Undertakings Requiring Consultation. The DNR shall consult with the NPS and SHPO for Undertakings not included in Appendix C and submit the following documentation:
Undertakings Requiring Consultation Sample Clauses
Related to Undertakings Requiring Consultation
Relationship with other agreements The implementation of this Treaty shall not prejudice obligations undertaken by States Parties with regard to existing international agreements, to which they are party, where those obligations are consistent with the Treaty.
AMENDMENTS REQUIRED BY PRIME CONTRACT XXXXXX agrees that upon the request of LOCKHEED XXXXXX it will negotiate in good faith with LOCKHEED XXXXXX relative to amendments to this Contract to incorporate additional provisions herein or to change provisions hereof, as LOCKHEED XXXXXX may reasonably deem necessary in order to comply with the provisions of the applicable Prime Contract or with the provisions of amendments to such Prime Contract. If any such amendment to this Contract causes an increase or decrease in the cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made pursuant to the "Changes" clause of this Contract.
Concluding Remarks This chapter explored whether multiple concepts related to slot coordination offer scope for finding solutions for the specific issues experienced at super-congested airports relating to this dissertation’s research questions, primarily in the field of reflecting the public value associated with slots in coordination decisions and safeguarding airport access for the purposes of a competitive air transport market safeguarded by EU Regulation 1008/2008. The concepts discussed include the debate on who holds the legal title to a slot, the functionally and financially independent coordinator, the application of the new entrant rule, the implementation of a secondary market for slots and the relationship between the allocation of slots and competition law. In my view, slots are allocated to airlines as entitlements to use available infrastructure, subject to conditions such as utilization thresholds or allocation criteria. Indeed, they represent relevant operational, economic, legal and social interests and functions.1342 Inter alia, according to the Commission, slots are “critical inputs” for any entrant wishing to operate or expand services.1343 Although airlines, airports and governments alike have claimed they should be regarded as the legal owners of slots,1344 they cannot, in my view, be identified as property rights. At super-congested airports in particular, slots are valuable concepts to society at large as they safeguard public functions such as connectivity and airport access, as discussed in Chapter 2, sections 2.3 and 2.4. Accordingly, Chapter 6 recommends that the coordinator should ensure that scarce slots are declared, allocated and used in a way that is reflective of these public functions. Solving the debate on slot ownership by clarifying that slots are essentially public goods could contribute to making this recommendation work. Furthermore, a future slot regime should be cognizant of the shifted role of the coordinator from performing merely technical functions to that of a policymaker, so to say. At super-congested airports, slot allocation ultimately comes down to making decisions which airlines can and cannot operate to and from an airport.1345 With slot scarcity levels and the risk of judicial reviews of allocation decisions rising, coordinators play an increasingly important role in the correct application of the slot allocation rules. After all, airlines are all in the same ‘game’ for the last available slot pair and the coordinator continuously has to make trade-offs between competing slot requests. Though the coordinator has been delegated public functions, by no means was the slot coordinator intended to perform the task of policy making. Arguably, the coordinator has been handed a role it was never intended to perform.1346 In a constrained environment where the overall number of slots is largely fixed and there is no outlook for capacity increases, the possibilities for airlines to start or expand services requires incumbent airlines to exit or downscale their services at a particular airport.1347 Given the high value of slots at super-congested airports, it is unlikely that airlines will simply hand back the slots they hold to the coordinator, even in times of economic downturn. Instead, they may capitalize the slots they hold to pay off creditors in case of a bankruptcy or insolvency, or they may engage in slot transfers or lease agreements, as discussed in sections 5.3 and 5.6 above. Hence, airport access becomes foreclosed in its entirety to airlines wanting to expand or 1342 See European Commission, supra note 54, paragraph 11. 1343 See Case M.3770 – Lufthansa/Swiss, supra note 274, paragraph 27. 1344 See Abeyratne, supra note 55, at 36; Xxxx XxxXxxxxx, supra note 63, at 2-2. 1345 See ICAO, supra note 256. 1346 See Xxxxxx et al., supra note 18, at 9. 1347 See Xxxx XxxXxxxxx(II), supra note 113, at 111. start operations at super-congested airports with no slots freely available, or at peak times at other congested airports.
