Settled actions Sample Clauses

Settled actions. In the case of an individual who settled a civil action described in Section 405(c)(3)(C) of the Act, such individual may not submit a claim under this title unless such ac- tion was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to Jan- uary 2, 2011. § 104.62 Time limit on filing claims.
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Related to Settled actions

  • Required Actions (a) Each of the parties shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and do, or cause to be done, and assist and cooperate with the other parties in doing, all things reasonably appropriate to consummate and make effective, as soon as reasonably possible, the Merger and the other transactions contemplated by this Agreement.

  • RECOMMENDED ACTION It is respectfully requested that the Procurement Committee recommend to the Aviation Authority Board approval of an Amendment to Addendum 47 to the Continuing Environmental Engineering Consulting Services with Terracon Consultants Inc. for the services contained herein and the amount as shown below: Not-to-Exceed Fees $22,696.00 Lump Sum Fees $0.00 Not-to-Exceed Expenses $7,860.00 TOTAL $30,556.00 AAC – Compliance Review Date 3/14/23 AAC – Funding Eligibility Review Date 3/15/23 ATTACHMENTS Attachment A: Finance Form Attachment B: OSBD Memo ATTACHMENT A FINANCE FORM Date: Requestor’s Name: Preparer’s Name: Requestor’s Department: Description: Vendor: March 13, 2023 Xxx Xxxxxxxxxx Xxx Xxxxxxxxxx Planning Amd. Add. 47 - Additional FY23 Industrial User Discharge Permit Terracon Consultants, Inc. Requestor’s Extension: Preparer’s Extension: Solicitation #: Contract # / Name: Procurement Committee Date: Agenda Item #: 3463 3463 Terracon Consultants Inc. March 28,2023 NON-PROJECT FUNDS: O&M Account Code Format: xxx.xxx.xxx.xxxxxxx.xxx.xxxxxx FY 23 Amount FY24 Amount FY25 Amount FY26 Amount FY27 Amount TOTAL CONTRACT 301.712.170.5310010.000.000000 $30,556.00 Total Requisition: $30,556.00 Requisition Number: 93785 Funding Approver: 03/15/23 OMB Notes: 0000 Xxx Xxxx Winter Park, FL 32789 P (000) 000-0000 F (000) 000-0000 Xxxxxxxx.xxx March 8, 2023 Greater Orlando Aviation Authority 0000 Xxxxx Xxxx Orlando, Florida 32827 Attention: Xx. Xxx Xxxxxxxxxx Telephone: 000-000-0000 E-mail: XXxxxxxxxxx@xxxx.xxx Re: Proposal for 2023 Industrial User Discharge Compliance Monitoring Activities Orlando International Airport Lift Stations Orlando, Orange County, Florida Terracon Proposal No. XX0000000 Dear Xx. Xxxxxxxxxx: As per your request, the following is Terracon’s scope of services and associated costs for activities related to the continuation of compliance sampling, analyses and reporting activities at four (4) lift stations at the Orlando International Airport through September 30, 2023. This proposal outlines the project and presents the costs to perform the below described scope of services. The compliance monitoring activities are required pursuant to the Greater Orlando Aviation Authority’s (GOAA) Industrial User Discharge Permit (IUDP) No. CO106TA issued by the City of Orlando (City).

  • Notice of Proposed Actions (a) In case the Company, after the Distribution Date, shall propose (i) to effect any of the transactions referred to in Section 11(a)(i) or to pay any dividend to the holders of record of its Preferred Stock payable in stock of any class or to make any other distribution to the holders of record of its Preferred Stock (other than a regular periodic cash dividend), or (ii) to offer to the holders of record of its Preferred Stock or options, warrants, or other rights to subscribe for or to purchase shares of Preferred Stock (including any security convertible into or exchangeable for Preferred Stock) or shares of stock of any other class or any other securities, options, warrants, convertible or exchangeable securities or other rights, or (iii) to effect any reclassification of its Preferred Stock or any recapitalization or reorganization of the Company, or (iv) to effect any consolidation or merger with or into, or to effect any sale or other transfer (or to permit one or more of its Subsidiaries to effect any sale or other transfer), in one or more transactions, of more than 50% of the assets or earning power of the Company and its Subsidiaries (taken as a whole) to, any other Person or Persons, or (v) to effect the liquidation, dissolution or winding up of the Company, then, in each such case, the Company shall give to each holder of record of a Right Certificate, in accordance with Section 26 hereof, notice of such proposed action, which shall specify the record date for the purposes of such transaction referred to in Section 11(a)(i), or such dividend or distribution, or the date on which such reclassification, recapitalization, reorganization, consolidation, merger, sale or transfer of assets, liquidation, dissolution or winding up is to take place and the record date for determining participation therein by the holders of record of Preferred Stock, if any such date is to be fixed, and such notice shall be so given in the case of any action covered by clause (i) or (ii) above at least 10 days prior to the record date for determining holders of record of the Preferred Stock for purposes of such action, and in the case of any such other action, at least 10 days prior to the date of the taking of such proposed action or the date of participation therein by the holders of record of Preferred Stock, whichever shall be the earlier.

