We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Regulatory Flexibility Sample Clauses

Regulatory Flexibility. 1. The Parties recognize the importance of relying on competitive market forces to provide a wide choice in the supply of telecommunications services. (a) In this respect, the Parties recognize that a Party may: (i) engage in direct regulation either in anticipation of an issue that the Party expects may arise, or to resolve an issue that has already arisen in the market; (ii) rely on the role of market forces, particularly with respect to market segments that are, or are likely to be competitive, or those with low barriers to entry. (b) Where a Party has engaged in direct regulation, that Party may forbear, to the extent provided for in its law, from applying a regulation to a service that the Party classifies as a public telecommunications service, if its telecommunications regulatory body determines that: (i) enforcement of the regulation is not necessary to prevent unreasonable or discriminatory practices; (ii) enforcement of the regulation is not necessary for the protection of consumers; and (iii) forbearance is consistent with the public interest, including promoting and enhancing competition between suppliers of public telecommunications services. 2. Each Party shall ensure that any supplier of telecommunications services may petition its telecommunications regulatory body to forbear from applying any specific regulation with respect to that supplier or any telecommunications services offered by that supplier. 3. Each Party shall require its telecommunications regulatory body to adopt a decision granting or denying the petition in whole or in part. 4. For greater certainty, each Party shall subject its regulatory body's decision to forbear judicial review in accordance with Article X.18 (Resolution of Disputes).]
Sample 1Sample 2Sample 3
Regulatory Flexibility. The Secretary of Commerce and Trade and VEDP acknowledge that a key component of the long-term success of the Facility, as well as the Commonwealth as a whole, will be the Commonwealth’s ability to xxxxxx an innovative economy. Therefore, the Secretary of Commerce and Trade and VEDP will actively encourage the Commonwealth’s regulatory authorities to implement forward-looking regulatory frameworks that, to the extent appropriate: (i) increase consumer choice and allow new and innovative forms of technologies and services to enter the marketplace; (ii) reassess existing laws and regulations to assure they are not unduly harming innovation and competition in pursuit of their objectives; (iii) are performance-based and technology neutral; (iv) limit prescriptive conditions on the design and operation of new technologies or devices; and (v) support environmentally-sustainable technologies and cost-competitive renewable energy.
Sample 1Sample 2
Regulatory Flexibility. The following describes the five key areas of regulatory flexibility for the Xxxxxx County Community XL Project pilot.
Sample 1
Regulatory Flexibility. Information pertaining to conformance with this ENVVEST criteria is contained in the preceding section. Additionally it should be noted that the 10 tons per year or more of ozone precursor emission reductions that will result from the implementation of this ENVVEST initiative is achieved by exceeding the requirements of existing rules and regulations. For example, boilers selected to participate will be modified to exceed current operating and regulatory efficiency thresholds. These specific reductions achieved through the utilization of innovative technology will be permanent and will not be used as a bankable emission credit for further growth at Xxxxxxxxxx AFB. However, tThis does not prohibit a net emission increase at Vandenberg. However; if Vandenberg is required to undergo a mission change or additional missions are added to the facility, and growth offsets are required to accommodate these mission changes, then such offsets must be obtained from through projects which are not part of the ENVVEST air initiative or must be acquired by the Air Force from qualified areas or sources outside Vandenberg.
Sample 1
Regulatory Flexibility. The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the state is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the federal-state relationship under the Clean Air Act, preparation of flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 000 X.X. 000, 255–66 (1976); 42 U.S.C. 7410(a)(2).
Sample 1
Regulatory Flexibility. This section is primarily intended to describe the enhanced regulatory flexibility provided under the Project XL pilot. This document discusses all Federal and State flexibility believed to be necessary to achieve the goals of this project. The parties do not anticipate the need to waive any additional State requirements, but if such action is necessary, it will be contained in the Minnesota XL permit which will be subject to public notice and comment.
Sample 1
Regulatory Flexibility. For those sectors where DEP will be seeking flexibility for federal regulations and/or policies to ensure smooth and efficient ERP implementation, DEP and EPA will develop sector-specific addenda to this FPA, which will identify the needed flexibility. See Attachment A for a list of the areas where DEP anticipates that it will be requesting flexibility for the drycleaning, and printing sectors. The inclusion of this list as part of this FPA does not constitute a formal request by DEP for regulatory flexibility, nor does it imply that EPA is granting any flexibility as part of this umbrella FPA. Requests for such flexibility will be addressed as part of the development of the sector-specific addenda outlined in Section V.
Sample 1
Regulatory Flexibility 
Sample 1Sample 2

Related to Regulatory Flexibility

  • Flexibility 6.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

  • Agreement Flexibility 8.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 8.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing—at any time.

