Sentences with phrase «as applicable provisions»

Not exact matches

Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.

Also, more controversial provisions — such as requirements to execute enforceable written contracts under the Best Interest Contract and Principal Transactions Exemption, and changes to PTE 84 - 24 (other than the addition of the Impartial Conduct Standards)-- are not applicable until January 1, 2018, while the Department is honoring the President's directive to take a hard look at any potential undue burdens and decides whether to make significant revisions.

The administrator will determine the methods of payment of the exercise price of an option, which may include cash, shares, or other property acceptable to the administrator, as well as other types of consideration permitted by applicable law and the other terms of the option, subject to the provisions of our 2015 Plan.

The administrator will determine the methods of payment of the exercise price of an option, which may include, to the extent permitted by applicable law, cash, shares, or other property acceptable to the administrator, as well as other types of consideration, subject to the provisions of our 2015 Plan.

This summary is based upon provisions of the Code, applicable U.S. Treasury regulations promulgated thereunder, published rulings and judicial decisions, all as in effect as of the date hereof.

Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the ADSs or ordinary shares may not be circulated or distributed, nor may the securities be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (i) to an institutional investor pursuant to Section 274 of the Securities and Futures Act, Chapter 289 of Singapore, or SFA, (ii) to a relevant person (as defined in Section 275 (2) of the SFA), or any person pursuant to Section 275 (1A), and in accordance with the conditions, specified in Section 275 of the SFA, or (iii) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA.

In the event that (i) the Board of Directors proposes, recommends, approves or otherwise submits to the shareholders of the Company, for shareholder action, a Deemed Liquidation Event, and (ii) a Holder has not received written notice from the holders of a majority of the shares of Key Holder Common Stock that such holders approve the Deemed Liquidation Event, then such Holder hereby agrees to vote (in person, by proxy or by action by written consent, as applicable) all shares of capital stock of the Company now or hereafter directly or indirectly owned of record or beneficially by such Holder against the Deemed Liquidation Event, to assert statutory dissenters» rights with respect to the Deemed Liquidation Event, and to take such other action in derogation of the Deemed Liquidation Event as shall be requested by the holders of a majority of the shares of Key Holder Common Stock in order to carry out the terms and provision of this Section x.y..

Non-GMO Project hereby grants you a non-exclusive, revocable license to use the Website and any materials provided via the website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not reproduce, copy, distribute, or make derivative works of the Website, the Standard (except for the limited right to download a personal copy of the Standard), or any other materials form the Website, in any medium without Non-GMO Project's prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws.

It ordered that «(a) The Electoral Commission takes steps immediately to delete or as is popularly known «clean» the current register of voters to comply with the provisions of the 1992 Constitution, and applicable laws of Ghana; [and] That any person whose name is deleted from the register of voters by the Electoral Commission pursuant to order (a) above be given the opportunity to register under the law.»

(c) False information in registering or voting; penalties Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $ 10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.

But the court by its judgment reinforces NLNG's position that by the provisions of the applicable laws, the company was not subject to payment to NIMASA of the three percent gross freight as well as the Sea Protection Levy and that the two percent Cabotage Levy is inapplicable because NLNG's vessels are not involved in coastal trade or cabotage.

-- Nothing in this section or title V shall be construed as requiring termination of operations of a stationary source that is a covered entity for failure to have an approved permit, or compliance plan, that is consistent with the requirements in the second and fifth sentences of subsection (a) concerning the holding of allowances or offset credits, except that any such covered entity may be subject to the applicable enforcement provision of section 113.

(E) the structure complies with the applicable provisions of such other energy efficiency requirements, standards, checklists, or ratings systems as the Secretary may adopt and apply by regulation, as may be necessary, for purposes of this section for specific types of residential single - family or multifamily structures or otherwise, except that the Secretary shall make a determination regarding whether to adopt and apply any such requirements, standards, checklists, or rating system for purposes of this section not later than the expiration of the 180 - day period beginning upon the date of receipt of any written request, made in such form as the Secretary shall provide, for such adoption and application.