CONTINUING CONNECTED TRANSACTIONS RENTAL AGREEMENTS On 11 January 2012, Xinhua Company, as the tenant, entered into the First Rental Agreement to lease from Hua Xin Weaving the First Properties. On the same date, Xinhua Company, as the tenant, entered into the Second Rental Agreement and the Third Rental Agreement to lease from Hua Xin Plastic the Second Properties and the Third Property respectively. On 11 January 2012, Xinhua Company, as the landlord, entered into the Supplemental Rental Agreement with Xxx Xxx Xxxxxxx to amend the 2011 Rental Agreement. Details of the 2011 Rental Agreement are set out in the announcement of the Company dated 16 March 2011. Since Xxx Xxx Xxxxxxx is ultimately wholly-owned by Chim Wai Kong and Xxxx Xxx Xxxxx Xxxxxxx, both being the executive Directors and the controlling shareholders of the Company, and Xxx Xxx Plastic is wholly-owned by Xxxx Xxx Xxxx, an executive Director and controlling shareholder of the Company, Xxx Xxx Xxxxxxx and Xxx Xxx Plastic are connected persons of the Company under Chapter 14A of the Listing Rules and therefore the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement constitute continuing connected transactions of the Company under the Listing Rules. Since the applicable percentages ratios (as defined in the Listing Rules) for the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement (in aggregate) on an annual basis are less than 5%, the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement are subject to the annual review, reporting and announcement requirements of the Listing Rules and are exempt from the independent shareholders’ approval requirements under the Listing Rules. Since Xxx Xxx Xxxxxxx is a connected person of the Company under Chapter 14A of the Listing Rules, the Supplemental Rental Agreement constitutes a continuing connected transaction of the Company. Since the applicable percentages ratios (as defined in the Listing Rules) for the 2011 Rental Agreement (as amended by the Supplemental Rental Agreement) on an annual basis are less than 5%, the 2011 Rental Agreement (as amended by the Supplemental Rental Agreement) is subject to the annual review, reporting and announcement requirements of the Listing Rules and is exempt from the independent shareholders’ approval requirements under the Listing Rules. RENTAL AGREEMENTS ENTERED INTO WITH CONNECTED PERSONS WHERE THE GROUP IS A TENANT Major terms of the rental agreements On 11 January 2012, Xinhua Company, as tenant, entered into the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement. Details of these rental agreements are set out as below: The rental agreement Date Landlord Tenant Properties Term Monthly rental Payment term Other terms The First Rental Agreement 11 January 2012 Xxx Xxx Xxxxxxx Xinhua Company The First Properties comprise three buildings with an aggregate floor area of approximately 7,059.41 sq.m. 36 months commencing from 1 January 2012 RMB70,594.10 (exclusive of water and electricity charges) The monthly rental is to be paid by Xinhua Company to Hua Xin Weaving in arrears on a monthly basis Any party may terminate the First Rental Agreement by two months’ notice in advance The Second Rental Agreement 11 January Hua Xin Plastic Xinhua Company The Second Properties comprise two buildings with an aggregate floor area of approximately 3,374.16 sq.m. 36 months commencing from 1 January 2012 RMB46,103.50 (exclusive of water and electricity charges) The monthly rental is to be paid by Xinhua Company to Hua Xin Plastic in arrears on a monthly basis Any party may terminate the Second Rental Agreement by two months’ notice in advance The Third Rental Agreement 11 January Hua Xin Plastic Xinhua Company The Third Property comprises one building with a floor area of approximately 7,700.58 sq.m. 3 years commencing from 1 January 2012 RMB70,000 The monthly rental is to be paid by Xinhua Company to Hua Xin Plastic in arrears on a monthly basis Any party may terminate the Third Rental Agreement by two months’ notice in advance The annual caps Based on the monthly rentals payable by Xinhua Company under the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement, the Directors expect the total annual rentals payable by Xinhua Company under each of the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement