Required Contractual Provisions Related to the U.S Sample Clauses

Required Contractual Provisions Related to the U.S. Special Resolution Regimes (Section 382.3 of the Proposed Rule) Under the proposal, a covered QFC would be required to explicitly provide both (a) that the transfer of the QFC (and any interest or obligation in or under it and any property securing it) from the covered entity to a transferee will be effective to the same extent as it would be under the U.S. special resolution regimes if the covered QFC were governed by the laws of the United States or of a state of the United States and (b) that default rights with respect to the covered QFC that could be exercised against a covered entity could be exercised to no greater extent than they could be exercised under the U.S. special resolution regimes if the covered QFC were governed by the laws of the United States or of a state of the United States.54 The proposal would define the term “U.S. special resolution regimes” to mean the FDI Act55 and Title II of the Xxxx-Xxxxx Act,56 along with regulations issued under those statutes.57 The proposed requirements are not intended to imply that a given covered QFC is not governed by the laws of the United States or of a state of the United States, or that the statutory stay-and-transfer provisions would not in fact apply to a given covered QFC. Rather, the requirements are intended to provide certainty that all covered QFCs would be treated the same way in the context of a receivership under the Xxxx-Xxxxx Act or the FDI Act. The stay-and- transfer provisions of the U.S. special resolution regimes should be enforced with respect to all contracts of any U.S. GSIB entity that enters resolution under a U.S. special resolution regime as 54 See proposed rule § 382.3. 55 12 U.S.C. 1811–1835a. 56 12 U.S.C. 5381–5394. 57 See proposed rule § 382.1. well as all transactions of the subsidiaries of such an entity. Nonetheless, it is possible that a court in a foreign jurisdiction would decline to enforce those provisions in cases brought before it (such as a case regarding a covered QFC between a covered FSI and a non-U.S. entity that is governed by non-U.S. law and secured by collateral located outside the United States). By requiring that the effect of the statutory stay-and-transfer provisions be incorporated directly into the QFC contractually, the proposed requirement would help ensure that a court in a foreign jurisdiction would enforce the effect of those provisions, regardless of whether the court would otherwise have decided to enforce the U.S. statutory provisions th...
Sample 1
AutoNDA by SimpleDocs

Related to Required Contractual Provisions Related to the U.S

  • Other Provisions Relating to the Grievance Procedure 1. No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation.

  • Provisions Required by Statute B8.61 Covenant against Contingent Fees. Pur- chaser warrants that no person or agency has been em- ployed or retained to solicit or secure this contract upon an agreement or understanding for a commission, per- centage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by Purchaser for the purpose of se- curing business. For breach or violation of this warranty, Forest Service shall have the right to annul this contract without liability or to require Purchaser to pay, in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

  • APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES Data exporter The data exporter is the entity identified as “Customer” in the DPA Data importer The data importer is Amazon Web Services, Inc., a provider of web services. Data subjects Data subjects are defined in Section 1.3 of the DPA. Categories of data The personal data is defined in Section 1.3 of the DPA.

  • APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES This Appendix forms part of the Clauses and must be completed by the parties. Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

  • PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included therein.

  • Additional Provisions Respecting Insurance (a) All insurance required by this Tenant Agency Compliance Agreement shall be procured and maintained in financially sound and generally recognized responsible insurance companies authorized to write such insurance in the State and selected by the entity required to procure the same. The company issuing the policies required by Section 2.1(a) hereof shall be rated “A” or better by A.M. Best Co., Inc. in Best’s Key Rating Guide. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the procuring entity is engaged. All policies of insurance required by Section 2.1 hereof shall provide for at least thirty (30) days prior written notice to the Agency of the restriction, cancellation or modification thereof. The policy evidencing the insurance required by Section 2.1(c) hereof shall name the Agency as an additional insured. All policies evidencing the insurance required by Section 2.1 (d)(ii) and (iv) shall name the Agency and the Tenant as additional insureds.

  • Relation of the Standard Contractual Clauses to the Agreement Nothing in the Agreement shall be construed to prevail over any conflicting clause of the Standard Contractual Clauses. For the avoidance of doubt, where this DPA further specifies audit and subprocessor rules in sections 5 and 6, such specifications also apply in relation to the Standard Contractual Clauses.

  • PROVISIONS REQUIRED BY LAW Each and every provision of law and clause required to be inserted into this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though it were included herein. If through mistake or otherwise, any provision is not inserted or is not inserted correctly, upon application of either Party, this Contract shall forthwith be physically amended to make such insertion or correction.

  • Violations - Remote Scaling Requirement If PURCHASER violates any of the log accountability requirements of this contract, STATE may require all logs from timber sold under the terms and conditions of this contract to be scaled at a ramp provided by PURCHASER, in a location designated by STATE. All costs associated with this additional scaling requirement shall be paid by PURCHASER. Cost of Scaling. All costs of scaling and all costs in connection with reports furnished to STATE shall be paid by PURCHASER. PURCHASER shall require the scaling organization to furnish copies each week to STATE of all scaled certificates showing gross and net volumes, by species and grade, of all logs scaled during the week. Upon request by STATE, PURCHASER shall also require the scaling organization to furnish and attach a log detail listing to each weekly scale certificate showing all STATE logs included on the certificate. Scaling Instructions. PURCHASER agrees that STATE shall provide instructions to the approved third-party scaling organization for the scaling practices to be used for timber removed from the timber sale area. Instructions shall conform to the terms of this contract, including special scales as necessary. PURCHASER shall acknowledge and sign such instructions and shall be provided a copy. Minimum Products Specifications and Special Scale information are shown on Exhibit G. Logs Damaged During Handling. Mechanical damage to logs shall be prevented during log handling. Deductions for handling damage shall not be allowed. Add-Back Volume. Scaling deduction for deterioration due to abnormal delay in removal of logs from the timber sale area shall not be allowed in determining net volume. Volume of material deteriorated due to delay in removal shall be reported to STATE and paid for at the contract price. Cost for separate reports shall be paid by PURCHASER. Special Scaling Instructions. Segment scaling or grading of logs in excess of 40 feet in gross scaling length shall use actual taper. Procedures are set forth in "Segment Scaling and Grading of Long Logs - All Species - State Forestry Department Scaling Instructions" (Westside).

  • Reportable Events Involving the Xxxxx Law Notwithstanding the reporting requirements outlined above, any Reportable Event that involves solely a probable violation of section 1877 of the Social Security Act, 42 U.S.C. §1395nn (the Xxxxx Law) should be submitted by Practitioner to CMS through the self-referral disclosure protocol (SRDP), with a copy to the OIG. If Practitioner identifies a probable violation of the Xxxxx Law and repays the applicable Overpayment directly to the CMS contractor, then Practitioner is not required by this Section III.G to submit the Reportable Event to CMS through the SRDP.

Time is Money Join Law Insider Premium to draft better contracts faster.