Statement of the Parties Sample Clauses

Statement of the Parties. 7.1.1 It is the intent and purpose of the parties to this Agreement to promote harmony and co- operation between the Employer and its Employees, and to provide effective procedures for the prompt and equitable resolution of disputes which may arise from time to time between the Employer and any Employee covered by this Agreement. 7.1.2 In accordance with the provisions of the Employment Relations Act 2000 the following procedures and services are available to the Employer and Employee for the resolution of all employment relationship problems.
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Statement of the Parties. The Parties have a fundamental disagreement about the interpretation and application of certain provisions of the National Voter Registration Act of 1993 (NVRA) in Sections 4, 7, 9, 10, and related regulations of the Act, codified at 52 U.S.C. 20501, et seq. This Memorandum of Understanding is intended to settle and bring to an end the Parties’ disputes in that regard, to conclude the suit entitled United States v. State of Louisiana, et al, Case No. 11-470 on the docket of the Middle District of Louisiana, and to dispose of all claims arising from or related to the referenced litigation. The parties agree that this Memorandum of Understanding includes all of the terms of their settlement.
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Statement of the Parties. The United States and the State of Connecticut (the Parties) hereby stipulate: 1. Section 303 of the Help America Vote Act of 2002 (HAVA), 52 U.S.C. § 21083 (HAVA), along with Section 8 of the National Voter Registration Act of 1993 (NVRA), 52 U.S.C. § 20507, requires that states implement procedures to remove the names of deceased voters from state voter lists. 52 U.S.C. § 21083(a)(4). 2. The Town Clerk of each municipality in the State of Connecticut is the Registrar of Vital Statistics. Conn. Gen. Stat. § 7-37. As the Registrars of Vital Statistics, the Town Clerks are designated to receive certificates of death that occur within that municipality. Conn. Gen. Stat. §§ 7-42, 7-62b(a). Town Clerks are charged with reporting those certificates of death to both the Connecticut Department of Public Health (DPH) and the Registrars of Voters for their municipality. Conn. Gen. Stat. § 7-52. Registrars of Voters for each municipality are charged with using the records of death from the Town Clerk in making the Registrar’s independent determination to remove the name of a deceased voter from the voter list for that municipality. Conn. Gen. Stat. § 7-35. 3. On or about November 28, 2018, following an investigation into Connecticut’s procedures for removing deceased voters from its voting rolls, the United States informed the Secretary that action had been authorized to enforce Xxxxxxx 000 xx XXXX, 00 X.X.X. § 00000. Section 303 of HAVA requires, among other things, that states coordinate statewide voter registration lists with state agency death records for the purpose of maintaining accurate voter registration lists. 4. Thereafter, the Secretary informed the United States that the State would initiate efforts requested by the United States to more directly coordinate the Centralized Voter Registration System (CVRS) with DPH death records. 5. The Parties share the goal of ensuring that the requirements of HAVA and the NVRA are met. The Parties have negotiated in good faith, and hereby agree to this MOU as an appropriate means to further their shared goal.
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Statement of the Parties. The United States and the State of New York hereby recognize the following: 1. By letter dated January 6, 2017, the United States notified the State of New York that the Principal Deputy Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice had authorized litigation against the State of New York and appropriate State officials to enforce Section 5 of the National Voter Registration Act of 1993 (NVRA), 52 U.S.C. § 20504, which is also known as the Motor Voter provision of the NVRA. 2. The State of New York subsequently informed the United States that the State was initiating efforts to bring about Motor Voter compliance through modifications to its internet site and the forms, procedures, and electronic system used at its motor vehicle offices in the State. 3. The State of New York’s current Motor Voter procedures do not comply fully with 52 U.S.C. § 20504. 4. The United State and the State of New York share the goals of ensuring that the requirements of the Motor Voter provisions of the NVRA are met and ensuring that New York’s citizens enjoy the benefits envisioned by that provision. 5. The United States and the State of New York have negotiated in good faith and hereby agree to this MOU as an appropriate means to further their shared goals. 6. This MOU shall be carried out in conformity with Section 5-212 of the New York Election Law.
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Statement of the Parties. The Department and the Secretary xxxxxx recognize the following:
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Statement of the Parties. The United States and the State of Alabama hereby recognize the following: 1. By letter dated September 8, 2015, the United States notified the State of Alabama that the Principal Deputy Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice had authorized litigation against the State and appropriate State officials to enforce the Motor Voter provision of the National Voter Xxxxxxxxxxxx Xxx xx 0000 (XXXX), 00 X.X.X. § 00000. 2. The Principal Deputy Assistant Attorney General authorized litigation following an investigation in which the United States gathered evidence that established noncompliance with the Motor Voter provision of the NVRA. 3. The United States and the State of Alabama share the goals of ensuring that the requirements of the Motor Voter provision of the NVRA are met and ensuring that Alabama’s citizens enjoy the benefits envisioned by that provision. 4. The United States and the State of Alabama have negotiated in good faith and hereby agree to this MOU as an appropriate means to further their shared goals.
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Statement of the Parties. The Parties agree that signing this Agreement separately by each Party (at a different place and time) and providing it to each other Party with all submitted signatures via electronic media / scan, PDF, fax / does not invalidate it, thus all concluded its provisions are fully binding. This does not prejudice the Parties' obligation to transfer to each other the originals of this Agreement.
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Statement of the Parties a) THE SELLER and THE BUYERS record that the BUYERS wish to purchase and the SELLER wishes to sell and transmit all the shares, in accordance to what is established on the preceding paragraph 1.c), subject to the terms and conditions of this instrument. b) THE SELLER and THE BUYERS state that in the execution of this agreement there has not been any falsehood, use of force against the consent of another, bad faith, or any flaw between the parties, and that they mutually acknowledge their legal capacity and legal standing to execute such agreement. In accordance to what has been established, the parties agree on the following: CLAUSES
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Statement of the Parties. 1. The Lessor declares that: a) is the perpetual usufructuary of land property consisting of developed land plot no. 3/14 with an area of 312,815m², section 1084, located at xx. Xxxxxxxxxxxxxxx 00, 00, 21, 25, 26 in Szczecin, b) this property is located within the boundaries of the seaport of Szczecin, c) is the owner of buildings accession no.: 1-0123, 1-0427, located on the land plot referred to in point 1(a), d) is the owner of fixed assets located on the area of the subject of the lease and fixed assets constituting the equipment of the buildings referred to in point 1(c), as specified in Annex 1 hereto which is an integral part hereof, e) is the owner of fixed assets located on the area of the subject of the lease and fixed assets constituting the equipment of the buildings referred to in point 1(c), excluded from the subject of the lease, as specified in Annex 3 hereto which is an integral part hereof, f) for the above-mentioned land property the land and mortgage register KW No. SZ1S/00137581/7 is kept by the District Court in Szczecin. 2. In addition, the Lessor declares that the following equipment is located on the roof of the Ewa Silo building: a) radar equipment, CCTV cameras and other devices to ensure the safety of navigation, as well as technical container, forming the Ewa Silo radar station, and, therefore, part of the roof with an area of 69.27m² is leased by the Maritime Office in Szczecin, which must ensure the proper functioning of the installations, b) cameras of the Lessor, c) Automatic Identification System AIS belonging to the Inland Navigation Office. 3. In addition, the Lessor declares that the Lessee is required to make available to the Lessor the western and southern faces of the Ewa Silo building, so that the banners with a total area of up to 1,130.00m² along with their lighting can be placed there and maintained by the Lessor. 4. In addition, the Lessor declares that there is a cargo and passenger lift in the Ewa Silo building and in order to provide access to the roof it is necessary to make it available to the Lessor, the Marine Office and the Inland Navigation Office. 5. The Lessee declares that it accepts that the access to this part of the roof of the Ewa Silo building will be provided to the Maritime Office, the Inland Navigation Office and the Lessor, free of charge and without any impact on the rent. The Maritime Office and the Inland Navigation Office need access to the roof in order to use and maintain the radar sta...
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Related to Statement of the Parties