A nonresidential structure shall be considered to comply with the energy efficiency standards under this subsection if the structure complies with the applicable provisions of any such energy efficiency requirements, standards, checklist, or rating systems identified and adopted by the Secretary pursuant to this paragraph, as such standards are in effect for purposes of this section pursuant to subsection (c).

The technical evaluation of projects may require the provision of additional data such as information on the genetic modification of your mutant mouse line if applicable (e.g. affected gene, MGI ID of the gene, type of mutation, ES - cell line used, genetic background (e.g. number of backcross generations), safety level, description of DNA modification, vector, remaining non-recipient DNA, donor organism), mutant phenotype (s), special housing or care requirements, current sanitary status, and intellectual property rights (who generated the mouse line, owner of the mouse line)

(c) If you object to any provision of these terms and conditions and / or the privacy (as applicable from time to time) you must immediately cease accessing and using the website.

A full choice and selection of television and radio channels available from us from time to time, territory permitting and which may be subject to subscription charges for access where applicable, with the ability to upload your own content subject to adherence of our general terms of use and the provisions of this Agreement, (together referred to as «the Services»).

If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated.

For purposes of this requirement, repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom shall mean engaging in conduct which results in the removal of the student from the classroom by teacher (s) pursuant to the provisions of Education Law, section 3214 (3 - a) and the provisions set forth in the code of conduct on four or more occasions during a semester, or three or more occasions during a trimester, as applicable;

To the fullest extent permitted by applicable law, the National Education Union expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

Therefore, the findings and recommendations in this report, as well as descriptions of REAP provisions and practices, are applicable to the program as authorized by the Elementary and Secondary Education Act as amended in 2001; they do not represent implementation under the ESSA.

Our collection, use, and disclosure of Student Data is governed by our agreements with the School, in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA) and applicable state laws, and by other state, federal, and international laws as applicable.

Each program or activity conducted by the local educational agency (LEA) will be conducted in compliance with the provisions of Chapter 2, (commencing with § 200), Prohibition of Discrimination on the Basis of Sex, of Part 1 of Division 1 of Title I of the California Education Code (EC), as well as all other applicable provisions of state law prohibiting discrimination on the basis of sex.

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

Any notice of a meeting or election to members given by Learning Forward, and any notice whatsoever required to be given under the provisions of these Bylaws to any member, Director, officer or committee member for any other reason, may be given in writing by mail, or by telegraph, telex, cable, wireless, facsimile, e-mail or other electronic mail, or any other means of electronic transmission (referred to below as «being given by the use of authorized communications equipment»), addressed or transmitted to such person at such address as appears on the books and records of Learning Forward, or by publication on the Learning Forward website, or in any manner permitted by applicable law.

The term «Federal share» means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this ACT and as specifically set forth in section 301 (b)(3): Provided, That with respect to * payments pursuant to part B of title I of this ACT to any State which are used * to meet the costs of construction of those REHABILITATION facilities identified in section 103 (b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301 (b)(3) applicable with respect to that State and that, for the purpose of determining the non - Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and conditions as the Secretary shall by regulation prescribe, be regarded as expenditures by such State.

Subsequent to DOT's establishment of the pilot program, Congress enacted Section 192 as a General Provision in the Consolidated Appropriations Act, 2016, that expressly authorizes DOT to permit the use of hiring preferences for construction projects if the grantee certifies that a pool of readily available but unemployed skilled individuals are available to meet the preference, that it will include a provision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation ImprovementProvision in the Consolidated Appropriations Act, 2016, that expressly authorizes DOT to permit the use of hiring preferences for construction projects if the grantee certifies that a pool of readily available but unemployed skilled individuals are available to meet the preference, that it will include a provision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvementprovision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program.

-- Each Federal agency that has responsibility under paragraph (2) for implementing this Act shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this Act no later than six months after applicable final regulations are published under titles I, II, III, and IV.

88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith.

(c) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug and alcohol testing regulations.

