Substantial Damage Upon the occurrence of Substantial Damage (as hereinafter defined) to the Property after the Effective Date and before the Closing Date, Seller shall promptly deliver notice thereof to Purchaser, and Purchaser may, at its option, either (a) terminate this Agreement by written notice thereof given to Seller and Escrow Agent within fifteen (15) days after receipt of notice from Seller as to such Substantial Damage, whereupon the Deposit will be returned to Purchaser, and the parties shall have no further obligations under this Agreement, except for those which expressly survive any termination of this Agreement, or (b) proceed to close the transaction contemplated herein without any delay pursuant to the terms hereof, in which event Seller shall deliver to Purchaser at the Closing, or as soon as available, any insurance proceeds actually received by Seller and attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), shall assign to Purchaser any right it may have to receive insurance proceeds attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), and Purchaser shall receive a credit against the Purchase Price in the amount of the deductible. If Purchaser has not terminated this Agreement due to the Substantial Damage, Seller shall timely file and process a claim respecting the Substantial Damage with its insurer, but shall not settle or adjust the claim without obtaining Purchaser’s approval, which shall not be unreasonably withheld, delayed or conditioned. For purposes of this Agreement, “Substantial Damage” shall mean any casualty or loss resulting in a repair expense in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) or any damage which results in the Franchisor refusing to enter into the New Franchise Agreement. If the Scheduled Closing Date is less than the full fifteen (15) day period for Purchaser to make its determination of whether to terminate or close, the Scheduled Closing Date shall be extended to five (5) business days after expiration of the full fifteen (15) day period.
EXTRADITION Extradition treaty, with exchange of notes. Signed at San Jose December 4, 1982; entered into force October 11, 1991. TIAS Agreement relating to investment guaranties. Signed at San Jose November 22, 1968; en- tered into force October 24, 1969. 20 UST 3001; TIAS 6776; 726 UNTS 157. Agreement regarding the consolidation and re- scheduling of certain debts owed to, guaran- teed or insured by the United States Govern- ment and its agencies, with annexes. Signed at Washington May 18, 1984; entered into force June 22, 1984. NP Agreement regarding the consolidation and re- scheduling of certain debts owed to, guaran- teed by or insured by the United States Gov- ernment and its agencies, with annexes. Signed at San Jose December 16, 1985; entered into force January 29, 1986. NP Agreement regarding the consolidation and re- scheduling of certain debts owed to, guaran- teed by or insured by the United States Gov- ernment and its agencies. Signed at San Jose February 22, 1990; entered into force April 9, 1990. NP Swap agreement among the United States Treasury and the Central Bank of Costa Rica/ Government of Costa Rica. Signed at Wash- ington and San Jose May 18, 1990; entered into force May 18, 1990. TIAS Agreement regarding the consolidation and re- scheduling or refinancing of certain debts owed to, guaranteed by, or insured by the United States Government and its agencies, with annexes. Signed at San Jose February 19, 1992; entered into force April 20, 1992. NP Agreement regarding the consolidation and re- scheduling or refinancing of certain debts owed to, guaranteed by or insured by the United States Government and its agencies, with annexes. Signed at San Jose November 22, 1993; entered into force August 10, 1994. NP Agreement relating to the construction of the inter-American highway within the borders of Costa Rica. Exchange of notes at Washington January 16, 1942; entered into force January 16, 1942. 56 Stat. 1840; EAS 293; 6 Bevans 1068; 23 UNTS 285. Amendment: January 13 and 17, 1951 (2 UST 1844; TIAS 2319; 134 UNTS 215).
Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph
JOB When a vacancy occurs in any job which is likely to remain open for over four work weeks (or such longer period as the parties may mutually agree) notice of such vacancy shall be posted within eighteen working days of the vacancy arising and shall remain posted for five working days on the bulletin board or boards provided on the premises for that purpose. The Company shall provide the Union with a copy of each vacancy posted. All notices of vacancies shall designate the classification of the job vacant The of pay shall be determined from the schedule of wages herein. The Company will provide the Union with the name and employee number of the persons who applied for the job. If an employee applies for a posting and is named the successful applicant, he will be required to accept the position. A probationary period of sixty calendar days shall apply to promotions. If no applications are made, the Company shall then be free to choose an employee who did not apply for such job and is willing to accept it. Where the senior employee has relatively equal ability and qualifications for the vacancy in relation to other applicants, he shall receive the promotion. For the purposes of this paragraph, the senior employee shall mean the employee with the most continuous length of service within the bargaining unit. When the senior employee does not have relatively equal ability and qualifications for the vacancy in relation to other applicants and a less senior employee is chosen, the Company will make its choice known to the Union before announcing name of the successful applicant. Should the Union wish to make representations to the Company concerning the Company’s choice, the Union must do so within five working days and the Union and the Company agree to meet to discuss the Company’s choice. If thereafter this question is unresolved, it may be made the subject of a grievance. Any employee who applied for the job and was not chosen may within five working days after the Successful applicant has been declared, register a protest to the Union in writing. In the event that the protest is brought to the Company’s attention, the Company agrees to discuss with the Union and the employee the question of the and qualifications with a view to improving the employee’s opportunity for future postings. If thereafter this question is unresolved, it may be made the subject of a grievance. Company agrees to offer job training opportunities for posted positions to interested full-time employees with s ability and qualification to warrant such . training. A job vacancy shall be deemed not to exist where the work available for the job is not sufficient to warrant it being filled. The Company agrees all employees within the bargaining unit will become and remain, as a condition of employment, members of the Union during the of this Agreement. The Company shah new employees to make application for membership in the Union at the time of their hiring. The Company shall collect membership initiation fees as may be established by Union and forward the application form and such fees to Union the regular monthly dues remittance. The Company agrees to deduct from the pay of each regular employee, as a condition of employment, such dues as may from time to time be set by the Union and to forward the amount so deducted to Secretary-Treasurer of the Union. The Company agrees to supply to the Union a report showing annual Union Dues accumulation for each employee. The Company further agrees to record the annual Union Dues Deductions for each employee on his form. The Company agrees to forward to the Union on a monthly basis, a complete alphabetical listing of all employees, including their home address, starting date, plant location, department and Social Insurance Number, separated in full-time and part-time. The Company to officers, so designated by the Union, from each Local and to grant them time off with pay as may be reasonably necessary to service any grievance or grievance. The Company also agrees to a committee comprised of representatives of employees, so designated by the Union, for the purposes of collective bargaining or with the Company. The Committee wig be afforded the necessary time o pay to attend such meetings with representatives of the Company. representatives of the Union shall be entitled to visit any department covered by this Agreement for the purposes of observing working conditions, interviewing members and employees and ensuring the terms of this Agreement are being implemented. The interviewing of an employee shall be permitted after the appropriate management representative has given his consent, which shall not be unreasonably withheld Any condition of employment or working conditions now in effect will remain in effect changed by collective bargaining. The Union may use the Warehouse bulletin boards for the posting of Union notices. All such notices must be approved by the Warehouse Manager before being posted on the bulletin boards.
Essential Personnel For a period of one year commencing on the effective date of this Agreement, the Adviser and the Fund agree that the retention of (i) the chief executive officer, president, chief financial officer and secretary of the Adviser and (ii) each director, officer and employee of the Adviser or any of its Affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person"), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Adviser's acceptance of employment hereunder, the Adviser hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Adviser nor any of its Affiliates shall make any material or significant personnel changes or replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first informing the Board of Trustees of the Fund in a timely manner. In Addition, neither the Adviser nor any Affiliate of the Adviser shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first informing the Board of Trustees of the Fund in a timely manner.
Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.
Substantial Taking If the whole of the Premises, or such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises, as contemplated by this Lease, is taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party will have the right to terminate this Lease effective as of the date possession is required to be surrendered to such authority.
