When Available. If the parties agree, any dispute subject to this Exhibit may be subject to non-binding mediation subsequent to informal dispute resolution, but prior to the initiation of arbitration, regulatory, judicial, or other dispute resolution proceedings. The parties that elect mediation shall notify the Committee in writing of the election to mediate.
When Available. Lessee shall have the option to purchase Lessor's interest in the Equipment on any Payment Date for the then applicable Purchase Option Price set forth in Exhibit B, but only if Lessee is not in default under this Lease, and only in the manner provided in this Article.
When Available. The Town Hall and/or grounds may be made available between the hours of 8:00 am and 11:00 pm, seven days a week for such periods of time as the Town Board deems appropriate.
When Available the District will share the proposed premium increases received from the EBC Cooperative for the various District plans.
When Available. If upon the death of XXXX XXX he:
(a) had not yet begun to receive any payment of the Supplemental Retirement Benefit under the Agreement, and
(b) was married and had been married for the one (1) year preceding his death, and
(c) was entitled to some Accrued Benefit immediately before his death; a lump sum survivor benefit shall be payable to the surviving spouse to whom he was married for at least one (1) year ending on the date of death.
When Available. Upon the Termination of Employment of XXXX XXX:
(a) at or after his attainment of age fifty (50) years; or
(b) at the written request of the Board of Directors; or
(c) within six (6) months after a Change in Control; or
(d) after, and on account of, his Disability. and upon the filing of a written application with the Board of Directors, he shall receive a Supplemental Retirement Benefit.
When Available. A Participant may make withdrawals while employed from time to time from the Participant's Nondeductible Voluntary Account and Deductible Voluntary Account. To receive such a withdrawal, the Participant must file a request with the Committee. In the request, the Participant shall specify the dollar amount to be withdrawn. Such withdrawal request shall be approved by the Committee to be made as of the Distribution Date coincident with or next following the approval of a completed application by the Committee and shall be made, unless otherwise elected by the Participant, in a lump sum cash payment as soon as administratively feasible after such Distribution Date. ACCOUNTING - NONDEDUCTIBLE VOLUNTARY ACCOUNT. The amount of such withdrawals from the Participant's Nondeductible Voluntary Account shall be deemed to have been first taken from the Participant's nondeductible voluntary contributions made prior to January 1, 1987, to the extent of the aggregate amount not previously withdrawn. Thereafter, withdrawals shall be deemed to have been taken from a combination of (i) the Participant's nondeductible voluntary contributions made after December 31, 1986, to the extent of the aggregate amount thereof not previously withdrawn, and (ii) a portion of the earnings in the Nondeductible Voluntary Account. The portion of each such withdrawal that is deemed to be earnings will be in the same ratio as the total earnings of the Nondeductible Voluntary Account bear to the total Nondeductible Voluntary Account.
When Available. A Participant may receive an in-service distribution while employed from his or her vested Total Account if the Participant has attained age fifty-nine and one-half (59-1/2) years. To receive such a distribution, the Participant must file an in-service distribution request with the Committee. In the request, the Participant shall specify the dollar amount to be distributed. Such in-service distribution shall be approved by the Committee to be made as of the Distribution Date coincident with or next following the approval of the request by the Committee and shall be made, unless otherwise elected by the Participant, in a lump sum cash payment as soon as administratively feasible after such Distribution Date.
When Available. A Participant may receive an in-service hardship distribution while employed from his or her Elective Account if the Committee determines that such hardship distribution is for one of the purposes described in Section 7.8.2 and the conditions in Section 7.8.3 and Section 7.8.4 have been fulfilled. To receive such a distribution, the Participant must file a hardship distribution application with the Committee. In the application, the Participant shall specify the dollar amount to be distributed. Such hardship distribution shall be approved by the Committee and such hardship distribution shall be made, unless otherwise elected by the Participant, in a lump sum cash payment as soon as administratively feasible following the approval of a completed application by the Committee.
When Available. A Program MII may take place if the Signatory Airlines wish to (i) challenge a non- unanimous decision rendered by the ESC or (ii) trigger an Off-Ramp from the Program and cease further work on the Third Amendment Projects.
