Skills and suitability. When there is a need to choose between two or more employees with similar skills and service, the contractor will decide on whose services should be terminated.
Skills and suitability Sample Clauses
Related to Skills and suitability
Suitability The Dealer Manager will offer Shares, and in its agreement with each Soliciting Dealer will require that the Soliciting Dealer offer Shares, only to Persons that it has reasonable grounds to believe meet the financial qualifications set forth in the Prospectus or in any suitability letter or memorandum sent to it by the Company and will only make offers to Persons in the states in which it is advised in writing by the Company that the Shares are qualified for sale or that such qualification is not required. In offering Shares, the Dealer Manager will comply, and in its agreements with the Soliciting Dealers, the Dealer Manager will require that the Soliciting Dealers comply, with the provisions of all applicable rules and regulations relating to suitability of investors, including without limitation the FINRA Conduct Rules and the provisions of Article III.C. of the Statement of Policy Regarding Real Estate Investment Trusts of the North American Securities Administrators Association, Inc. (the “NASAA Guidelines”). The Dealer Manager agrees that in recommending the purchase of the Shares in the Primary Offering to an investor, the Dealer Manager and each Person associated with the Dealer Manager that make such recommendation shall have, and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree with respect to investors to which it makes a recommendation shall agree that it shall have, reasonable grounds to believe, on the basis of information obtained from the investor concerning the investor’s investment objectives, other investments, financial situation and needs, and any other information known by the Dealer Manager, the Person associated with the Dealer Manager or the Soliciting Dealer that: (i) the investor is or will be in a financial position appropriate to enable the investor to realize to a significant extent the benefits described in the Prospectus, including the tax benefits where they are a significant aspect of the Company; (ii) the investor has a fair market net worth sufficient to sustain the risks inherent in the program, including loss of investment and lack of liquidity; and (iii) an investment in the Shares offered in the Primary Offering is otherwise suitable for the investor. The Dealer Manager agrees as to investors to whom it makes a recommendation with respect to the purchase of the Shares in the Primary Offering (and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree, with respect to investors to whom it makes such recommendations) to maintain in the files of the Dealer Manager (or the Soliciting Dealer, as applicable) documents disclosing the basis upon which the determination of suitability was reached as to each investor. In making the determinations as to financial qualifications and as to suitability required by the NASAA Guidelines, the Dealer Manager and Soliciting Dealers may rely on (A) representations from investment advisers who are not affiliated with a Soliciting Dealer, banks acting as trustees or fiduciaries, and (B) information it has obtained from a prospective investor, including such information as the investment objectives, other investments, financial situation and needs of the Person or any other information known by the Dealer Manager (or Soliciting Dealer, as applicable), after due inquiry. Notwithstanding the foregoing, the Dealer Manager shall not, and each Soliciting Dealer shall agree not to, execute any transaction in the Company in a discretionary account without prior written approval of the transaction by the customer.
Skills and Abilities (i) Ability to communicate effectively both verbally and in writing. (ii) Ability to deal with others effectively. (iii) Physical ability to carry out the duties of the position. (iv) Ability to organize work. (v) Ability to operate related equipment.
Experience, Financial Capability and Suitability Subscriber is: (i) sophisticated in financial matters and is able to evaluate the risks and benefits of the investment in the Shares and (ii) able to bear the economic risk of its investment in the Shares for an indefinite period of time because the Shares have not been registered under the Securities Act (as defined below) and therefore cannot be sold unless subsequently registered under the Securities Act or an exemption from such registration is available. Subscriber is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. Subscriber must bear the economic risk of this investment until the Shares are sold pursuant to: (i) an effective registration statement under the Securities Act or (ii) an exemption from registration available with respect to such sale. Subscriber is able to bear the economic risks of an investment in the Shares and to afford a complete loss of Subscriber’s investment in the Shares.