History The two Boards approved a "Proposed Plan to Further Simplify and Facilitate Transfer of Credit Between Institutions" at their meetings in February 1996. This plan was submitted as a preliminary report to the Joint Legislative Education Oversight Committee in March 1996. Since that time, significant steps have been taken toward implementation of the transfer plan. At their April 1996 meetings, the Boards appointed their respective sector representatives to the Transfer Advisory Committee to direct, coordinate, and monitor the implementation of the proposed transfer plan. The Transfer Advisory Committee membership is listed in Appendix D. Basic to the work of the Transfer Advisory Committee in refining transfer policies and implementing the transfer plan has been the re-engineering project accomplished by the North Carolina Community College System, especially common course names, numbers, credits, and descriptions. The Community College Combined Course Library includes approximately 3,800 semester-credit courses written for the associate degree, diploma, and certificate programs offered in the system. Colleges select courses from the Combined Course Library to design all curriculum programs. Of approximately 700 arts and sciences courses within the Combined Course Library, the faculty and administrators of the community colleges recommended approximately 170 courses as appropriate for the general education transfer core. The Transfer Advisory Committee then convened a meeting on May 28, 1996, at which six University of North Carolina faculty in each of ten general education discipline areas met with six of their professional counterparts from the community colleges. Through a very useful and collegial dialog, these committees were able to reach consensus on which community college courses in each discipline were acceptable for transfer to University of North Carolina institutions as a part of the general education core. This list of courses was distributed to all University of North Carolina and community college institutions for their review and comments. Considering the recommendations of the general education discipline committees and the comments from the campuses, the Transfer Advisory Committee established the list of courses that constitutes the general education transfer core. This general education core, if completed successfully by a community college student, is portable and transferable as a block across the community college system and to all University of North Carolina institutions. With the establishment of the general education core as a foundation, joint academic disciplinary committees were appointed to draw up guidelines for community college curricula that will prepare students for intended majors at University of North Carolina institutions. Each committee consisted of representatives from each UNC institution offering such major programs and eight to ten representatives from community colleges. The Transfer Advisory Committee distributed the pre- majors recommended by the faculty committees to all University of North Carolina and community college institutions for their review and comments. Considering the faculty committee recommendations and the campus comments, the Transfer Advisory Committee established pre-majors which have significant numbers of transfers from the community colleges to the University of North Carolina institutions. The special circumstances surrounding transfer agreements for associate in applied science programs, which are not designed for transfer, require bilateral rather than statewide articulation. Special circumstances include the different accreditation criteria for faculty in transfer and non-transfer programs, the different general education requirements for transfer and non-transfer programs, and the workforce preparedness mission of the technical/community college AAS programs. A major element in the proposed transfer plan adopted by the two boards in February 1996 is the transfer information system. Simultaneously with the work being done on the general education and professional specialization (major) components of the transfer curriculum, the joint committee on the transfer information system laid out a plan, approved by the Boards of The University of North Carolina and the North Carolina Community College System, "to provide students with accurate and understandable information regarding the transfer of credits...[and] to increase the adequacy and availability of academic counseling for students who are considering a college transfer program." In addition to the printed publications currently being distributed to students, transfer counselors, admissions directors, and others, an electronic information network provides (1) electronic access to the articulation database which will include current transfer policies, guidelines, and on-line catalogs for public post-secondary institutions; (2) computerized common application forms, which can be completed and transmitted electronically along with transcripts and other education records; and (3) an electronic mail network for transfer counselors and prospective transfer students. Access to the e-mail network is available in the transfer counselors' offices and other selected sites on campuses. The final element of the transfer information system is the Transfer Student Academic Performance Report. This report, recently refined with suggestions from community college administrators, is sent annually to each community college and to the State Board of Community Colleges. These data permit the rational analysis of transfer issues and are beneficial to students and to educational and governmental decision-makers. This performance report provides the important assessment component necessary for evaluating and improving the transfer process. Articulation between the North Carolina Community College System and The University of North Carolina is a dynamic process. To ensure the currency of the Comprehensive Articulation Agreement (CAA), occasional modifications to the CAA may be necessary. These modifications may include the addition, deletion, and revision of courses on the transfer list, development and/or revision of pre- majors, and changes in course designation (i.e. additions to UGETC list or changing a course from general education to elective). The TAC will receive requests for modification only upon the recommendation of the chief academic officer of the NCCCS or UNC. Additions, deletions, and modifications may be subject to faculty review under the direction of the TAC. Because the modification process involves faculty and administrative review, this process may require up to 12 months for final action. Courses currently included on the approved transfer course list may be considered for inclusion as a Universal General Education Transfer Component (UGETC) course through the following procedures: 1. The Chief Academic Officer (CAO) of any subscribing institution submits a written request for a change in course status to the CAO of the respective system. The request should include the rationale for the revised status. 2. The system CAO then submits the request to the Director of Transfer Articulation at UNC General Administration. 3. The Director of Transfer Articulation will send the request to the Chief Academic Officers of the universities. If all the universities approve of the addition, the recommendation will be sent to the TAC and the CAOs of the two systems. 4. If all universities do not approve the request, the Director of Transfer Articulation may assemble a discipline team comprised of university and community college faculty to see if the course can be revised in a manner that will be acceptable for inclusion in the UGETC. If so, the revised course will be sent to the university CAOs for consideration.
Substantial Destruction Any damage or destruction to the Premises or the Building which Landlord is not obligated to repair pursuant to Subparagraph 20(a) above will be deemed a substantial destruction. In the event of a substantial destruction, Landlord may elect to either (i) repair, reconstruct and restore the portion of the Building or the Premises damaged by such casualty, in which case this Lease will continue in full force and effect, subject to Tenant's termination right contained in Subparagraph 20(d) below; or (ii) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate.
Familiarity with Work By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
