Second Look Program. At any time during the Term of this Agreement, Zale may request in writing that Citi Commerce work with Zale to develop one or more `Second Look Programs’ (each a “Second Look Program”) which are designed to offer credit services to certain Applicants who do not otherwise qualify for the issuance of an Account under Citi Commerce’s then current Account Issuance Criteria. In such event, Citi Commerce will use good faith efforts to develop and present to Zale, no later than ninety (90) days after the date of any such request, an initial draft of the Second Look Program; provided that this provision will not be deemed to create any obligation on the part of Citi Commerce or Zale to implement such a Second Look Program. If, after the expiration of any such 90-day period Citi Commerce notifies Zale that Citi Commerce cannot or will not develop a Second Look Program, or Zale and Citi Commerce attempt to negotiate the terms and conditions of such a Second Look Program but are unable to do so within a reasonable period of time (not to exceed 45 days after presentation of a proposed Second Look Program by Citi Commerce to Zale), then Zale will be free to negotiate and enter into a Second Look Program with any other Person. Notwithstanding the foregoing, if Zale proposes to enter into a Second Look Program with a Person other than Citi Commerce, Zale will notify Citi Commerce in writing of the material terms of such proposal (“Second Look Notice”), and Citi Commerce will have a right for a period of ten (10) Business Days from receipt of Zale’s aforesaid notice to agree to enter into the Second Look Program with Zale upon the same terms and conditions as those set forth in Zale’s aforesaid notice. Citi Commerce will notify Zale within such ten (10) Business Day-period whether it desires to enter into the Second Look Program with Zale upon the same terms and conditions as those set forth in the Second Look Notice. If Citi Commerce notifies Zale that it elects not to enter into such Second Look Program, or if Citi Commerce fails to so notify Zale within such ten (10) Business Day-period (in which case, Citi Commerce will be deemed to have elected not to enter into the Second Look Program with Zale), Zale will be free to enter into the Second Look Program with another Person upon terms and conditions no less favourable to Zale than those specified in the Second Look Notice. If Citi Commerce notifies Zale that Citi Commerce desires to enter into a Second Look Program up...

Second Look Program. Notwithstanding Section 2.2(a), the Macy’s Companies and their Affiliates shall have the right at any time during the Term to establish a program (a “Second Look Program”) for issuing, whether through a Macy’s Affiliate and/or one or more third party issuers, Credit Cards using the Macy’s Licensed Marks, to customers whose Credit Card Applications have been declined by Bank and to customers whose Credit Card Applications were submitted at POS or online and have been declined (including following a referral of such application) or have not received a system response within [redacted] of submission thereof; provided that neither the Macy’s Companies nor their Affiliates shall market or promote the Second Look Program other than (i) through signage and application “take ones” displayed in Macy’s Channels that provide no more prominence to the products offered by the Second Look Program provider than to the Macy’s Credit Cards, (ii) materials provided to a Person at the time of submission of a Credit Card Application by such Person and (iii) promotions limited solely to Persons whose Credit Card Applications have been declined by Bank or who have not received a system response within [redacted] of submission thereof. For the avoidance of doubt, (A) any Credit Card Application that is approved for an initial credit line consistent with the minimum credit lines provided by Bank for the Program shall not be deemed a decline for the purposes of this Section 2.2(b), (B) a referral of a Credit Card Application shall be deemed a response for purposes of this Section 2.2(b) and (C) Bank shall not alter its policies for “pending” or “referring” Credit Card Applications with the purpose of, or in a manner that would be reasonably expected to have the effect of, delaying declines from the timeframe decisioned as of the Effective Date, unless such change in policy is a change in Risk Management Policy adopted pursuant to Section 4.6 of this Agreement. Without limiting the confidentiality obligations of the Macy’s Companies pursuant to this Agreement, at the reasonable discretion of Macy’s, to the extent permitted by Applicable Law, the Second Look Program may be similar or identical to the Program in its terms, features and appearance and a description of the Second Look Program and the products offered thereby may be included on the documentation that includes the Credit Card Documentation delivered at the time of application for the Macy’s Credit Cards; provided that (1...

