Special Transition Rules Sample Clauses

Special Transition Rules. (a) Licensee may ship Phase I implementations after January 1, 2000 only pursuant to the following Special Transition Rules: (i) to replace Phase I implementations originally shipped as part of laptop computers, where such replacement is required due to a defect or other failure of the implementation or of the associated DVD Drive; (ii) to allow a consumer to up-grade a laptop computer where the consumer’s computer was not originally equipped with a DVD Drive and where an RPC Phase I DVD Drive was the only available DVD optional feature of such computer; or (iii) to fill order pursuant to a contract entered prior to October 1, 1999, where such contract requires Licensee to provide a specified product that was, at the time the contract was entered, equipped with a Phase I implementation and where unilaterally filling such orders with products equipped with Phase II implementations would violate the terms of the contract. (b) In order to be eligible for this special transition rule (including any of the three conditions set forth in this section), Licensee must file a notice with Licensor stating that it is utilizing one or more of these rules and stating the quantity of its Phase I implementations that will be subject to these rules. In no event may Licensee ship more than 50,000 Phase I implementations after January 1, 2000, pursuant to these Special Transition Rules.
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Special Transition Rules. For purposes of this Section, any transition rules shall apply which are either: (i) prescribed by the Secretary of the Treasury under the Tax Equity and Fiscal Responsibility Act of 1982 or the Tax Reform Act of 1986 or (ii) elected by the plan administrator under Code Section 415(e)(6).
Sample 1
Special Transition Rules. (a) Licensee may ship Phase I implementations after January 1, 2000 only pursuant to the following Special Transition Rules: (i) to replace Phase I implementations originally shipped as part of laptop computers, where such replacement is required due to a defect or other failure of the implementation or of the associated DVD Drive; (ii) to allow a consumer to up-grade a laptop computer where the consumer’s computer was not originally equipped with a DVD Drive and where an RPC Phase I DVD Drive was the only available DVD optional feature of such computer; or (iii) to fill order pursuant to a contract entered prior to October 1, 1999, where such contract requires Licensee to provide a specified product that was, at the time the contract was entered, equipped with a Phase I implementation and where unilaterally filling such orders with products equipped with Phase II implementations would violate the terms of the contract. (b) In order to be eligible for this special transition rule (including any of the three conditions set forth in this section), Licensee must file a notice with Licensor stating that it is utilizing one or more of these rules and stating the quantity of its Phase I implementations that will be subject to these rules. In no event may Licensee ship more than 50,000 Phase I implementations after January 1, 2000, pursuant to these Special Transition Rules. 6.2.2.2.1 Notwithstanding anything to the contrary set forth herein, DVD Drives intended for sale in Estonia, Latvia or Lithuania may be designed to be simultaneously designated as Region 2 and Region 5, or as either Region 2 or Region 5, at the discretion of the Licensee. No other combination of multiple regions may be set, and the simultaneous setting of Region 2 and Region 5 by the end-user shall count as one setting for purposes of Section 6.2.2.2(2). Notwithstanding anything in the foregoing two sentences to the contrary, if a court of competent jurisdiction rules that any limitations on the permissions granted in the foregoing sentences are unenforceable, then those permissions shall be terminated and Licensor shall promptly consider in good faith other appropriate alternative permissions.
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Related to Special Transition Rules

  • Allocation Rules In determining the Distributor's 12b-1 Share in respect of a particular Portfolio: (a) There shall be allocated to the Distributor and each Other Distributor all Commission Shares of such Portfolio which were sold while such Distributor or such Other Distributor, as the case may be, was the exclusive distributor for the Shares of the Portfolio, determined in accordance with the transfer records maintained for such Portfolio.

