Substitute Entity Sample Clauses

Substitute Entity. 33.3.1 Upon the occurrence of an event in Clause 27 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks- 33.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and 33.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement. 33.3.2 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 33.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable). 33.3.3 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
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Substitute Entity. 32.4.1 Upon the occurrence of an event in Clause 24 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the Remedy Period (in the event a Remedy Period is provided), or, where no Remedy Period is provided, upon the occurrence of such event, SANParks shall have the right to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks- 32.4.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; 32.4.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements; and 32.4.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 32.4.2 In the event of SANParks appointing a Substitute Entity pursuant to this Clause 32.4, the provisions of Clause 18, shall apply, mutatis mutandis. 32.4.3 The Private Party shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 32.4 (including, without limitation, any relevant increased administrative expenses). 32.4.4 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Private Party.
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Substitute Entity. 18.2.1 Upon the occurrence of an event in Clause 17.1 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the Remedy Period (in the event a Remedy Period is provided), or, where no Remedy Period is provided, upon the occurrence of such event, SANParks shall have the right to appoint a Substitute Entity, subject to agreement by the Lenders, that the Substitute Entity nominated by SANParks - 18.2.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; 18.2.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements as demonstrated by its ability to meet the criteria set out in Annexure VII; and 18.2.1.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution. 18.2.2 If SANParks does not wish or is not able to nominate a Substitute Entity pursuant to Clause 18.2.1 or if there has been an event of default under the Loan Agreements and an acceleration of all amounts outstanding under the Loan Agreements, the Lenders shall have the right to appoint a Substitute Entity subject to agreement by SANParks that the Substitute Entity nominated by the Lenders: 18.2.2.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; 18.2.2.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement and the Loan Agreements as demonstrated by its ability to meet the criteria set out in Part A of Annexure VII; and 18.2.2.3 has the financial capability to pay any damages or other sums outstanding which SANParks is entitled to receive from the Private Party before or at the time of such substitution.
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Substitute Entity. 31.1 Upon the occurrence of any event in clause 29 entitling the Developer to terminate this Concession Contract, upon the expiry of the Remedy Period (in the event a Remedy Period is provided), or where no Remedy Period is provided, upon the occurrence of such event, the Developer shall have the right to appoint a Substitute Entity. 31.2 Upon the appointment of a Substitute Entity in terms of clause 31.1 above, the rights and obligations of the Concessionaire under this Concession Contract shall be ceded and delegated to such Substitute Entity.
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Substitute Entity. Substitute entity nominated by the Council
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Substitute Entity. 34.3.1 Upon the occurrence of an event in Clause 28 entitling SANParks to terminate this Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks- 34.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and 34.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Operator under the Agreement. 34.3.1.3 The Operator shall reimburse SANParks with all costs incurred by SANParks in exercising any of its rights in terms of this Clause 34.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable). 34.3.1.4 The rights of SANParks under this Clause are in addition (and without prejudice) to any other right which SANParks may have in law to claim the amount of loss or damages suffered by SANParks on account of the acts or omissions of the Operator.
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Substitute Entity. 32.3.1 Upon the occurrence of an event in Clause 26 entitling SANParks to terminate this PPP Agreement, and upon the expiry of the remedy period (in the event a remedy period is provided), or, where no remedy period is provided, upon the occurrence of such event, SANParks shall have the right, subject to the PFMA, to appoint a substitute entity, that the substitute entity nominated by SANParks- 32.3.1.1 is legally and validly constituted and has the capability to enter into such agreements as may be reasonably required to give effect to the substitution; and 32.3.1.2 has the financial and technical capability sufficient to perform and assume the obligations of the Private Party under the PPP Agreement. 32.3.2 The Private Party shall reimburse SANParks with all costs incurred by XXXXxxxx in exercising any of its rights in terms of this Clause 32.3 (including, without limitation, any relevant increased administrative expenses and attorney and own client costs, where applicable).
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Substitute Entity. 19.1. Upon the occurrence of an event entitling the Authority to terminate this Licence, and upon the expiry of the Remedy Period (in the event a Remedy Period is provided), or, where no Remedy Period is provided, upon the occurrence of such event, the Authority shall have the right at its sole discretion to license a substitute entity to conduct the Operations on its behalf. 19.2. Immediately following the licensing of a substitute entity, the Licensee shall make available its Operating equipment and assets for a period not exceeding 90 (ninety) days. The Operating equipment shall be used at the cost and risk of the substitute entity.
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Related to Substitute Entity

  • Substitute Employee A person who takes the place of an employee on a non-permanent, day-to-day basis, until the regularly assigned employee returns or is replaced.

