Trading Activities Neither the Buyer nor its affiliates has an open short position in the common stock of the Company and the Buyer agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the common stock of the Company.
Certain Trading Activities Other than with respect to the transactions contemplated herein, since the earlier to occur of (i) the time that such Purchaser was first contacted by the Borrowers or any other Person regarding the transactions contemplated hereby and (ii) the tenth day prior to the date of this Agreement, neither the Purchaser nor any Affiliate of such Purchaser which (x) had knowledge of the transactions contemplated hereby, (y) has or shares discretion relating to such Purchaser’s investments or trading or information concerning such Purchaser’s investments, including in respect of the Notes, and (z) is subject to such Purchaser’s review or input concerning such Affiliate’s investments or trading (collectively, “Trading Affiliates”) has directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser or Trading Affiliate, effected or agreed to effect any transactions in the securities of the Borrowers (including, without limitation, any Short Sales involving the Borrowers’ securities). Notwithstanding the foregoing, in the case of a Purchaser and/or Trading Affiliate that is, individually or collectively, a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s or Trading Affiliate’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s or Trading Affiliate’s assets, the representation set forth above shall apply only with respect to the portion of assets managed by the portfolio manager that have knowledge about the financing transaction contemplated by this Agreement. Other than to other Persons party to this Agreement, disclosures to potential co-investors or as otherwise consented to by the Borrowers, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).
MANAGEMENT FUNCTIONS B.1 The Association recognizes that the management of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital except as specifically limited by the provisions of this Agreement and, without restricting the generality of the foregoing, the Association acknowledges that it is the exclusive function of the Hospital to:
(a) maintain order, discipline and efficiency;
(b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, lay- off, recall, and suspend or otherwise discipline nurses, provided that a claim of discharge or discipline without just cause may be the subject of a grievance and dealt with as hereinafter provided;
(c) determine, in the interest of efficient operation and high standards of service, job rating and classification, the hours of work, work assignments, methods of doing the work, and the working establishment for the service;
(d) generally to manage the operation that the Hospital is engaged in and, without restricting the generality of the foregoing, to determine the number of personnel required, methods, procedures, and equipment in connection therewith;
(e) make, enforce, and alter from time to time reasonable rules and regulations to be observed by the nurses which are not inconsistent with the provisions of this Agreement.
B.2 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.
Registry Functions Activity Report This report shall be compiled in a comma separated-value formatted file as specified in RFC 4180. The file shall be named “gTLD-activity-yyyymm.csv”, where “gTLD” is the gTLD name; in case of an IDN-TLD, the A-label shall be used; “yyyymm” is the year and month being reported. The file shall contain the following fields: 01 operational-registrars number of operational registrars at the end of the reporting period 02 ramp-up-registrars number of registrars that have received a password for access to OT&E at the end of the reporting period 03 pre-ramp-up-registrars number of registrars that have requested access, but have not yet entered the ramp-up period at the end of the reporting period 06 web-whois-queries number of Web-based Whois queries responded during the reporting period, not including searchable Whois 09 dns-udp-queries-responded number of DNS queries received over UDP transport that were responded during the reporting period 10 dns-tcp-queries-received number of DNS queries received over TCP transport during the reporting period 11 dns-tcp-queries-responded number of DNS queries received over TCP transport that were responded during the reporting period 12 srs-dom-check number of SRS (EPP and any other interface) domain name “check” requests responded during the reporting period 13 srs-dom-create number of SRS (EPP and any other interface) domain name “create” requests responded during the reporting period 14 srs-dom-delete number of SRS (EPP and any other interface) domain name “delete” requests responded during the reporting period 15 srs-dom-info number of SRS (EPP and any other interface) domain name “info” requests responded during the reporting period 16 srs-dom-renew number of SRS (EPP and any other interface) domain name “renew” requests responded during the reporting period 17 srs-dom-rgp-restore-report number of SRS (EPP and any other interface) domain name RGP “restore” requests delivering a restore report responded during the reporting period 18 srs-dom-rgp-restore-request number of SRS (EPP and any other interface) domain name RGP “restore” requests responded during the reporting period 19 srs-dom-transfer-approve number of SRS (EPP and any other interface) domain name “transfer” requests to approve transfers responded during the reporting period 20 srs-dom-transfer-cancel number of SRS (EPP and any other interface) domain name “transfer” requests to cancel transfers responded during the reporting period 21 srs-dom-transfer-query number of SRS (EPP and any other interface) domain name “transfer” requests to query about a transfer responded during the reporting period 22 srs-dom-transfer-reject number of SRS (EPP and any other interface) domain name “transfer” requests to reject transfers responded during the reporting period 23 srs-dom-transfer-request number of SRS (EPP and any other interface) domain name “transfer” requests to request transfers responded during the reporting period 24 srs-dom-update number of SRS (EPP and any other interface) domain name “update” requests (not including RGP