Rent Rolls; Operating Histories The Seller has obtained a rent roll (the “Certified Rent Roll(s)”) other than with respect to hospitality properties certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Seller has obtained operating histories (the “Certified Operating Histories”) with respect to each Mortgaged Property certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Certified Operating Histories collectively report on operations for a period equal to (a) at least a continuous three-year period or (b) in the event the Mortgaged Property was owned, operated or constructed by the Mortgagor or an affiliate for less than three years then for such shorter period of time, it being understood that for mortgaged properties acquired with the proceeds of a Mortgage Loan, Certified Operating Histories may not have been available.
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both."
History The two Boards approved a "Proposed Plan to Further Simplify and Facilitate Transfer of Credit Between Institutions" at their meetings in February 1996. This plan was submitted as a preliminary report to the Joint Legislative Education Oversight Committee in March 1996. Since that time, significant steps have been taken toward implementation of the transfer plan. At their April 1996 meetings, the Boards appointed their respective sector representatives to the Transfer Advisory Committee to direct, coordinate, and monitor the implementation of the proposed transfer plan. The Transfer Advisory Committee membership is listed in Appendix D. Basic to the work of the Transfer Advisory Committee in refining transfer policies and implementing the transfer plan has been the re-engineering project accomplished by the North Carolina Community College System, especially common course names, numbers, credits, and descriptions. The Community College Combined Course Library includes approximately 3,800 semester-credit courses written for the associate degree, diploma, and certificate programs offered in the system. Colleges select courses from the Combined Course Library to design all curriculum programs. Of approximately 700 arts and sciences courses within the Combined Course Library, the faculty and administrators of the community colleges recommended approximately 170 courses as appropriate for the general education transfer core. The Transfer Advisory Committee then convened a meeting on May 28, 1996, at which six University of North Carolina faculty in each of ten general education discipline areas met with six of their professional counterparts from the community colleges. Through a very useful and collegial dialog, these committees were able to reach consensus on which community college courses in each discipline were acceptable for transfer to University of North Carolina institutions as a part of the general education core. This list of courses was distributed to all University of North Carolina and community college institutions for their review and comments. Considering the recommendations of the general education discipline committees and the comments from the campuses, the Transfer Advisory Committee established the list of courses that constitutes the general education transfer core. This general education core, if completed successfully by a community college student, is portable and transferable as a block across the community college system and to all University of North Carolina institutions. With the establishment of the general education core as a foundation, joint academic disciplinary committees were appointed to draw up guidelines for community college curricula that will prepare students for intended majors at University of North Carolina institutions. Each committee consisted of representatives from each UNC institution offering such major programs and eight to ten representatives from community colleges. The Transfer Advisory Committee distributed the pre- majors recommended by the faculty committees to all University of North Carolina and community college institutions for their review and comments. Considering the faculty committee recommendations and the campus comments, the Transfer Advisory Committee established pre-majors which have significant numbers of transfers from the community colleges to the University of North Carolina institutions. The special circumstances surrounding transfer agreements for associate in applied science programs, which are not designed for transfer, require bilateral rather than statewide articulation. Special circumstances include the different accreditation criteria for faculty in transfer and non-transfer programs, the different general education requirements for transfer and non-transfer programs, and the workforce preparedness mission of the technical/community college AAS programs. A major element in the proposed transfer plan adopted by the two boards in February 1996 is the transfer information system. Simultaneously with the work being done on the general education and professional specialization (major) components of the transfer curriculum, the joint committee on the transfer information system laid out a plan, approved by the Boards of The University of North Carolina and the North Carolina Community College System, "to provide students with accurate and understandable information regarding the transfer of credits...[and] to increase the adequacy and availability of academic counseling for students who are considering a college transfer program." In addition to the printed publications currently being distributed to students, transfer counselors, admissions directors, and others, an electronic information network provides (1) electronic access to the articulation database which will include current transfer policies, guidelines, and on-line catalogs for public post-secondary institutions; (2) computerized common application forms, which can be completed and transmitted electronically along with transcripts and other education records; and (3) an electronic mail network for transfer counselors and prospective transfer students. Access to the e-mail network is available in the transfer counselors' offices and other selected sites on campuses. The final element of the transfer information system is the Transfer Student Academic Performance Report. This report, recently refined with suggestions from community college administrators, is sent annually to each community college and to the State Board of Community Colleges. These data permit the rational analysis of transfer issues and are beneficial to students and to educational and governmental decision-makers. This performance report provides the important assessment component necessary for evaluating and improving the transfer process. Articulation between the North Carolina Community College System and The University of North Carolina is a dynamic process. To ensure the currency of the Comprehensive Articulation Agreement (CAA), occasional modifications to the CAA may be necessary. These modifications may include the addition, deletion, and revision of courses on the transfer list, development and/or revision of pre- majors, and changes in course designation (i.e. additions to UGETC list or changing a course from general education to elective). The TAC will receive requests for modification only upon the recommendation of the chief academic officer of the NCCCS or UNC. Additions, deletions, and modifications may be subject to faculty review under the direction of the TAC. Because the modification process involves faculty and administrative review, this process may require up to 12 months for final action. Courses currently included on the approved transfer course list may be considered for inclusion as a Universal General Education Transfer Component (UGETC) course through the following procedures:
1. The Chief Academic Officer (CAO) of any subscribing institution submits a written request for a change in course status to the CAO of the respective system. The request should include the rationale for the revised status.
