the Frenchgate Centre owners have recently submitted a planning application to vary these conditions. This application was subject to the usual statutory public consultation process and has now been granted with no objections from any party. The Frenchgate Centre have now made a formal request to the Council acting as Highway Authority to terminate and vary the relevant walkway agreements. The Frenchgate Centre propose to close the South Mall route 30 minutes after stores close and to reopen this route 30 minute prior to stores open in the morning. This mirrors the condition in the recently varied planning permission. Regarding the North Mall they seek to align the opening times to published public transport timetables connected to the railway station and the travel interchange. Again, this mirrors the condition in the recently varied planning permission which also requires the Frenchgate Centre to adjust the opening times accordingly should there be any changes to the published public transport operations from the Railway Station or Interchange. The planning requirement is for the North Mall to open ...
Sample 1
REASON FOR THE DECISION. A party in deciding whether to give its consent or express its satisfaction to a matter is not obliged to give a reason for its decision unless this document states a reason is to be given.
Sample 1
REASON FOR THE DECISION. Give relevant background information Box 4
Sample 1
REASON FOR THE DECISION. To ensure the Cabinet Member has an overview of safeguarding performance. DETAILS OF ANY ALTERNATIVE OPTIONS
Sample 1
REASON FOR THE DECISION. The Better Care Fund (“BCF”) is a programme spanning both the NHS and local government to improve the lives of some of the most vulnerable people in our society, placing them at the centre of their care and support, and providing them with ‘wraparound’ fully integrated health and social care, resulting in an improved experience and better quality of life. The Improved Better Care Fund (“IBCF”), and Disabled Facilities Grant are additional elements to the Better Care Fund, which are paid as direct grants to Councils, but must be pooled into the local BCF plan and regulated by a Section 75 Agreement pursuant to partnership arrangements permitted under the NHS Act 2006. The varied Clause 2.3 of the Agreement allows the existing fund transfer arrangement and the related budget and governance arrangement of various schemes to be extended for a further 12 month period by the agreement of Doncaster Council and DCCG through the Better Care Fund Partnership Board. This ODR concerns the BCF, IBCF and Disabled Facilities Grant pooled budgets between DCCG and Doncaster Council for the financial year 2021/22. It is proposed that the Section 75 Agreement be extended for a further 12 months. It is anticipated that the pooled budget will amount to circa £43M with an uplift to be confirmed of which a minimum of £23.9M is the Doncaster Council element as outlined in the 2021/22 to 2023/24 Revenue Budget paper approved by full Council on 1 March 2021 (iBCF page 27, para’s 20-22 and BCF page 32, para 36). Disabled Facilities Grant circa £3.282M is outlined in the Capital Strategy and Capital Programme report approved by full Council on 1 March 2021 (page 24, appendix 1b). NHS England is still yet to confirm the final Better Care Planning Requirements for 21/22, however, the existing policy for 20/21 specifies that a national condition of the funding for the grants identified is that Plans covering all mandatory funding contributions are to be agreed by Health and Wellbeing areas and minimum contributions for CCG and iBCF pooled in a section 75 agreement (an agreement made under section 75 of the NHS Act 2006). The Health and Wellbeing Board approved the 20/21 plan in January 2021. It is therefore necessary to vary and extend the 20/21 Agreement in advance of the final Better Care Planning Requirements being known in order to maintain eligibility to receive the funding. The varied and extended agreement will contain provisions allowing for the further variation of the Agreemen...
Sample 1

Related to REASON FOR THE DECISION

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Selection of Reviewing Party; Change in Control If there has not been a Change in Control, any Reviewing Party shall be selected by the Board of Directors, and if there has been such a Change in Control (other than a Change in Control which has been approved by a majority of the Company's Board of Directors who were directors immediately prior to such Change in Control), any Reviewing Party with respect to all matters thereafter arising concerning the rights of Indemnitee to indemnification of Expenses under this Agreement or any other agreement or under the Company's Certificate of Incorporation or Bylaws as now or hereafter in effect, or under any other applicable law, if desired by Indemnitee, shall be Independent Legal Counsel selected by Indemnitee and approved by the Company (which approval shall not be unreasonably withheld). Such counsel, among other things, shall render its written opinion to the Company and Indemnitee as to whether and to what extent Indemnitee would be entitled to be indemnified hereunder under applicable law and the Company agrees to abide by such opinion. The Company agrees to pay the reasonable fees of the Independent Legal Counsel referred to above and to indemnify fully such counsel against any and all expenses (including attorneys' fees), claims, liabilities and damages arising out of or relating to this Agreement or its engagement pursuant hereto. Notwithstanding any other provision of this Agreement, the Company shall not be required to pay Expenses of more than one Independent Legal Counsel in connection with all matters concerning a single Indemnitee, and such Independent Legal Counsel shall be the Independent Legal Counsel for any or all other Indemnitees unless (i) the employment of separate counsel by one or more Indemnitees has been previously authorized by the Company in writing, or (ii) an Indemnitee shall have provided to the Company a written statement that such Indemnitee has reasonably concluded that there may be a conflict of interest between such Indemnitee and the other Indemnitees with respect to the matters arising under this Agreement.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The TTC will sell the properties in accordance with the provisions of Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code (R&TC), and the Board of Supervisors' policy adopted on November 24, 1970. Exhibit A of the Chapter 8 Agreement Sale indicates the legal description and selling price of the properties. The Honorable Board of Supervisors 3/5/2019 The recommended action supports County Strategic Plan Strategy III.3 – Pursue Operational Effectiveness, Fiscal Responsibility, and Accountability.

  • Indemnitee Rights on Unfavorable Determination; Binding Effect If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.

  • Independent Investment Decision Such Purchaser has independently evaluated the merits of its decision to purchase the Shares pursuant to the Agreement, and such Purchaser confirms that it has not relied on the advice of any other Purchaser’s business and/or legal counsel in making such decision. Such Purchaser has not relied on the business or legal advice of the Company or any of its agents, counsel or Affiliates in making its investment decision hereunder, and confirms that none of such Persons has made any representations or warranties to such Purchaser in connection with the transactions contemplated by the Transaction Documents.

  • Independent Representation Each party hereto acknowledges and agrees that it has received or has had the opportunity to receive independent legal counsel of its own choice and that it has been sufficiently apprised of its rights and responsibilities with regard to the substance of this Agreement.

  • Determination by Independent Firm In the event of any question arising with respect to the adjustments provided for in this Article 4 such question shall be conclusively determined by an independent firm of chartered accountants other than the Auditors, who shall have access to all necessary records of the Corporation, and such determination shall be binding upon the Corporation, the Warrant Agent, all holders and all other persons interested therein.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!