  • Substitute Checks You agree not to deposit any substitute check or similar item that you have created, or for which no financial institution has provided any substitute check warranties and indemnity. If you do so, you agree to indemnify us for all losses we incur in connection with the substitute check or item. You agree not to deposit any substitute check without our consent.

  • Substitute Employees Employees replacing another on leave of absence from the position shall be known as substitute employees. Those substitutes who exceed 194 workdays in the fiscal year shall not gain permanent employment rights with the District. However, the agency shop provisions of this contract shall cover the employee.

  • Substitute Members No Member shall have the right to substitute a transferee of all or any part of such Member’s Units in its place, except as provided in this Article 11. Any such transferee of Unit(s) (whether pursuant to a voluntary or involuntary Transfer) shall be admitted to the Company as a Substitute Member only (i) with the consent of the Manager granted at its sole discretion, (ii) by satisfying the requirements of this Article 11, and (iii) upon the receipt of all necessary consents of governmental and regulatory authorities. Persons who become Substitute Members pursuant to Article 11.5 need not comply with clause (i) of the preceding sentence. Each transferee of all or part of a Member's Membership Units, as a condition to its admission as a Substitute Member, shall execute and acknowledge such instruments, in form and substance satisfactory to the Manager, as the Manager reasonably deems necessary or desirable to effectuate such admission and to confirm the agreement of such person to be bound by all the terms and provisions of this Agreement with respect to the Membership Units acquired. All reasonable expenses, including attorneys’ fees, incurred by the Company in this connection shall be borne by such person.

  • Substitute Teachers 21.01 A substitute teacher is employed by the Division either to replace a regular teacher or fulfill an assignment which is less than twenty (20) consecutive days in duration. 21.02 Upon commencement of the sixth (6th) day of substitute teaching in the same assignment, a substitute teacher shall be paid for each day taught at the per diem rate (to be calculated as 1/x of the salary to which a teacher of the same qualifications and experience would be entitled under the basic salary schedule of the current collective agreement, where x equals the number of days in the current school year). This rate of pay shall be retroactive to the first day of the teaching assignment and shall continue in effect until the end of that specific teaching assignment. In-service days, administrative days and school closure days shall not constitute a break in the consecutive days for that specific teaching assignment. 21.03 Substitute teachers shall be paid as follows: Daily Rate (including vacation pay) 165.66 ** **Substitute Teacher rates for the 2021/2022 school year will be effective on the date the parties confirm the amount of the COLA adjustment (in January 2022 or as soon as possible thereafter.) Pay relating to the salary earned by substitute teachers during any month shall be forwarded to those teachers not later than the fifteenth (15th) day of the following calendar month. 21.04 Manitoba Teachers’ Society fees and Xxxxxxx Teachers’ Association fees shall be deducted from a substitute teacher’s pay. The Association shall indemnify and save harmless the Division from any and all losses, costs, liabilities or expenses suffered or sustained by the Division as a result of any claim or legal action arising from the deduction of local Association fees or Manitoba Teachers’ Society Fees. 21.05 A substitute teacher who has been employed for at least nine (9) consecutive days of substitute teaching in the same assignment in a school year shall be entitled to one (1) day of sick leave with pay for each nine (9) days taught in that assignment. Sick leave shall not accumulate from assignment to assignment. The use of sick leave with pay shall not constitute an interruption of the substitute teaching assignment. 21.06 If a substitute teacher is absent from a period of substitute teaching on account of bereavement leave granted in accordance with Board practice or policy, and that substitute teacher returns to the same substitute teaching assignment immediately following the period of bereavement, the period of leave shall not constitute an interruption of the substitute teaching assignment. 21.07 The provisions of the Collective Agreement do not apply to substitute teachers except as expressly provided for in Article 21 – Substitute Teachers: Article 1 – Obligation To Act Fairly Article 2 – Purpose