  • AGREEMENT OF THE PARTIES The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party hereto. Neither Executive nor the Company shall be entitled to any presumption in connection with any determination made hereunder in connection with any arbitration, judicial or administrative proceeding relating to or arising under this Agreement.

  • Intent of the Parties Except as provided in the next sentence, the sole procedure to resolve any claim arising out of or relating to this Agreement or any related agreement is the dispute resolution procedure set forth in this Article Eighteen. Either Party may seek a preliminary injunction or other provisional judicial remedy if such action is necessary to prevent irreparable harm or preserve the status quo, in which case both Parties nonetheless will continue to pursue resolution of the dispute by means of this procedure.

  • Final Agreement of the Parties THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

  • Independence of the Parties Nothing herein shall be construed to modify, abridge, or deny the authority or discretion of any Party to independently develop, administer, or control transportation projects pursuant to enumerated authority or funding sources separate from those in this Agreement.

  • Roles of the Parties When processing California Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the CCPA.

  • Role of the Parties Taboola acknowledges that Publisher is a Controller of Personal Data relating to its Visitors. Publisher acknowledges that Taboola shall also be an independent Controller of Personal Data that it processes about Visitors to provide its Services (both to Publisher and to Taboola’s other publishers). In no event shall the Parties process Personal Data that they each collect about Visitors as joint Controllers.

