Required Performance. For the warrants to be earned and exerciseable, the Holder either by itself or through his affiliated entities, requires a close price of $.10 per share for five trading days.
Required Performance. (a) In the event that Participant is employed by Ingram or one of its Affiliates on March 1, 2006, and has been continuously employed by Ingram and or one or more of its Affiliates throughout such period, Participant shall be entitled to a lump sum cash retention payment in the amount specified in Section 3 below.
(b) Participant shall not be entitled to receive any payment under this Award Agreement if his employment with Ingram and its Affiliates terminates at any time prior to March 1, 2006 as a result of Participant's resignation for any reason other than his Disability.
(c) Participant shall not be entitled to receive any payment under this Award Agreement if his employment with Ingram or any of its Affiliates is terminated by Ingram or any of its Affiliates at any time prior to March 1, 2006 for: (1) Cause, or (2) Participant's refusal to accept a transfer of his principal office location to Ingxxx'x xxen corporate headquarters or any of its then regional headquarters.
(d) Unless payment is precluded as specified under Sections 2(b) or (c) above, if Participant's employment with Ingram and its Affiliates is terminated prior to March 1, 2006 and such termination is: (1) initiated by Ingram or any of its Affiliates, or (2) the result of Participant's death or Disability, Participant shall be entitled to receive a prorated portion of the target payment amount specified in Section 3 below calculated by multiplying such target payment by a fraction, the numerator of which is the number of days elapsed from and including the date of the Award and ending on the date of such termination and the denominator of which is 1,786. A change in Participant's duties or a change in Participant's employer to another entity among Ingram and its Affiliates shall not be deemed a termination of employment initiated by Ingram or any of its Affiliates.
(e) As used herein, the term "Cause" means the occurrence of any one or more of the following:
Required Performance. The failure of either party to this Agreement to require the performance of any term of this Agreement or the waiver by either party of any breach under this Agreement shall not prevent the subsequent enforcement of such term and shall not be deemed a waiver of any subsequent breach.
Required Performance. 1. Effective administration and management of this grant project.
2. Maintenance of all project records.
3. Timely submittal of all required performance items, progress reports, and financial vouchers.
4. Submittal of draft project completion report to the DEPARTMENT’s Project Manager no later than November 15, 2011.
Required Performance. Agency agrees that, whether during the contract term or thereafter, it will do all necessary acts and sign any and all documents, contract amendments and/or supplemental agreements which may be required or necessary to maintain grant status and/or to satisfy requirements by federal, state, county and grant providers or which may be required to maintain or to obtain additional grant funds applicable to the term set forth in this Agreement.
Required Performance. (a) More than 50% of employee housing units required to meet the demands generated by the Project, as determined in the Plan, will be supplied within the SPA boundaries.
(b) All "rental" employee housing units shall be located within the SPA boundaries. "For sale" employee housing units may be located either within the SPA boundaries or elsewhere in the Snyderville Basin and/or Park City area. The 20 rental employee housing units owned by the Master Developer and located in Prospector Square are allowable under this Amended Agreement and shall be considered a credit against the required total housing requirements determined in the Plan provided that these units are restricted for employee use only and used by employees who must meet the criteria of subparagraph (e) below.
(c) A package of ownership subsidy and gap financing programs will be offered through the partners to eligible employees.
(d) All employee housing programs will be developed proportionate to the percent of employees generated from development completed in all Development Areas except:
Required Performance. Applicants shall timely carry out all steps required to be performed and maintain all commitments set forth in this Agreement and as set forth in County laws, ordinances, rules and regulations as they pertain to the Subject Property including, but not limited to, those concerning the commencement of development, completion of development, preliminary platting and final platting.
Required Performance. 1. The RECIPIENT will perform sampling following the approved Quality Assurance Project Plan.
2. The RECIPIENT will input all sampling data into EIM at least yearly.
Required Performance. 1. The RECIPIENT will conduct sanitary surveys at properties associated with high fecal coliform or nutrient sample results, conduct dye tests, and work with the county On-site Team and the homeowner to correct the septic problem.
2. The RECIPIENT will provide homeowners with information on best practices regarding OSS operation and maintenance, and keeping fecal coliform and nutrients from entering the Canal.
Required Performance. 1. The RECIPIENT will participate in two events providing information to North Shore area residents on proper operation and maintenance of OSSs.
2. The RECIPIENT will submit data and supporting material in the form of a summary report to the county Web site.
3. The RECIPIENT will provide the DEPARTMENT with two copies of any tangible educational products developed under this grant.