  • WORKPLACE FLEXIBILITY The employer must ensure that any Individual Flexibility Agreement (IFA) is genuinely agreed to by the employer and the employee and result in the employee being better off overall at the time the IFA is made than the employee would have been if no IFA had been agreed to. 8.1 Notwithstanding any other provision of the Agreement, the employer and an individual employee may agree to vary the application of certain terms of the Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary are the application of those permitted under Section 172 of the FW Act, and relates only to:- 8.1.1 arrangements for when work is performed; 8.1.2 salary sacrifice arrangements; 8.1.3 reduction in ordinary hours; and 8.1.4 are not unlawful terms under Section 194 of the FW Act. 8.2 The employer and the individual employee must have genuinely made the IFA without coercion or duress. An IFA can only be entered into after the individual employee has commenced employment with the employer. 8.3 The IFA between the employer and the individual employee must: 8.3.1 be confined to a variation in the application of one or more of the terms listed in Clause 8.1; and 8.4 The IFA between the employer and the individual employee must also: 8.4.1 be in writing, name the parties to the IFA and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; 8.4.2 state each term of the Agreement that the employer and the individual employee have agreed to vary; 8.4.3 detail how the application of each term has been varied by agreement between the employer and the individual employee;

  • Regulatory Cooperation In connection with any foreclosure, collection, sale or other enforcement of Liens granted to the Administrative Agent in the Collateral Documents, Parent will, and will cause its Restricted Subsidiaries to, reasonably cooperate in good faith with the Administrative Agent or its designee in obtaining all regulatory licenses, consents and other governmental approvals necessary or (in the reasonable opinion of the Administrative Agent or its designee) reasonably advisable to conduct all aviation operations with respect to the Collateral and will, at the reasonable request of the Administrative Agent and in good faith, continue to operate and manage the Collateral and maintain all applicable regulatory licenses with respect to the Collateral until such time as the Administrative Agent or its designee obtain such licenses, consents and approvals, and at such time Parent will, and will cause its Restricted Subsidiaries to, cooperate in good faith with the transition of the aviation operations with respect to the Collateral to any new aviation operator (including, without limitation, the Administrative Agent or its designee).

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Regulatory Assistance Provider will permit regulators with jurisdiction over BFA or any BFA Recipient to examine Provider’s activities relating to its performance under this Agreement and the Services. Subject to Section 17.6, Provider will cooperate and provide all information reasonably requested by the regulator in connection with any such examination and provide reasonable assistance and access to all equipment, records, and systems requested by the regulator relating to the Services.

  • Regulatory Filing In the event that this Interconnection Service Agreement contains any terms that deviate materially from the form included in Attachment O of the Tariff, Transmission Provider shall file the Interconnection Service Agreement on behalf of itself and the Interconnected Transmission Owner with FERC as a service schedule under the Tariff within thirty days after execution. Interconnection Customer may request that any information so provided be subject to the confidentiality provisions of Section 17 of this Appendix 2. An Interconnection Customer shall have the right, with respect to any Interconnection Service Agreement tendered to it, to request (a) dispute resolution under Section 12 of the Tariff or, if concerning the Regional Transmission Expansion Plan, consistent with Schedule 5 of the Operating Agreement, or (b) that Transmission Provider file the agreement unexecuted with the Commission. With the filing of any unexecuted Interconnection Service Agreement, Transmission Provider may, in its discretion, propose to FERC a resolution of any or all of the issues in dispute between or among the Interconnection Parties.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Regulatory Issues 3.3.1 The Licensee shall be solely responsible for determining which jurisdictions they choose to market to and receive xxxxxx from. 3.3.2 The Licensee shall be responsible for determining the legality of accepting xxxxxx in whichever jurisdictions they choose to market to and receive xxxxxx from. 3.3.3 The Licensee shall indemnify UNITED for any reasonable legal costs, and fines that arise as a result of the Licensee choosing to accept xxxxxx from any jurisdiction that determines or has determined that Internet wagering is illegal.

Most Referenced Clauses

Most Referenced Definitions