  • Special Allocation Rules Notwithstanding any other provision of the Agreement or this Exhibit C, the following special allocations shall be made in the following order:

  • Other Allocation Rules (a) The Members are aware of the income tax consequences of the allocations made by this Article IV and the economic impact of the allocations on the amounts receivable by them under this Agreement. The Members hereby agree to be bound by the provisions of this Article IV in reporting their share of Company income and loss for income tax purposes. (b) The provisions regarding the establishment and maintenance for each Member of a Capital Account as provided by Section 3.4 and the allocations set forth in Section 4.1, Section 4.2, and Section 4.3 are intended to comply with the Treasury Regulations and to reflect the intended economic entitlement of the Members. If the Managing Member determines that the application of the provisions in Section 3.4, Section 4.1, Section 4.2, or Section 4.3 would result in non-compliance with the Treasury Regulations or would be inconsistent with the intended economic entitlement of the Members, the Managing Member is authorized to make any appropriate adjustments to such provisions. (c) All items of income, gain, loss, deduction and credit allocable to an interest in the Company that may have been Transferred shall be allocated between the Transferor and the Transferee in accordance with a method determined by the Managing Member and permissible under Section 706 of the Code and the Treasury Regulations thereunder. (d) The Members’ proportionate shares of the “excess nonrecourse liabilities” of the Company, within the meaning of Treasury Regulations Section 1.752-3(a)(3), shall be allocated to the Members on a pro rata basis, in accordance with the number of Units owned by each Member unless otherwise determined by the Managing Member.

  • Arbitration Rules (a) The arbitration shall be conducted in accordance with this Employment Agreement, using as appropriate the AAA Employment Dispute Resolution Rules in effect on the date hereof. The arbitrator shall not be bound by the rules of evidence or of civil procedure, but rather may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require both Parties to submit some or all of their respective cases by written declaration or such other manner of presentation as the arbitrator may determine to be appropriate. The Parties agree to limit live testimony and cross-examination to the extent necessary to ensure a fair hearing on material issues. (b) The arbitrator shall take such steps as may be necessary to hold a private hearing within 120 days of the initial request for arbitration and to conclude the hearing within two days; and the arbitrator’s written decision shall be made not later than 14 calendar days after the hearing. The Parties agree that they have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator may for good cause allow reasonable extensions or delays, which shall not affect the validity of the award. Both written discovery and depositions shall be allowed. The extent of such discovery will be determined by the Parties and any disagreements concerning the scope and extent of discovery shall be resolved by the arbitrator. The written decision shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator shall apply applicable substantive law. The arbitrator may award injunctive relief or any other remedy available from a judge, including consolidation of this arbitration with any other involving common issues of law or fact which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing Party, but shall not have the power to award punitive or exemplary damages. The Parties specifically state that the agreement to limit damages was agreed to by the Parties after negotiations.

  • Place of Arbitration; Rules All arbitration will be conducted in Massachusetts unless we agree otherwise in writing in a specific case. All arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association.

  • Certain Construction Rules (a) The article and section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, unless otherwise provided to the contrary, (1) all references to days shall be deemed references to calendar days and (2) any reference to a “Section” or “Article” shall be deemed to refer to a section or article of this Agreement. The words “hereof,” “herein” and “hereunder” and words of similar import referring to this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” Unless otherwise specifically provided for herein, the term “or” shall not be deemed to be exclusive. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

  • Consistency with Federal Laws and Regulations This Agreement shall incorporate by reference Section 22.9 of the CAISO Tariff as if the references to the CAISO Tariff were referring to this Agreement.

  • Margin Rules Neither the issuance, sale and delivery of the Placement Shares nor the application of the proceeds thereof by the Company as described in the Registration Statement and the Prospectus will violate Regulation T, U or X of the Board of Governors of the Federal Reserve System or any other regulation of such Board of Governors.

  • Are There Distribution Rules That Apply After Death Special rules apply in the case of the divorce or death of a beneficiary of a Xxxxxxxxx Education Savings Account. In particular, any balances to the credit of a beneficiary must, within 30 days of death, be either: (i) rolled over to another beneficiary’s Xxxxxxxxx Education Savings Account according to the requirements of Section (4) (in which case the distribution will not be subject to tax) or (ii) distributed to a death beneficiary or the beneficiary’s estate (in which case the distribution will be subject to tax).

  • Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

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