Decisions of the Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties, but in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of any discharge or a discipline grievance by any arrangement which in its opinion it deems just and equitable.
IMPLICATIONS OF THE LISTING RULES As one or more of the applicable percentage ratios (as defined in the Listing Rules) of the transactions under the Finance Lease Agreement are more than 5% but less than 25%, the transactions under the Finance Lease Agreement constitute discloseable transactions of the Company under Chapter 14 of the Listing Rules, and are subject to the announcement and reporting requirements under the Listing Rules.
Determinations of Director Pursuant to the Act and Section II of the Agreement and subject to the remaining terms and provisions of the Agreement and all Appendices thereto, the Director hereby determines that the financial assistance to be provided by the OPWC to the Recipient is in compliance with the Act and is provided to the Recipient for the sole and express purpose of financing the Eligible Project Cost and/or reimbursing the Recipient for such Eligible Project Cost.
Representations and Recommendations Unless otherwise stated in writing, neither Xxxxxxxx Realty Inc, nor its brokers or licensees have made, on their own behalf, any representations or warranties, express or implied, with respect to any element of the Property including but not limited to, the legal sufficiency, legal effect, or tax consequences of this transaction. Any information furnished by either party should be independently verified before that party relies on such information. Xxxxxxxx Realty Inc. recommends that Buyer consult its attorneys and accountants before signing this Agreement regarding the terms and conditions herein and that Seller satisfy itself as to the financial ability of Buyer to perform.
Conclusion and Recommendations D. Evaluations for Offenders without a sex offense conviction shall answer the following additional referral questions in the evaluations:
Representations of the Parties Each party hereto hereby further represents and warrants to the other that: (i) it is registered as an investment adviser under the Advisers Act and is registered or licensed as an investment adviser under the laws of all jurisdictions in which its activities require it to be so registered or licensed; and (ii) it will use its reasonable best efforts to maintain each such registration or license in effect at all times during the term of this Agreement; and (iii) it will promptly notify the other if it ceases to be so registered, if its registration is suspended for any reason, or if it is notified by any regulatory organization or court of competent jurisdiction that it should show cause why its registration should not be suspended or terminated; and (iv) it is duly authorized to enter into this Agreement and to perform its obligations hereunder. The Sub-Adviser further represents that it has adopted a written Code of Ethics in compliance with Rule 17j-1(b) of the ICA. The Sub-Adviser shall be subject to such Code of Ethics and shall not be subject to any other Code of Ethics, including the Investment Manager's Code of Ethics, unless specifically adopted by the Sub-Adviser. The Investment Manager further represents and warrants to the Sub-Adviser that (i) the appointment of the Sub-Adviser by the Investment Manager has been duly authorized and (ii) it has acted and will continue to act in connection with the transactions contemplated hereby, and the transactions contemplated hereby are, in conformity with the ICA, the Company's governing documents and other applicable law.
Representations of the District The District represents, covenants and warrants to the Developer as follows:
Conclusions and Recommendations The demonstration and evaluation process provided an opportunity to test community specific tools with a range of end users from the memory institution domain and to gain greater insight into both the current and future evolution of the SHAMAN prototypes for preservation, access and re-use. Xxxx et al. (2000) in their user evaluation study of the Alexandria Digital Library which incorporated the evaluation of a Web prototype by earth scientists, information specialists and educators raised four key questions in relation to their findings that SHAMAN may be well advised to consider, they are paraphrased here with our conclusions from the investigations. What have we learned about our target organizations and potential users? Memory institutions are most definitely not a homogenised group; their needs and requirements differ greatly across the domain. Representatives of the archives community are agreed on the benefits of SHAMAN‟s authenticity validation function. The representatives of government information services remained unconvinced as to the need or benefit of grid technologies or distributed ingest while librarians saw the value of grid access as an asset of the framework. What have we learned about the evaluation approach for digital preservation? Within the limits of the exercise, in terms of time-frame and resources, the approach adopted has generated useful information for the further development of demonstrators and for the development of the SHAMAN framework overall. What have we learned about the SHAMAN ISP1 demonstrator? Respondents to the evaluation questionnaires and the focus groups indicate that, overall, the presentation of the demonstrator worked effectively and that, in general, participants in the demonstration and evaluation events were able to understand the intentions of the demonstration and to apply the ideas presented to their own context. What have we learned about the applicability of the SHAMAN framework to memory institutions? Respondents to the questionnaires and participants in the focus groups readily identified the value of the SHAMAN framework to their own operations. The majority had not yet established a long-term digital preservation policy, but recognized the need. Generally, the concepts of distributed ingest and grid operations found favour. Virtually all practitioners in the focus groups, however, drew attention to need of a lower level demonstration that would be closer to their everyday preservation troubles, especially for digital preservation to be applied to non-textual materials, such as film, photographs and sound archives. In addition to the criteria suggested by Xxxx et al., we can add a further project-related question: What have we learned that has implications for the training and dissemination phase of the Project? It was not part of the remit of the demonstration and evaluation specifically to discover information of relevance to the training and dissemination function. However, a number of factors will affect the efficacy of any training programme in particular. o First, no common understanding of digital preservation can be assumed of the potential target audiences for training. Consequently, it is likely that self-paced learning materials will be most effective in presenting the SHAMAN framework. o Secondly, the aims of SHAMAN as a project must be conveyed clearly: specifically, that it is a kind of „proof-of-concept‟ project and is not intended to deliver a package of programs capable of being implemented by institutions. o Thirdly, it needs to be emphasised that the SHAMAN framework is not limited to text documents; it can be applied to materials of all kinds. However, the demonstrations relate to bodies of material that were actually available for use. o Fourthly, the existing presentation materials are capable of being adapted for use in training activities. o Finally, the target audiences will appreciate the possibility of online access to the demonstrator, which will need to have very great ease of access in order that people with diverse backgrounds are able to use it with equal facility. We believe that, overall, WP14 has met its aims and objectives in this demonstration and evaluation of ISP1. Valuable lessons have been learnt by all parties involved, which will be transferred to the evaluation of ISP2 in the coming months.
Representations of Members (Check if Applicable) ☐ - MULTI-MEMBER: Each of the Members represents, warrants and agrees that the Member is acquiring the interest in the Company for the Member’s own account for investment purposes only and not with a view to the sale or distribution thereof; the Member, if an individual, is over the age of 21; if the Member is an organization, such organization is duly organized, validly existing and in good standing under the laws of its State of organization and that it has full power and authority to execute this Agreement and perform its obligations hereunder; the execution and performance of this Agreement by the Member does not conflict with, and will not result in any breach of, any law or any order, writ, injunction or decree of any court or governmental authority against or which binds the Member, or of any agreement or instrument to which the Member is a party; and the Member shall not dispose of such interest or any part thereof in any manner which would constitute a violation of the Securities Act of 1933, the Rules and Regulations of the Securities and Exchange Commission, or any applicable laws, rules or regulations of any State or other governmental authorities, as the same may be amended.
Recommendation The Sheriff recommends approval of the Board Order. The County Administrator concurs with the recommendation of the Sheriff. Should the Board of Commissioners concur with their recommendations, approval of the Board Order will implement that action. Respectfully submitted, /s/ XXXXX XXXXXX Xxxxx Xxxxxx County Administrator
