Relating to Article VII, Section 14 of the Louisiana Constitution Sample Clauses

Relating to Article VII, Section 14 of the Louisiana Constitution. In entering into this agreement it is not the intent of the Parish or the IDB to enter into a gratuitous transfer of public funds because such parties expect that acquisition and redevelopment of the Project will be an "Economic Development Project" within the meaning of La. R.S. 33:9038.34, and that they will each receive something of value in return for the performance of their obligations hereunder, which is:
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Relating to Article VII, Section 14 of the Louisiana Constitution. In entering into this Agreement it is not the intent of the Commission, the City and the Parish to enter into a gratuitous transfer of public funds because the parties expect they will each receive something of value in return for the performance of their obligations hereunder. The Commission, the City and the Parish further find and determine that (a) the Commission, the City and the Parish have the legal authority to enter into this Agreement;
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Relating to Article VII, Section 14 of the Louisiana Constitution. In entering into this Agreement it is not the intent of the City and the Parish to enter into a gratuitous transfer of public funds because the parties expect they will each receive something of value in return for the performance of their obligations hereunder. The City and the Parish further find and determine that (a) the City and the Parish have the legal authority to enter into this Agreement; (b) the expenditure of the Parish funds will provide citizens traffic control services that create a public benefit and (c) there is a reasonable expectation on the part of the City and the Parish of receiving at least equivalent value in exchange for the transfer of the Parish funds.
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Relating to Article VII, Section 14 of the Louisiana Constitution. In entering into this CEA it is not the intent of the City or the IDB to enter into a gratuitous transfer of public funds because such parties expect that the use of the assets of the City and the IDB by the respective parties will be for public purposes, and that they will each receive something of value in return for the performance of their obligations hereunder, which in both cases is the creation of jobs, payroll and other economic development benefits from the Project described above in and around the City, and the enhancement of the property tax and sales tax base of the City. Additionally, the City and the IDB will have reciprocal obligations relating to the satisfaction of the additional requirements set forth herein with respect to the allocation, expenditure and use of the payments provided for herein. The City and the IDB further find and determine that (a) each of them has the legal authority to enter into this CEA, (b) the use of the resources and assets of the City and the IDB in the manner provided for herein is fair, equitable and reasonable, and shall not constitute a gratuitous transfer of public funds, and (c) there is a reasonable expectation on the part of both the City and the IDB of receiving at least equivalent value in exchange for the agreements contained herein.
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Relating to Article VII, Section 14 of the Louisiana Constitution. In entering into this Agreement, it is not the intent of the Governmental Entities to enter into a gratuitous transfer of public funds because the parties expect the use of the funds will determine whether inequities exist in their respective public procurement and contracting practices, specifically relating to minority and women owned businesses; and they will each receive something of value in return for the performance of their obligations hereunder. Additionally, the Governmental Entities will have reciprocal obligations further described herein. The Governmental Entities further find and determine that (a) the Governmental Entities have the legal authority to enter into this Agreement; (b) the expenditure of the Governmental Entities’ funds will finance a disparity study which creates a public benefit and (c) there is a reasonable expectation on the part of the Governmental Entities of receiving at least equivalent value in exchange for the transfer of the Governmental Entities’ funds.
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Related to Relating to Article VII, Section 14 of the Louisiana Constitution

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Agreements Relating to Sentencing 10. The government agrees to recommend that the Court impose a sentence of imprisonment within the applicable guidelines range and to make no further recommendation concerning what sentence of imprisonment should be imposed.

  • With reference to Article 5 It is understood that the term “permanent establishment” also includes the furnishing of services by an enterprise of a Contracting State through employees or other personnel engaged by the enterprise for such purpose, but only where the activities of such employees or personnel are performed in the territory of the other Contracting State for a period or periods aggregating more than 183 days within any twelve-month period.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits. [SIGNATURES BELOW]

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Governing Law; Severability; Rules of Construction This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word “may” gives sole discretion without any obligation to take any action.

  • Choice of Law clauses for TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. 8

  • The following sections of Section 4 OGS Centralized Contract Terms and Conditions have been renumbered as depicted in the following chart: Current Amended Section Title 4.25 4.26 Severability 4.26 4.27 Entire Agreement

  • SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT I.1.1. The subject of the Contract is [short description of subject].

  • Suspension of Rules Relating to Recalcitrant Accounts The United States shall not require a Reporting [FATCA Partner] Financial Institution to withhold tax under section 1471 or 1472 of the U.S. Internal Revenue Code with respect to an account held by a recalcitrant account holder (as defined in section 1471(d)(6) of the U.S. Internal Revenue Code), or to close such account, if the U.S. Competent Authority receives the information set forth in paragraph 2 of Article 2 of this Agreement, subject to the provisions of Article 3 of this Agreement, with respect to such account.

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