Second Look Program. 6.10.1 Notwithstanding Section 6.9, Retailer may, by itself or through designated third party providers, offer a source of credit, including the issuance of another credit card pursuant to another credit card program to those Customers whose Credit Card Applications have been declined by Bank or involuntarily closed in any channel (each, a “Decline”) in accordance with this Section 6.10; provided, however, that (i) any such offer may only be made to a Person after such Person has become a Decline (“Second Look Program”), and (ii) Retailer shall have provided Bank an opportunity to participate in the bidding process for the Second Look Program. 6.10.2 To the extent Retailer offers a Second Look Program as set forth in Section 6.10.1, either itself or through a third party, at Retailer’s sole expense, Retailer shall take commercially reasonable steps to ensure that (i) the Second Look Program does not materially interfere with the Program and (ii) the cards issued in connection with the Second Look Program are not confusingly similar to the Credit Card and advertisements, forms and collateral are conducted and designed in a way to avoid customer confusion between the Second Look Program issuer and Bank as the issuer of the Credit Card. Furthermore, to the extent Retailer offers a Second Look Program via a third party, in order to present a seamless presentation of the Second Look Program to a Customer, Bank shall, to the extent permitted by Applicable Law, cooperate with Retailer and provide such support as is reasonably necessary for Retailer to establish and implement such Second Look Program, and the Parties shall work in good faith through the Management Committee to determine the preferred functions and processes in an attempt to make a seamless presentation of the Second Look Program to Declines. Retailer shall be responsible for providing the third party with all application data. Bank shall cooperate with Retailer in connection with the provision of such information to the third party including by adding any necessary disclosures on Applications that would allow for Retailer’s sharing of Credit Card Application data with the Second Look Program provider. Retailer shall be responsible for all incremental expenses of Bank associated with the Second Look Program, including any necessary systems development.

Second Look Program. Notwithstanding any restrictions in Section 2.5(a), Section 2.5(b) or Section 2.5(c), Company shall have the right at any time during the Term to establish a Second Look Program in accordance with and subject to the provisions set forth in clause (j) of Schedule 4.5.

Second Look Program. (a) The Company agrees to use commercially reasonable efforts to (i) facilitate internet Credit Card Applications and usage by presenting Credit Card payment opportunities on the Company’s website no less favorably than it presents other accepted payment products and (ii) maintain links to all electronic forms for internet Credit Card Applications in positions on the Company’s websites reasonably designed by the Company to promote such usage or as otherwise mutually agreed between the Company and the Bank. (b) If, after March 31, 2012, the Internet Approval Rate for the applications received over the internet is less than the Applicable Internet Approval Rate Threshold then in effect, the Company may request in writing that the Bank modify the credit underwriting standards for such applications to increase such approval rate above such level. The Bank will notify the Company no later than fifteen (15) days after receipt of such a request whether the Bank, in its sole discretion, is willing to make modifications reasonably designed to increase the approval rate to such level, in which case the Bank will implement such modifications no later than forty-five (45) days after informing the Company of such decision. (c) If (i) the Bank chooses to implement any modifications pursuant to subsection (b) and the Internet Approval Rate for the internet channel on the date that is three full months after the earlier of the implementation of such modifications and the date on which the Bank was required to implement such modifications is less than the Applicable Internet Approval Rate Threshold then in effect or (ii) the Bank chooses not to implement any modifications pursuant to subsection (b) or fails to notify the Company of its decision whether or not to implement modifications by the date required above, then, so long as the Company has not exercised its right under Schedule 5.04 to terminate the origination of Program I Accounts, the Saks Companies shall have the right during the Term to establish a program (a “Second Look Program”) for a credit product that (x) is usable solely to make purchases over the internet (it being agreed that the Company shall not furnish Company-provided hardware devices, such as kiosks, for the purpose of providing customers with access to such credit product in its brick and mortar Stores), (y) will be provided to customers whose internet Credit Card Applications have been declined by the Bank and (z) does not use the Saks Marks othe...

