Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses Sample Clauses

Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses. The following acts and uses otherwise prohibited in Section III(B) above are permitted but only if such acts or uses do not materially impair the purpose of this Conservation Restriction and/or other significant conservation interests and as such are so reserved by Grantor.. The prohibited uses set forth in Section III(B) and the reserved rights set forth below have been drafted to be consistent with the history and purpose of the Town’s acquisition of the Premises and the purpose of this Restriction, that is, to facilitate the preservation and continued use of the Premises as open space for use by the public as a golf course and, when not in use as a golf course (either temporarily, or seasonally during the winter months), for passive outdoor recreation in perpetuity. Accordingly, notwithstanding any other provision of this Restriction, the following rights, uses and activities on the Premises shall be permitted by this Restriction, provided they are necessary and consistent with the purpose of this Restriction and with the protection of the conservation values of the Premises, and are in compliance with all applicable federal, state and local laws:
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Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses. Notwithstanding any of the Prohibited Acts and Uses in subparagraph A above, the Grantor reserves the right to conduct or permit the following acts and uses on the Premises, but only if such acts or uses do not materially impair the conservation values or purposes of this Conservation Restriction, and where applicable if such acts and uses have been expressly permitted by the Grantee in writing as set forth below: Forestry and Vegetation Removal. In accordance with best management practices, (a) selective pruning and cutting of trees and other vegetation to control or remove hazards, invasive species, or damage caused by disease, insects or fire, or to preserve the present condition of the Premises; and (b) following notice to the Grantee, the cutting of trees for any non-commercial purpose in accordance with a plan, prepared by an appropriate natural resources professional and approved by the Grantee, that is designed to protect the conservation values of the Premises, including without limitation, wildlife habitat, water quality and scenic values. The Conservation and Open Space Area as depicted on the Open Space Conservation Restriction use Plan dated November 1, 2017 and attached as Exhibit __ may be maintained in accordance with the Operation and Maintenance Plan of the Open Space for the homes at Port Place by Evergreen Commons LLC and further so long as said maintenance is consistent with the annual plan Approved by the Department of Public Services as set forth in that Certain Special Permit dated March 15, 2017 and recorded in Book __ Page __ in the Essex South Registry of Deeds which said maintenance includes selected mowing. Signs. The erection, maintenance and replacement of signs by the Grantor with respect to ownership, boundaries, regulations governing public use, trails, natural features, flora and fauna, and the protected conservation values.
Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses. The Grantor reserves the right, but not the obligation, to conduct or permit the following activities and uses on the Premises, which Grantee hereby acknowledges do not materially impair the purposes of this Conservation Restriction or other significant conservation interests of the Premises:

Related to Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses

  • Additional Licensing Requirements and or Use Rights a. Multiplexing. Multiplexing (sometimes referred to as “pooling”) is a manner of indirect hardware or software access (“indirect access”) that • pools connections, • reroutes information, • reduces the number of users that directly access or use the software, or • reduces the number of users the software directly manages. Any user accessing the ERP Solution through a multiplexed connection must be appropriately licensed with an Access License.

  • Reservations and Exceptions 1. Articles 3, 4, 6 and 12 shall not apply to:

  • GEOGRAPHIC AREA AND SECTOR SPECIFIC ALLOWANCES, CONDITIONS AND EXCEPTIONS The following allowances and conditions shall apply where relevant: Where the company does work which falls under the following headings, the company agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Requirements Pertaining Only to Federal Grants and Subrecipient Agreements If this Agreement is a grant that is funded in whole or in part by Federal funds:

  • Limitations and Exceptions In calculating a Recovery, the following shall not be included:

  • Leave for Storms or Hazardous Conditions (a) Time lost by an employee as a result of absence or lateness due to storm conditions or because of the condition of public streets and highways or because an employee finds it necessary to seek permission to leave prior to the end of the regular shift must be:

  • Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

  • CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.

  • Federal Requirements Pertaining to Grants and Subrecipient Agreements A. Requirement to Have a Single Audit: In the case that this Agreement is a Grant that is funded in whole or in part by federal funds, the Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report isrequired. For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required.

  • Effect of Leave Without Pay No benefits or time credit such as sick leave or vacation shall be earned during the period when an employee is absent on leave without pay.

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