  • Agreements of the Parties (a) If the registration statement relating to the Shares has not yet become effective, the Trust will promptly file the Final Amendment, if not previously filed, with the Commission, and will use its best efforts to cause such registration statement to become effective and, as soon as the Trust is advised, will advise the Representative when the Registration Statement or any amendment thereto has become effective. If the Registration Statement has become effective and the Prospectus contained therein omits certain information at the time of effectiveness pursuant to Rule 430A of the Securities Act Rules, the Trust will file a 430A Prospectus pursuant to Rule 497(h) of the Securities Act Rules as promptly as practicable, but no later than the second business day following the earlier of the date of the determination of the offering price of the Shares or the date the Prospectus is first used after the Effective Date. If the Registration Statement has become effective and the Prospectus contained therein does not so omit such information, the Trust will file a Prospectus pursuant to Rule 497(b) or (j) of the Securities Act Rules as promptly as practicable, but no later than the fifth business day following the date of the later of the Effective Date or the commencement of the public offering of the Shares after the Effective Date. In either case, the Trust will provide the Representatives satisfactory evidence of the filing. The Trust will not file with the Commission any Prospectus or any other amendment (except any post-effective amendment which is filed with the Commission 15 after the later of (x) one year from the date of this Underwriting Agreement or (y) the date on which distribution of the Shares is completed) or supplement to the Registration Statement or the Prospectus unless a copy has first been submitted to the Managing Representative a reasonable time before its filing and the Managing Representative has not objected to it in writing within a reasonable time after receiving the copy. (b) For the period of three years from the date hereof, the Trust will advise the Representatives promptly (1) of the issuance by the Commission of any order in respect of the Trust or the Investment Adviser which relates to the Trust, or which relates to any material arrangements or proposed material arrangements involving the Trust or the Investment Adviser, (2) of the initiation or threatening of any proceedings for, or receipt by the Trust of any notice with respect to, the suspension of the qualification of the Shares for sale in any jurisdiction or the issuance of any order by the Commission suspending the effectiveness of the Registration Statement, (3) of receipt by the Trust, or any representative or attorney of the Trust, of any other communication from the Commission relating in any material way to the Trust, the Registration Statement, the Notification, any Preliminary Prospectus, the Prospectus or to the transactions contemplated by this Underwriting Agreement and (4) the issuance by any court, regulatory body, administrative agency or other governmental agency or body, whether foreign or domestic, of any order, ruling or decree, or the threat to initiate any proceedings with respect thereto, regarding the Trust, which relates in any material way to the Trust or any material arrangements or proposed material arrangements involving the Trust. The Trust will make every reasonable effort to prevent the issuance of any order suspending the effectiveness of the Registration Statement and, if any such order is issued, to obtain its lifting as soon as possible. (c) If not delivered prior to the date of this Underwriting Agreement, the Trust will deliver to the Representatives, without charge, a signed copy of the registration statement and the Notification and of any amendments (except any post-effective amendment which is filed with the Commission after the later of (x) one year from the date of this Underwriting Agreement or (y) the date on which the distribution of the Shares is completed) to either the Registration Statement or the Notification (including all exhibits filed with any such document) and as many conformed copies of the registration statement and any amendments thereto (except any post-effective amendment which is filed with the Commission after the later of (x) one year from the date of this Underwriting Agreement or (y) the date on which the distribution of the Shares is completed) (excluding exhibits) as the Representatives may reasonably request. 16 (d) During such period as a prospectus is required by law to be delivered by an underwriter or a dealer, the Trust will deliver, without charge, to the Representatives, the Underwriters and any dealers, at such office or offices as the Representatives may designate, as many copies of the Prospectus as the Representatives may reasonably request, and, if any event occurs during such period as a result of which it is necessary to amend or supplement the Prospectus, in order to make the statements therein, in light of the circumstances existing when such Prospectus is delivered to a purchaser of Shares, not misleading in any material respect, or if during such period it is necessary to amend or supplement the Prospectus to comply with the Securities Act, the Investment Company Act, the Securities Act Rules or the Investment Company Act Rules, the Trust promptly will prepare, submit to the Managing Representative, file with the Commission and deliver, without charge, to the Underwriters and to dealers (whose names and addresses the Representatives will furnish to the Trust) to whom Shares may have been sold by the Underwriters, and to other dealers on request, amendments