2. The system CAO then submits the request to the Director of Transfer Articulation at UNC General Administration.
3. The Director of Transfer Articulation will send the request to the Chief Academic Officers of the universities. If all the universities approve of the addition, the recommendation will be sent to the TAC and the CAOs of the two systems.
4. If all universities do not approve the request, the Director of Transfer Articulation may assemble a discipline team comprised of university and community college faculty to see if the course can be revised in a manner that will be acceptable for inclusion in the UGETC. If so, the revised course will be sent to the university CAOs for consideration.
Events Subsequent to Most Recent Fiscal Year End Since the Most Recent Fiscal Year End and except as described herein and in the attached exhibits, there has not been any material adverse change in the business, financial condition, operations, results of operations, or future prospects of Sewcal. Without limiting the generality of the foregoing, since that date:
(i) Sewcal has not sold, leased, transferred, or assigned any of its assets, tangible or intangible, other than for a fair consideration in the Ordinary Course of Business;
(ii) Sewcal has note entered into any agreement, contract, lease, or license (or series of related agreements, contracts, leases, and licenses) involving more than $10,000.00 outside the Ordinary Course of Business;
(iii) Sewcal has not accelerated, terminated, modified, or canceled any agreement, contract, lease, or license (or series of related agreements, contracts, leases, and licenses) involving more than $10,000.00 to which Sewcal is a party.
(iv) Sewcal has not imposed any Security Interest upon any of its assets, tangible or intangible;
(v) Sewcal has not made any capital expenditure (or series of related capital expenditures) either involving more than $5,000.00 outside the Ordinary Course of Business;
(vi) Sewcal has not made any capital investment in, any loan to, or any acquisition of the securities or assets of, any other Person (or series of related capital investments, loans, and acquisitions) either involving more than $5,000.00 outside the Ordinary Course of Business;
(vii) Sewcal has not issued any note, bond, or other debt security or created, incurred, assumed, or guaranteed any indebtedness for borrowed money or capitalized lease obligation either involving more than $2,500.00 singly or $5,000.00 in the aggregate.
(viii) Sewcal has not delayed or postponed the payment of accounts payable and other Liabilities outside the Ordinary Course of Business;
(ix) Sewcal has not canceled, compromised, waived, or released any right or claim (or series of related rights and claims) involving more than $2,500.00 outside the Ordinary Course of Business;
(x) Sewcal has not granted any license or sublicense of any rights under or with respect to any Intellectual Property;
(xi) Sewcal has not made or authorized any change in its articles of incorporation or bylaws of any of Sewcal or its Subsidiaries;
(xii) Sewcal has not issued, sold, or otherwise disposed of any of its capital stock, or granted any options, warrants, or other rights to purchase or obtain (including upon conversion, exchange, or exercise) any of its capital stock;
(xiii) Sewcal has not declared, set aside, or paid any dividend or made any distribution with respect to its capital stock (whether in cash or in kind) or redeemed, purchased, or otherwise acquired any of its capital stock;
(xiv) Sewcal has not experienced any damage, destruction, or loss (whether or not covered by insurance) to its property outside the ordinary course of business;
(xv) Sewcal has not made any loan to, or entered into any other transaction with, any of its directors, officers, and employees outside the Ordinary Course of Business;
(xvi) Sewcal has not entered into any collective bargaining agreements, written or oral, or modified the terms of any existing such contract or agreement;
(xvii) Sewcal has not granted any increase in the base compensation of any of its directors, officers, and employees outside the Ordinary Course of Business;
(xviii) Sewcal has not adopted, amended, modified, or terminated any bonus, profit-sharing, incentive, severance, or other plan, contract, or commitment for the benefit of any of its directors, officers, and employees (or taken any such action with respect to any other Employee Benefit Plan);
(xix) Sewcal has not made any other change in employment terms for any of its directors, officers, and employees outside the Ordinary Course of Business;
(xx) Sewcal has not made or pledged to make any charitable or other capital contribution outside the Ordinary Course of Business;
(xxi) (removed)
(xxii) There has not been any other material occurrence, event, incident, action, failure to act, or transaction outside the Ordinary Course of Business involving Sewcal and/or its Subsidiaries; and
PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:
Certified and Minority Business Enterprises Reports Upon Customer request, the Contractor shall report to the requesting Customer the Contractor’s spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer’s orders. These reports shall include the period covered, the name, minority code, and Federal Employer Identification Number of each minority business utilized during the period; commodities and services provided by the minority business enterprise, and the amount paid to each minority business enterprise on behalf of the Customer.
Elements Unsatisfactory Needs Improvement Proficient Exemplary IV-A-1. Reflective Practice Demonstrates limited reflection on practice and/or use of insights gained to improve practice. May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.
Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale). Cleanup: When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre‐installation requirements. Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies.
CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).
Account Histories The Transfer Agent may receive any fees reasonably related to the cost incurred by the Transfer Agent to prepare, at the request of a shareholder, an account history or provide other research information for any year(s) prior to the calendar year in which the request is made by the shareholder.