Financial Viability and Regulatory Compliance 2.6.1 Contractor warrants and represents that its corporate entity is in good standing with all applicable federal, state, and local licensing authorities and that it possesses all requisite licenses to perform the services required by this contract. Contractor further warrants and represents that it owes no outstanding delinquent federal, state or local taxes or business assessments. 2.6.2 Contractor agrees to promptly disclose to the MPHA any IRS liens or licensure suspension or revocation that may adversely affect its capacity to perform the services outlined within this contract. The failure by Contractor to disclose such issue to the MPHA in writing within 5 days of such notification received will constitute a material breach of this contract. 2.6.3 Contractor further agrees to promptly disclose to the MPHA any change of more than 50% of its ownership and/or any declaration of bankruptcy that Contractor may undergo during the term(s) of this contract. The failure of Contractor to disclose any change of more than 50% of its ownership and/or its declaration of bankruptcy within 5 days of said actions shall constitute a material breach of this contract. 2.6.4 All disclosures made pursuant to this section of the contract shall be made in writing and submitted to MPHA within the time periods required herein.
Evaluation 1. The purposes of evaluation provisions include providing employees with feedback, and employers and employees with the opportunity and responsibility to address concerns. Where a grievance proceeds to arbitration, the arbitrator must consider these purposes, and may relieve on just and reasonable terms against breaches of time limits or other procedural requirements.
Evaluations A. District management shall direct the evaluation of all permanent bargaining unit members no less than once every two years and probationary bargaining unit members no less than twice per year. Bargaining unit members who have been employed with VUSD for at least ten (10) years and whose previous evaluation rated the employee as meeting or exceeding standards, may be evaluated at least every five (5) years, if the administrative evaluator and certificated employee being evaluated agree. The certificated employee or the administrative evaluator may withdraw consent of this agreement at any time (EC 44664 (a) (3)). B. The written procedures for evaluations that are currently in effect shall be maintained by the District until the bargaining unit negotiates and ratifies new procedures. The present procedures are in Appendix A. They include: 1. The evaluator shall be an immediate supervisor or any other management or supervisory employee, who is designated by District management. 2. Bargaining unit members may utilize peer review in lieu of management evaluation with principal approval. 3. Those bargaining unit members who are regularly scheduled to be evaluated will be notified by the evaluator no later than October 1st of each school year. Such notice will contain a brief explanation as to the procedures for evaluations 4. One-half of the permanent staff will be formally evaluated each year. a. Pre-Conference Guidelines (for Temporary, Probationary and Permanent Bargaining Unit Members) 1. A pre-conference for bargaining unit members to be evaluated will be held by October 31. The purpose of the pre-conference is to review the Standards for Bargaining Unit Members assignment and to determine the evaluation focus. At that time the evaluator and the bargaining unit member may agree that some elements of the standards are not applicable (NA) to the employee’s assignment and may mark them NA at that time. 2. If there is disagreement about which of the elements is not applicable (NA), the parties may invite the Assistant Superintendent of Certificated Human Resources to assist in resolving the differences. The Assistant Superintendent shall recommend alternatives to the unit member and evaluator.
Information and Sophistication Without lessening or obviating the representations and warranties of the Company set forth in Section 3, each Purchaser hereby: (i) acknowledges that it has received all the information it has requested from the Company and it considers necessary or appropriate for deciding whether to acquire the Securities, (ii) represents that it has had an opportunity to ask questions and receive answers from the Company regarding the terms and conditions of the offering of the Securities and to obtain any additional information necessary to verify the accuracy of the information given the Purchaser and (iii) further represents that it has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risk of this investment.
Evaluators The success of a program of evaluation depends upon a high level of skill and training of all participants in the process. The District shall provide annual training on the Colorado State Educator Evaluation System and ongoing training on inter-rater reliability using approved materials from the Colorado Department of Education. As required by Colorado law, all performance evaluations must be conducted by an individual who has completed a training in evaluation skills that has been approved by the Department of Education.
Contractor Qualifications Contractor warrants that Contractor has the necessary licenses, experience and technical skills to provide services under this Contract.
Professional Qualifications It shall be a condition of continued professional employment that employees must apply for enrolment in their appropriate professional licensing body by the thirtieth day of continuous service.