or supplements to the Prospectus so that the statements in such Prospectus, as so amended or supplemented, will not, in light of the circumstances existing when such Prospectus is delivered to a purchaser, be misleading in any material respect and will comply with the Securities Act, the Investment Company Act, the Securities Act Rules and the Investment Company Act Rules. Delivery by the Underwriters of any such amendments or supplements to the Prospectus will not constitute a waiver of any of the conditions in Section 6 hereof. (e) The Trust will make generally available to holders of the Trust's securities, as soon as practicable but in no event later than the last day of the 18th full calendar month following the calendar quarter in which the Effective Date falls, an earnings statement, if applicable, satisfying the provisions of Section 11(a) of the Securities Act and, at the option of the Trust, Rule 158 of the Securities Act Rules. (f) The Trust will take such actions as the Representatives reasonably request in order to qualify the Shares for offer and sale under the securities or "blue sky" laws of such jurisdictions as the Representatives reasonably designate; provided that the Trust shall not be required in connection therewith or as a condition thereof to qualify as a foreign corporation or to execute a general consent to service of process in any jurisdiction. (g) If the transactions contemplated by this Underwriting Agreement are consummated, the Trust shall pay all costs and expenses incident to 17 the performance of the obligations of the Trust under this Underwriting Agreement (to the extent such expenses do not, in the aggregate, exceed $0.03 per Share), including but not limited to costs and expenses of or relating to (1) the preparation, printing and filing of the registration statement and exhibits to it, each Preliminary Prospectus, the Prospectus and all amendments and supplements thereto, (2) the issuance of the Shares and the preparation and delivery of certificates for the Shares, (3) the registration or qualification of the Shares for offer and sale under the securities or "blue sky" laws of the jurisdictions referred to in the foregoing paragraph, including the fees and disbursements of counsel for the Underwriters in that connection, and the preparation and printing of preliminary and supplemental "blue sky" memoranda, (4) the furnishing (including costs of design, production, shipping and mailing) to the Underwriters and dealers of copies of each Preliminary Prospectus relating to the Shares, the sales materials, the Prospectus, and all amendments or supplements to the Prospectus, and of the other documents required by this Section to be so furnished, (5) the filing requirements of the National Association of Securities Dealers, Inc., in connection with its review of the financing, including filing fees and the fees, disbursements and other charges of counsel for the Underwriters in that connection, (6) all transfer taxes, if any, with respect to the sale and delivery of the Shares to the Underwriters, (7) the listing of the Shares on the New York Stock Exchange, (8) the transfer agent for the Shares, and (9) in addition to the foregoing, an aggregate reimbursement of up to [ ] as partial reimbursement of the costs and expenses of the Underwriters. To the extent the foregoing costs and expenses incident to the performance of the obligations of the Trust under this Underwriting Agreement exceed, in the aggregate, $0.03 per Share, Eatox Xxxxx xx an affiliate will pay all such excess costs and expenses. (h) If the transactions contemplated by this Underwriting Agreement are not consummated, except as otherwise provided herein, no party will be under any liability to any other party, except that (1) if this Underwriting Agreement is terminated by (x) the Trust or the Investment Adviser pursuant to any of the provisions hereof (otherwise than pursuant to Section 8 hereof) or (y) by the Representatives or the Underwriters because of any inability, failure or refusal on the part of the Trust or the Investment Adviser to comply with any material terms or because any of the conditions in Section 6 are not satisfied, Eatox Xxxxx xx an affiliate and the Trust, jointly and severally, will reimburse the Underwriters for all out-of-pocket expenses (including the reasonable fees, disbursements and other charges of their counsel) reasonably incurred by them in connection with the proposed purchase and sale of the Shares and (2) no Underwriter who has failed or refused to purchase the Shares agreed to be purchased by it under this Underwriting Agreement, in breach of its obli- 18 gations pursuant to this Underwriting Agreement, will be relieved of liability to the Trust and the Investment Adviser and the other Underwriters for damages occasioned by its default. (i) Without the prior written consent of the Representatives, the Trust will not offer, sell or register with the Commission, or announce an offering of, any equity securities of the Trust, within 180 days after the Effective Date, except for the Shares as described in the Prospectus and any issuances of Shares of Beneficial Interest pursuant to the dividend reinvestment plan established by the Trust and except in connection with any offering of preferred shares of beneficial interest as contemplated by the Prospectus. (j) The Trust will use its best efforts to list the Shares on the New York Stock Exchange and comply with the rules and regulations of such exchange. (k) The Trust will direct the investment of the net proceeds of the offering of the Shares in such a manner as to comply with the investment objective and policies of the Trust as described in the Prospectus.