  • Admission of a Substitute or Additional General Partner A Person shall be admitted as a substitute or additional General Partner of the Partnership only if the following terms and conditions are satisfied: (a) the Person to be admitted as a substitute or additional General Partner shall have accepted and agreed to be bound by all the terms and provisions of this Agreement by executing a counterpart thereof and such other documents or instruments as may be required or appropriate in order to effect the admission of such Person as a General Partner, and a certificate evidencing the admission of such Person as a General Partner shall have been filed for recordation and all other actions required by Section 2.5 hereof in connection with such admission shall have been performed; (b) if the Person to be admitted as a substitute or additional General Partner is a corporation or a partnership it shall have provided the Partnership with evidence satisfactory to counsel for the Partnership of such Person’s authority to become a General Partner and to be bound by the terms and provisions of this Agreement; and (c) counsel for the Partnership shall have rendered an opinion (relying on such opinions from other counsel and the state or any other jurisdiction as may be necessary) that the admission of the person to be admitted as a substitute or additional General Partner is in conformity with the Act, that none of the actions taken in connection with the admission of such Person as a substitute or additional General Partner will cause (i) the Partnership to be classified other than as a partnership for federal income tax purposes, or (ii) the loss of any Limited Partner’s limited liability.

  • Substitute Teaching An adjunct faculty member who is interested in a substitute teaching assignment may be assigned to teach as a substitute in a course section for which the adjunct faculty member is qualified to teach. Each semester an adjunct faculty member may submit to the appropriate Xxxx a written request, on a form provided by the College, which shall indicate his/her willingness and availability to act as a substitute teacher and a reliable means by which to contact the adjunct faculty member on short notice. An adjunct faculty member who is selected to substitute teach shall be paid in accordance with Article 8.4.

  • Substitute Pay When a faculty member is absent and a paid substitute is approved by the area administrator, the substitute will be paid at the appropriate LHE rate.

  • Qualified Transferee Any Transfer of a Partnership Interest shall be made only to a single Qualified Transferee; provided, however, that, for such purposes, all Qualified Transferees that are Affiliates, or that comprise investment accounts or funds managed by a single Qualified Transferee and its Affiliates, shall be considered together to be a single Qualified Transferee; and provided, further, that each Transfer meeting the minimum Transfer restriction of Section 11.3.A(4) hereof may be to a separate Qualified Transferee.

  • Admission of Substitute Limited Partner (a) Subject to the other provisions of this Article 9, an assignee of the Limited Partnership Interest of a Limited Partner (which shall be understood to include any purchaser, transferee, donee, or other recipient of any disposition of such Limited Partnership Interest) shall be deemed admitted as a Limited Partner of the Partnership only with the consent of the General Partner and upon the satisfactory completion of the following: (i) The assignee shall have accepted and agreed to be bound by the terms and provisions of this Agreement by executing a counterpart or an amendment thereof, including a revised Exhibit A, and such other documents or instruments as the General Partner may require in order to effect the admission of such Person as a Limited Partner. (ii) To the extent required, an amended Certificate evidencing the admission of such Person as a Limited Partner shall have been signed, acknowledged and filed for record in accordance with the Act. (iii) The assignee shall have delivered a letter containing the representation set forth in Section 9.1(a) hereof and the agreement set forth in Section 9.1(b) hereof. (iv) If the assignee is a corporation, partnership or trust, the assignee shall have provided the General Partner with evidence satisfactory to counsel for the Partnership of the assignee’s authority to become a Limited Partner under the terms and provisions of this Agreement. (v) The assignee shall have executed a power of attorney containing the terms and provisions set forth in Section 8.2 hereof. (vi) The assignee shall have paid all legal fees and other expenses of the Partnership and the General Partner and filing and publication costs in connection with its substitution as a Limited Partner. (vii) The assignee has obtained the prior written consent of the General Partner to its admission as a Substitute Limited Partner, which consent may be given or denied in the exercise of the General Partner’s sole and absolute discretion. (b) For the purpose of allocating Profits and Losses and distributing cash received by the Partnership, a Substitute Limited Partner shall be treated as having become, and appearing in the records of the Partnership as, a Partner upon the filing of the Certificate described in Section 9.3(a)(ii) hereof or, if no such filing is required, the later of the date specified in the transfer documents or the date on which the General Partner has received all necessary instruments of transfer and substitution. (c) The General Partner shall cooperate with the Person seeking to become a Substitute Limited Partner by preparing the documentation required by this Section and making all official filings and publications. The Partnership shall take all such action as promptly as practicable after the satisfaction of the conditions in this Article 9 to the admission of such Person as a Limited Partner of the Partnership.

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