for the three years ending 31 December 2014 will not exceed the respective maximum annual caps as below: For each of the three years ending 31 December 2012, 2013 and 2014 Estimated maximum annual cap for the First Rental Agreement RMB847,129.20 (exclusive of water and electricity charges) Estimated maximum annual cap for the Second Rental Agreement RMB553,242.00 (exclusive of water and electricity charges) Estimated maximum annual cap for the Third Rental Agreement RMB840,000,00 The Listing Rules implications Xinhua Company is company established in the PRC and is a wholly-owned subsidiary of the Company. Xxx Xxx Xxxxxxx is ultimately owned as to approximately 99.75% by Chim Wai Kong and 0.25% by Xxxx Xxx Xxxxx Xxxxxxx, both being executive Directors and controlling shareholders of the Company. Xxx Xxx Plastic is ultimately wholly-owned by Xxxx Xxx Xxxx, an executive Director and controlling shareholder of the Company. Therefore, Xxx Xxx Xxxxxxx and Hua Xin Plastic are connected persons of the Company within the meaning of Rule 14A.11 of the Listing Rules. Accordingly, the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement constitute continuing connected transactions of the Company under the Listing Rules. Since the applicable percentages ratios (as defined in the Listing Rules) for the rentals of the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement (in aggregate) on an annual basis are less than 5%, pursuant to Rule 14A.34(1) of the Listing Rules, the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement are subject to the annual review, reporting and announcement requirements and are exempted from the independent shareholders’ approval requirements under the Listing Rules. Details of the First Rental Agreement, the Second Rental Agreement and the Third Rental Agreement will be included in the annual report and accounts of the Company in accordance with Rule 14A.46 of the Listing Rules. RENTAL AGREEMENT ENTERED INTO WITH CONNECTED PERSONS WHERE THE GROUP IS A LANDLORD Major terms of the rental agreement On 11 January 2012, Xinhua Company and Xxx Xxx Xxxxxxx entered into the Supplemental Rental Agreement to amend the terms of the 2011 Rental Agreement. Further details of the 2011 Rental Agreement are set out in the announcement of the Company dated 16 March 2011. Details of the Supplemental Rental Agreement are as follows: Date 11 January 2012 Parties Landlord: Xinhua Company Tenant: Xxx Xxx Xxxxxxx The 2011 Properties Xinhua Company agreed to reduce the rental area of the 2011 Properties leased to Xxx Xxx Xxxxxxx under the 2011 Rental Agreement from 20,290.68 sq.m. to 15,351.84 sq.m. with effect from 1 January 2012. The monthly rental The monthly rental payable by Xxx Xxx Xxxxxxx under the 2011 Rental Agreement will be reduced from RMB223,197.48 (exclusive of other outgoings) to RMB168,870.24 (exclusive of other outgoings) accordingly.
PERFORMING AGENCY’S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-existing Works”), Performing Agency retains ownership of such Incorporated Pre-existing Works.
Other Undertakings 1. The Recipient shall:
ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, deleted, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto.
Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement. No response
Consulting Contract Follow-On Work: No person or firm or subsidiary thereof who has been awarded a consulting services contact or a contract which includes a consulting component may be awarded a contract for the provision of services, the delivery of goods or supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any consultant that contracts with a COUNTY agency/department to develop a feasibility study or to provide formal recommendations is precluded from contracting for any work recommended in the study or included in the recommendations.
HIRING CONTRACTORS The Owner hereby gives power to the Agent to contract, hire, supervise and/or discharge firms and persons, including utilities, required for the operation and maintenance of the Property. The Agent may perform any of the Agent’s duties through attorneys, agents, employees, or independent contractors and, except for persons working in the Agent’s firm, shall not be responsible for their acts, omissions, defaults, negligence and/or costs of same.