  • Status of the Parties The parties are independent contractors. Nothing in this Agreement is intended to or shall be construed to constitute or establish any agency, joint venture, partnership or fiduciary relationship between the parties, and neither party has the right or authority to bind the other party nor shall either party be responsible for the acts or omissions of the other.

  • Expenses of the Parties Except as otherwise provided herein, all expenses incurred by or on behalf of the parties hereto in connection with the authorization, preparation and consummation of this Agreement, including, without limitation, all fees and expenses of agents, representatives, counsel and accountants employed by the parties hereto in connection with the authorization, preparation, execution and consummation of this Agreement shall be borne solely by the party who shall have incurred the same.

  • Responsibility of the Parties The Parties undertake to indemnify each other for any damage (loss) caused by their partial or complete non-performance or improper performance of the Agreement, and the indemnification of damage (loss) does not relieve the Parties from the performance/payment of their obligations under the Agreement. In addition, the Customer shall be liable for any damage (loss) caused to the Bank by its partial or complete non-performance or improper performance of the Agreement. Inter alia, in the event of a breach of the term specified in the subsection 3.3.6. of Annex N1 to the Bank Guarantee Agreement, Bank is entitled to charge the Customer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Indemnification of the damage (loss) does not release the Customer from the performance/payment of the obligations under the Agreement. Notwithstanding the guarantees specified in Sections 5.1 and 5.2. of Annex N1 to the Bank Guarantee Agreement, in order to ensure full and proper performance of the Customer’s obligations under the Agreement, and, respectively, to secure the Bank’s rights and claims, the Customer hereby expressly gives its prior consent that the Bank is fully authorized to: In the case of several debt arrears, determine the sequence and order of payments of Bank Guarantee and the payments under it; Block any Account of the Customer without acceptance in the amount of the payment due and in accordance with its applicable rules until any payment is under the Agreement is fully and duly covered; Write off without acceptance all payments due from the any Account of the Customer, and if the payment due and the amount available on the Account are in different currencies, the Bank itself can perform conversion at the commercial rate of exchange applicable at the Bank on the date of payment or the rate of exchange agreed with the Customer (if any), and write off also the conversion cost without acceptance from the Account, and channel the converted amount to cover the appropriate payments. During the period of Force Majeure, the Bank shall not be liable for complete or partial nonfulfillment or improper fulfillment of its obligations under the Agreement. In the event of Force Majeure, the Parties shall be guided by ICC Uniform Rules. Any official communication between the Parties shall be in writing. The written notice intended to the Party may be delivered in person or sent by a courier (including an international courier) or through a post delivery (including by a registered letter). For urgency and subject to the following provisions, except by submitting to the Customer a claim for full performance of its obligations under the Agreement or notifying about the complete or partial termination of the Agreement, it is permissible to notify the other Party by email or other electronic means (including via mobile banking, internet banking) provided that upon request of the other Party, such notice shall also be provided in writing within a reasonable time. The notice shall be deemed to have been accepted by the addressee on the day of its receipt if the receipt of the notice is confirmed by the addressee (including by electronic document, receipt, other appropriate means of notification, etc.). If the receipt of the notice is not confirmed by the addressee, any such notice shall be deemed to have been sent and received accordingly: In case of sending a written message by a courier or registered mail - on the day of confirmation of delivery; In case of sending by email and/or other electronic means - on the second Banking Day after the date of sending; Notice shall be deemed to have been received even if the notice is returned to the notifying Party due to the absence of the addressee of the notification on the sent address/contact data, the addressee refuses to receive the notice or avoids receiving it. The Parties will communicate according to the addresses/contact details specified in the Agreement (or any other address/contact information that one Party will provide in writing to the other). The Party is obliged to notify the other Party on the change of the above address or any of their data in a timely manner, otherwise the communication (notification etc.) carried out to the address indicated by the Party shall be deemed to have been duly performed.

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