If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

I / We fully understand that it is a Federal crime punishable by fine or imprisonment, or both, to knowingly make any false statements when applying for this mortgage, as applicable under the provisions of Title 18, United States Code, Section 1014.

Also, as permanent insurance, the cash value account in universal life grows tax - deferred and can be accessed by the policyholder in the form of loans or withdrawals, subject to any applicable policy provisions.

A loan broker shall comply with the provisions of the federal Gramm - Leach - Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the loan broker is a financial institution as defined in those regulations.

Any contract for services which does not comply with applicable provisions of this article shall be void and unenforceable as contrary to public policy.

If any provision of these Terms and Conditions is held to be invalid or unenforceable under any applicable law or regulation, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected, and in place of each such invalid or unenforceable provision will be deemed added automatically as a part of these Terms and Conditions a provision that is valid and enforceable in as similar terms to such replaced provision as is possible.

dollars ($ 2,000) shall be subject to the provisions of Section 8 -8-5, or Sections 5 -20-2, et seq., as applicable.

Effective June 19, 1996, an existing precomputed consumer credit transaction contract and a subsequent precomputed consumer credit transaction document may be consolidated provided that the consumer can not be required to consolidate the contracts as a condition for the extension of credit nor can the creditor be required to extend credit; and provided further, that if such contracts are consolidated, the annual percentage rate resulting from the consolidation can be no greater than the annual percentage rate on the prior existing consumer credit transaction contract nor can the consumer be charged any duplicate fees or expenses that originated in the existing consumer credit transaction contract, provided, however, that finance charges and other charges and fees rebated in accordance with applicable law and those charges as permitted by Section 5 -19-4 (f) and UCC filing fees or nonfiling insurance premiums in lieu thereof are excluded from this provision.

Except as modified hereby, the provisions of Alabama Act No. 94 - 115 remain applicable to consumer credit transactions entered into on, before, and after February 24, 1994.

If found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damages.

(d) Banks and credit unions may reproduce and maintain records and documents in conformity with this section as long as the reproduction and maintenance methods used do not conflict with any other provisions of this code applicable to banks or credit unions or with any rule of the commissioner of banking.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

However, provisions that incentivize spay / neuter in these situations can be an effective strategy that does not create unintended negative consequences, such as preventing low income owners from reclaiming pets due to inability to pay applicable fees.

Travel by sea is governed by the provisions of the Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 as amended in 1976 (the Athens Convention) and, where applicable, EU Regulation 392/2009 relating to the Liability of carriers of passengers by sea in the event of accidents.

If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.

In accordance with the provisions of the Federal Law for the Protection of Personal Information Held by Third Parties (LFPD — Mexican acronym) and other applicable regulations, Hotelera Palace Resorts, SAPI de C.V. (hereinafter commonly referred to as «Grupo Palace Resorts» or «Controller», whose domicile to hear and receive communications is: Carretera Cancún Puerto Morelos km 21, Manzana 01, Lote 1 — 11, Edificio A, Supermanzana 47, Municipio Benito Juárez, Cancún, Quintana Roo, C.P. 77506, expressly states:

Excludes the following units from consideration as major emitting facilities or major stationary sources (or parts thereof) for purposes of compliance with provisions concerning prevention of significant deterioration of air quality and plan requirements for nonattainment areas: (1) those that are subject to the performance standards of this Act; or (2) those with properly operated and maintained equipment to limit particulate matter emissions or subject to a permit under an applicable implementation plan that provides a specified particulate matter emissions limitation and that use good combustion practices to minimize carbon monoxide emissions.

Does this mean that EU law has effectively lowered the legal protection of individuals in Italy and any other Member State that considers the principle of legality or legal certainty to be universally applicable, regardless of whether some provisions are labelled as substantive or procedural?

For example, pointed out the court, although the UK has opted in to the Council Regulation (EC) No 4/2009 of 18 December 2008 on enforcement of maintenance orders, it has opted out of the provisions of the Hague Protocol 2007 as to applicable law (ie other states, required to apply the law to an English order, will be required to apply English law).