Second Look Program. If a new account application is declined, it may be reviewed for secondary credit approval as part of a Second Look Program, subject to the following special guidelines: (1) BNB USA and Merchant shall mutually agree upon the criteria for Selecting the declined account applications which will be included in the Second Look Program. (2) Declined account applications in the Second Look Program will be placed in a separate queue, which may be accessed by Merchant's employees. Merchant's employees may approve applications in this queue as they deem appropriate. (Accounts approved under the Second Look Program will hereinafter be referred to as "Recourse Accounts"). (3) If a Recourse Account becomes one hundred twenty (120) days delinquent on a recency basis, if a bankruptcy petition is filed by or against a Cardholder with a Recourse Account, or if a Recourse Account is affected by fraud, Merchant will purchase the Account and the receivables thereon. The purchase amount will include the total balance, including any accrued interest, late fees and other fees, whether accrued or assessed to the Account, and may be implemented by BNB USA debiting the daily settlement payment to Merchant for the amount of the purchase. If there are insufficient funds from which to draw such payment, Merchant must reimburse BNB USA within three (3) business days. If Merchant does not reimburse BNB USA, BNB USA may draw such payment from a reserve or letter of credit as set forth in Section 9(D)(7) below. On a quarterly basis, BNB USA will reimburse Merchant for .75% of the average receivables outstanding from Recourse Accounts during each quarter, not to exceed the amount purchased by Merchant pursuant to this Section 9(D)(3). (4) Recourse Accounts which are purchased by Merchant pursuant to Section 9(D)(3) will be sent to the appropriate collection agencies, and shall be treated in the same manner and billed at the same rates as other accounts sent to collection agencies by BNB USA. Any amount collected on Recourse Accounts purchased by Merchant may be used by BNB USA to offset any amounts owed to BNB USA by Merchant under Section 9(D)(3). Merchant shall be responsible for all expenses associated with the collection efforts described in this Section 9(D)(4), including BNB USA's expense for maintaining files on the Recourse Accounts which are in collection. (5) Recourse Accounts will be subject to a credit limit not to exceed the amount of the initial sale. Recourse Accounts will n...