  • Prohibited Actions The Company agrees that it will not take any action which would entitle the Warrantholder to an adjustment of the Exercise Price if the total number of shares of Common Stock issuable after such action upon exercise of this Warrant, together with all shares of Common Stock then outstanding and all shares of Common Stock then issuable upon the exercise of all outstanding options, warrants, conversion and other rights, would exceed the total number of shares of Common Stock then authorized by its Charter.

  • PREVIOUS COURT ACTIONS The Couple has: (check one) ☐ - ALREADY had custody and visitation rights administered by a court in the County of , State of . Case Number . ☐ - NOT had custody and visitation rights administered by a court.

  • APPEAL ACTIONS Appeal of TMA actions under this agreement, to the extent they are allowable, will be pursuant to 32 CFR 199.10.

  • PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The purpose of the Agreement is to provide the City with the services for one full-time equivalent senior criminalist from the Department to perform DNA testing, analysis, and forensic-related consulting as requested by the City, effective July 1, 2016 through June 30, 2021. The City’s current agreement with the County for this position expires on June 30, 2016. This Agreement will not result in the creation of an additional senior criminalist position, as the position was created during the previous agreement.

  • Concluding Remarks This chapter explored whether multiple concepts related to slot coordination offer scope for finding solutions for the specific issues experienced at super-congested airports relating to this dissertation’s research questions, primarily in the field of reflecting the public value associated with slots in coordination decisions and safeguarding airport access for the purposes of a competitive air transport market safeguarded by EU Regulation 1008/2008. The concepts discussed include the debate on who holds the legal title to a slot, the functionally and financially independent coordinator, the application of the new entrant rule, the implementation of a secondary market for slots and the relationship between the allocation of slots and competition law. In my view, slots are allocated to airlines as entitlements to use available infrastructure, subject to conditions such as utilization thresholds or allocation criteria. Indeed, they represent relevant operational, economic, legal and social interests and functions.1342 Inter alia, according to the Commission, slots are “critical inputs” for any entrant wishing to operate or expand services.1343 Although airlines, airports and governments alike have claimed they should be regarded as the legal owners of slots,1344 they cannot, in my view, be identified as property rights. At super-congested airports in particular, slots are valuable concepts to society at large as they safeguard public functions such as connectivity and airport access, as discussed in Chapter 2, sections 2.3 and 2.4. Accordingly, Chapter 6 recommends that the coordinator should ensure that scarce slots are declared, allocated and used in a way that is reflective of these public functions. Solving the debate on slot ownership by clarifying that slots are essentially public goods could contribute to making this recommendation work. Furthermore, a future slot regime should be cognizant of the shifted role of the coordinator from performing merely technical functions to that of a policymaker, so to say. At super-congested airports, slot allocation ultimately comes down to making decisions which airlines can and cannot operate to and from an airport.1345 With slot scarcity levels and the risk of judicial reviews of allocation decisions rising, coordinators play an increasingly important role in the correct application of the slot allocation rules. After all, airlines are all in the same ‘game’ for the last available slot pair and the coordinator continuously has to make trade-offs between competing slot requests. Though the coordinator has been delegated public functions, by no means was the slot coordinator intended to perform the task of policy making. Arguably, the coordinator has been handed a role it was never intended to perform.1346 In a constrained environment where the overall number of slots is largely fixed and there is no outlook for capacity increases, the possibilities for airlines to start or expand services requires incumbent airlines to exit or downscale their services at a particular airport.1347 Given the high value of slots at super-congested airports, it is unlikely that airlines will simply hand back the slots they hold to the coordinator, even in times of economic downturn. Instead, they may capitalize the slots they hold to pay off creditors in case of a bankruptcy or insolvency, or they may engage in slot transfers or lease agreements, as discussed in sections 5.3 and 5.6 above. Hence, airport access becomes foreclosed in its entirety to airlines wanting to expand or 1342 See European Commission, supra note 54, paragraph 11. 1343 See Case M.3770 – Lufthansa/Swiss, supra note 274, paragraph 27. 1344 See Abeyratne, supra note 55, at 36; Xxxx XxxXxxxxx, supra note 63, at 2-2. 1345 See ICAO, supra note 256. 1346 See Xxxxxx et al., supra note 18, at 9. 1347 See Xxxx XxxXxxxxx(II), supra note 113, at 111. start operations at super-congested airports with no slots freely available, or at peak times at other congested airports.

  • CITY MANAGER’S RECOMMENDED ACTION This agreement formalizes the mechanism that may be used by the City to transfer civil rights complaints to the Iowa Civil Rights Commission for investigation. ICRC will compensate the City for acting as the intake agent under this agreement. The City and ICRC have maintained this arrangement for several years. Transferring this time- consuming investigation responsibility to the ICRC will allow the Ames Human Relations Commission more time to devote to proactive educational projects in the community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above.

  • Board Action The Parent’s Board of Directors (a) has unanimously determined that the Merger is advisable and in the best interests of the Parent’s stockholders and is on terms that are fair to such Parent stockholders and (b) has caused the Parent, in its capacity as the sole stockholder of the Acquisition Subsidiary, and the Board of Directors of the Acquisition Subsidiary, to approve the Merger and this Agreement by unanimous written consent.

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