restore requests) responded during the reporting period 25 srs-host-check number of SRS (EPP and any other interface) host “check” requests responded during the reporting period 26 srs-host-create number of SRS (EPP and any other interface) host “create” requests responded during the reporting period 27 srs-host-delete number of SRS (EPP and any other interface) host “delete” requests responded during the reporting period 28 srs-host-info number of SRS (EPP and any other interface) host “info” requests responded during the reporting period 29 srs-host-update number of SRS (EPP and any other interface) host “update” requests responded during the reporting period 30 srs-cont-check number of SRS (EPP and any other interface) contact “check” requests responded during the reporting period 32 srs-cont-delete number of SRS (EPP and any other interface) contact “delete” requests responded during the reporting period 33 srs-cont-info number of SRS (EPP and any other interface) contact “info” requests responded during the reporting period 34 srs-cont-transfer-approve number of SRS (EPP and any other interface) contact “transfer” requests to approve transfers responded during the reporting period 35 srs-cont-transfer-cancel number of SRS (EPP and any other interface) contact “transfer” requests to cancel transfers responded during the reporting period 36 srs-cont-transfer-query number of SRS (EPP and any other interface) contact “transfer” requests to query about a transfer responded during the reporting period 37 srs-cont-transfer-reject number of SRS (EPP and any other interface) contact “transfer” requests to reject transfers responded during the reporting period 38 srs-cont-transfer-request number of SRS (EPP and any other interface) contact “transfer” requests to request transfers responded during the reporting period 39 srs-cont-update number of SRS (EPP and any other interface) contact “update” requests responded during the reporting period The first line shall include the field names exactly as described in the table above as a “header line” as described in section 2 of RFC 4180. No other lines besides the ones described above shall be included. Line breaks shall be <U+000D, U+000A> as described in RFC 4180. For gTLDs that are part of a single-instance Shared Registry System, the Registry Functions Activity Report may include the total contact or host transactions for all the gTLDs in the system. REGISTRATION DATA PUBLICATION SERVICES
Lobbying Activities [Added]
A. Pursuant to 31 U.S.C. § 1352, and any regulations promulgated thereunder, the Contractor hereby assures and certifies, to the best of its knowledge and belief, that no federally appropriated funds have been paid, or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.
B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Contract, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”. If the Contractor is required to submit Standard Form-LLL, the form and instructions for preparation of the form may be obtained from the State.
C. The Contractor shall require that the language of this certification be included in any subcontracts and that all subcontractors shall certify and disclose accordingly.
D. The foregoing certification is a material representation of fact upon which reliance was or will be placed when entering into this Contract and any transactions with the State. Submission of this certification is a prerequisite for making or entering into any transaction as imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.
Marketing Activities The Borrower will not, and will not permit any of its Subsidiaries to, engage in marketing activities for any Hydrocarbons or enter into any contracts related thereto other than (i) contracts for the sale of Hydrocarbons scheduled or reasonably estimated to be produced from their proved Oil and Gas Properties during the period of such contract, (ii) contracts for the sale of Hydrocarbons scheduled or reasonably estimated to be produced from proved Oil and Gas Properties of third parties during the period of such contract associated with the Oil and Gas Properties of the Borrower and its Subsidiaries that the Borrower or one of its Subsidiaries has the right to market pursuant to joint operating agreements, unitization agreements or other similar contracts that are usual and customary in the oil and gas business and (iii) other contracts for the purchase and/or sale of Hydrocarbons of third parties (A) which have generally offsetting provisions (i.e. corresponding pricing mechanics, delivery dates and points and volumes) such that no “position” is taken and (B) for which appropriate credit support has been taken to alleviate the material credit risks of the counterparty thereto.
Additional Functions Upon receipt of Proper Instructions, the Custodian shall take all such other actions as specified in such Proper Instructions and as shall be reasonable or necessary with respect to Repurchase Agreement transactions and the Securities and funds transferred and received pursuant to such transactions, including, without limitation, all such actions as shall be prescribed in the event of a default under a Repurchase Agreement.
MIXED FUNCTIONS An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.
Competing Activities Notwithstanding any duty otherwise existing at law or in equity, (i) neither a Member nor a Manager of the Company, or any of their respective affiliates, partners, members, shareholders, directors, managers, officers or employees, shall be expressly or impliedly restricted or prohibited solely by virtue of this Agreement or the relationships created hereby from engaging in other activities or business ventures of any kind or character whatsoever and (ii) except as otherwise agreed in writing or by written Company policy, each Member and Manager of the Company, and their respective affiliates, partners, members, shareholders, directors, managers, officers and employees, shall have the right to conduct, or to possess a direct or indirect ownership interest in, activities and business ventures of every type and description, including activities and business ventures in direct competition with the Company.
Commercially Useful Function A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of XXXX. XXXX’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.