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E-Verify Program Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America.
Program Budget A) Contractor will expend funds received for operation of its program and services according to Contractor’s annual operating budget. The portions of said budget, which reflect services performed or money paid to Contractor pursuant to this Agreement shall be subject to the approval of the Human Services Agency. B) In the event Contractor determines a reasonable business necessity to transfer funding between personnel and operating expenses specified in the budget submitted to the Human Services Agency the following will apply: 1. Contractor will notify the Human Services Agency of transfers that in the aggregate are between ten percent (10%) and twenty percent (20%) of the maximum contract amount.
Program Overview Microsoft extends to eligible partners the opportunity to participate in the Program referenced above subject to these Program Terms & Conditions (“Program Terms”). Each entity participating in the Program is hereinafter referred to as a “Participant.” Participation in the Program is voluntary. The Program is governed by the Program Terms, which incorporate by reference the Microsoft Partner Network Agreement (as in effect between Microsoft and Participant, the “MPN Agreement”). Capitalized terms used but not defined in these Program Terms have the meanings assigned to them in the MPN Agreement. These Program Terms are subject to local requirements and may vary by jurisdiction, and Participant retains sole discretion to set pricing for sales of applicable products.
COOPERATIVE PURCHASING PROGRAM PARTICIPATION Arkansas' Purchasing Law provides that local public procurement units (counties, municipalities, school districts, certain nonprofit corporations, etc.) may participate in state purchasing contracts. The contractor therefore agrees to sell to Cooperative Purchasing Program participants at the option of the program participants. Unless otherwise stated, all standard and special terms and conditions listed within the contract must be equally applied to such participants.
Investment Program The Subadviser is hereby authorized and directed and hereby agrees, subject to the stated investment objective and policies of the Fund as set forth in the Trust’s current Registration Statement and subject to the supervision of the Adviser and the Board of Trustees of the Trust, to (i) develop and furnish continuously an investment program and strategy for the Fund in compliance with the Fund’s investment objective and policies as set forth in the Trust’s current Registration Statement, (ii) provide research and analysis relative to the investment program and investments of the Fund, (iii) determine (subject to the overall supervision of the Board of Trustees of the Trust) what investments shall be purchased, held, sold or exchanged by the Fund and what portion, if any, of the assets of the Fund shall be held in cash or cash equivalents, and (iv) make changes on behalf of the Trust in the investments of the Fund. In accordance with paragraph 2(ii)(b), the Subadviser shall arrange for the placing of all orders for the purchase and sale of securities and other investments for the Fund’s account and will exercise full discretion and act for the Trust in the same manner and with the same force and effect as the Trust might or could do with respect to such purchases, sales or other transactions, as well as with respect to all other things necessary or incidental to the furtherance or conduct of such purchases, sales or transactions. The Subadviser will make its officers and employees available to meet with the Adviser’s officers and directors on due notice at reasonable times to review the investments and investment program of the Fund in light of current and prospective economic and market conditions. The Subadviser is authorized on behalf of the Fund to enter into agreements and execute any documents required to make investments pursuant to the Prospectus as may be amended from time to time. The Subadviser’s responsibility for providing portfolio management services hereunder shall be limited to only those assets of the Fund which the Adviser determines to allocate to the Subadviser (those assets being referred to as the “Fund Account”), and the Subadviser agrees that it shall not consult with any investment advisor(s) (within the meaning of the 0000 Xxx) to the Fund or any other registered investment company or portfolio series thereof under common control with the Fund concerning transactions for the Fund Account in securities or other assets such that the exemptions under Rule 10f-3, Rule 12d-3 and/or Rule 17a-10 under the 1940 Act would not be available with respect to the Fund. The Subadviser shall exercise voting authority with respect to proxies that the Fund is entitled to vote by virtue of the ownership of assets attributable to that portion of the Fund for which the Subadviser has investment management responsibility; provided that the exercise of such authority shall be subject to periodic review by the Adviser and the Trustees of the Trust; provided, further that such authority may be revoked in whole or in part by the Adviser if required by applicable law. The Subadviser shall exercise its proxy voting authority hereunder in accordance with such proxy voting policies and procedures as the Trust may designate from time to time. The Subadviser shall provide such information relating to its exercise of proxy voting authority hereunder (including the manner in which it has voted proxies and its resolution of conflicts of interest) as reasonably requested by the Adviser from time to time. In the performance of its duties hereunder, the Subadviser is and shall be an independent contractor and except as expressly provided for herein or otherwise expressly provided or authorized shall have no authority to act for or represent the Fund or the Trust in any way or otherwise be deemed to be an agent of the Fund, the Trust or of the Adviser. If any occasion should arise in which the Subadviser gives any advice to its clients concerning the shares of a Fund, the Subadviser will act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund.
Alignment with Modernization Foundational Programs and Foundational Capabilities The activities and services that the LPHA has agreed to deliver under this Program Element align with Foundational Programs and Foundational Capabilities and the public health accountability metrics (if applicable), as follows (see Oregon’s Public Health Modernization Manual, (xxxx://xxx.xxxxxx.xxx/oha/PH/ABOUT/TASKFORCE/Documents/public_health_modernization_man ual.pdf): a. Foundational Programs and Capabilities (As specified in Public Health Modernization Manual) b. The work in this Program Element helps Oregon’s governmental public health system achieve the following Public Health Accountability Metric: c. The work in this Program Element helps Oregon’s governmental public health system achieve the following Public Health Modernization Process Measure:
Educational Program A. DSST PUBLIC SCHOOLS shall implement and maintain the following characteristics of its educational program in addition to those identified in the Network Contract at DSST XXXX MIDDLE SCHOOL (“the School” within Exhibit A-3). These characteristics are subject to modification with the District’s written approval:
Leave Donation Program Employees may donate paid leave to a fellow employee who is otherwise eligible to accrue and use sick leave and is employed by the same Agency. The intent of the leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness or injury of the employee or a member of the employee's immediate family. The definition of immediate family as provided in rule 123:1-47-01 of the Administrative Code shall apply for the leave donation program. A. An employee may receive donated leave, up to the number of hours the employee is scheduled to work each pay period, if the employee who is to receive donated leave: 1. Or a member of the employee's immediate family has a serious illness or injury; 2. Has no accrued leave or has not been approved to receive other state-paid benefits; and 3. Has applied for any paid leave, workers' compensation, or benefits program for which the employee is eligible. Employees who have applied for these programs may use donated leave to satisfy the waiting period for such benefits where applicable, and donated leave may be used following a waiting period, if one exists, in an amount equal to the benefit provided by the program, i.e. fifty six hours (56) pay period may be utilized by an employee who has satisfied the disability waiting period and is pending approval, this is equal to the seventy percent (70%) benefit provided by disability. B. Employees may donate leave if the donating employee: 1. Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned; 2. Donates a minimum of eight hours; and 3. Retains a combined leave balance of at least eighty hours. Leave shall be donated in the same manner in which it would otherwise be used except that compensatory time is not eligible for donation. C. The leave donation program shall be administered on a pay period by pay period basis. Employees using donated leave shall be considered in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit. D. Employees who wish to donate leave shall certify: 1. The name of the employee for whom the donated leave is intended; 2. The type of leave and number of hours to be donated; 3. That the employee will have a minimum combined leave balance of at least eighty hours; and 4. That the leave is donated voluntarily and the employee understands that the donated leave will not be returned. E. Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee's right to privacy, however appointing authorities may, with the permission of the employee who is in need of leave or a member of the employee's immediate family, inform employees of their co-worker's critical need for leave. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.
Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting
Please see the current Washtenaw Community College catalog for up-to-date program requirements Conditions & Requirements

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