Sentences with phrase «as such waiver»

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»

The parties also irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.»

Not exact matches

References provided by candidates are unlikely to be negative, so ask for a background check waiver that allows you to talk to secondary references, such as mutual connections on LinkedIn, who may give you honest insight on how the candidate really performs.

Term life insurance policies are quite cheap and can come with a variety of riders offering such assistance as disability income, waiver of premiums, and an accelerated death benefit in the case you become permanently disabled.

If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.

As such, we encourage the Committee to also devote time and attention to several issues that will help ensure the long - term stability of the individual market, including: Section 1332 waivers under the ACA; long - term stability funding; limiting third - party premium payments; and returning to the states more regulatory authority over the individual and small group markets.

«The vesting of each executive's awards will accelerate upon termination of his employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's employment agreement) if such termination takes place upon or within two years following a change in control (as defined in such executive's employment agreement) that occurs during the term of his employment agreement and such executive signs a general waiver and release that has become effective.»

Some financial establishments also offer cards with low intro rates and perks such as cash back, a long introductory period of 18 months, no annual fee or annual fee waivers, and many others.

The first are agreements such as the ones that Weinstein Company apparently had employees routinely sign — broad waivers forbidding employees from making any critical comments that could harm the company's «business reputation» or «any employee's personal reputation.»

Some fixed annuities provide waivers for surrender charges under special circumstances, such as a nursing home stay.

I am Greek Orthodox and as such we do believe in birth control, but to force the Catholic Church to go against its beliefs is against Freedom of Religion in our country After giving over 1,200 waivers this administration chose to force the Catholic Church to follow its regulations is irrational.

No waiver of any of the terms of this Terms of Service will be valid unless in writing and designated as such.

Any forbearance or delay on the part of either party in enforcing any of its rights under this Terms of Service will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence.

Such waivers would be for only one year but the amendment, if passed, is widely seen as a first step in chipping away permanently at the nutritional advances of the 2010 Healthy, Hunger - Free Kids Act (HHFKA).

(B) his waiver of all benefits and other payments under titles II and XVIII of the Social Security Act on the basis of his wages and self - employment income as well as all such benefits and other payments to him on the basis of the wages and self - employment income of any other person, and only if the Commissioner of Social Security finds that --

They also pointed out how the education department has made recent adjustments to standardized testing, such as reducing the number of questions and testing time on state assessments for students in grades 3 through 8 this school year, and receiving a federal waiver to stop «double testing» in math for seventh and eighth graders through a combination of state and federal testing.

As a result of the testimony given, the report recommends the state Department of Education immediately address several concerns, such as expediting waivers from the U.S. Department of Education «to relax onerous and rigid testing restrictions placed on certain students,» especially with English as a Second Language students and students with disabilities; producing all missing or incomplete curriculum modules; aligning assessments proportionally to curriculum actually implemented; and increasing funding for the professional development of teacherAs a result of the testimony given, the report recommends the state Department of Education immediately address several concerns, such as expediting waivers from the U.S. Department of Education «to relax onerous and rigid testing restrictions placed on certain students,» especially with English as a Second Language students and students with disabilities; producing all missing or incomplete curriculum modules; aligning assessments proportionally to curriculum actually implemented; and increasing funding for the professional development of teacheras expediting waivers from the U.S. Department of Education «to relax onerous and rigid testing restrictions placed on certain students,» especially with English as a Second Language students and students with disabilities; producing all missing or incomplete curriculum modules; aligning assessments proportionally to curriculum actually implemented; and increasing funding for the professional development of teacheras a Second Language students and students with disabilities; producing all missing or incomplete curriculum modules; aligning assessments proportionally to curriculum actually implemented; and increasing funding for the professional development of teachers.

«As you know... the Commissioner is empowered to grant a waiver to an «exceptionally qualified» candidate who does not meet all the graduate course or teaching requirements in law if he finds that the candidate has «exceptional training and experience» which are the «substantial equivalent» of such requirements,» Steiner wrote in the letter addressed to Brooklyn Assemblyman Hakeem Jeffries and several other officials who expressed concern about Black's qualifications.

This workshop will touch on the most common pathways that postdoctoral researchers can use to adjust to permanent residency status, including employment based filings such as Labor Certification for college and university teachers and the Outstanding Professor / Researcher category, as well as categories in which one can self - petition, including the Extraordinary Ability and National Interest Waiver categories.

Two out of three U.S. states overhauled teacher evaluations between 2009 and 2015, supported by federal incentives such as Race to the Top and Teacher Incentive Fund grants, as well as No Child Left Behind Act waivers.

The U.S. Department of Education so far has granted conditional waivers to 26 states from mandates such as the 2013 - 14 deadline for bringing all students to proficiency on state tests and the NCLB law's teacher - quality requirements.

Accountability provisions such as these are likely to be muted under the new NCLB waivers, which stipulate that states must focus their improvement efforts on the lowest - performing 15 % of schools, but de-emphasize performance of student sub-groups in every school.

Rotherham observes that there are some broadly supported provisions in the administration's waiver package, such as getting rid of NCLB's «highly qualified teacher rules,» which many states «have gamed... to the point of meaninglessness.»

The department is offering NCLB waivers to states that agree to teach all students, including ELLs, to high - level «college and career - ready» standards, such as the Common Core and Next Generation Science standards.

This reliance on summative will in turn stunt other policy efforts, such as competency - based education or seat - time waivers.

Once you understand this basic lens through which the Obama administration * sees the world, all of its major education initiatives — such as Race to the Top, School Improvement Grants, and NCLB waivers — make a lot more sense.

Many low - income students may therefore be poorly informed about their college opportunities or deterred by apparently small barriers such as the paperwork required to request a waiver for application fees.

However, because such a policy is likely to be controversial in a country dedicated to open access, and might have unintended effects, it would be best to test it out in a small - scale program, under a state waiver as allowed by the president's proposed Race to the Top Fund for higher education.

Specific actions, such as public school choice and supplemental educational services for students in schools identified for accountability consequences, become optional in waiver states, and few waiver states continue to require these specific interventions.

[23] The designated ESEA requirements that can be set aside in states that obtain such waivers include some of the most significant outcome accountability requirements, such as the requirement that states set performance standards for schools and LEAs aiming toward a goal of 100 percent student proficiency in reading and mathematics by the end of the 2013 - 14 school year and take a variety of specific actions with respect to all schools and districts that fail to make adequate yearly progress toward this goal.

In many waiver states, some of the primary accountability determinations, such as the selection of Priority schools, are based on the performance of all students plus students in a limited number of demographic subgroups.

Such innovation is sabotaged by the waiver plan due to limited time and financial resources as well as little evidenced - based research to model.

Harkin told HuffPost that he is «hopeful» the bill will become law before implementation of waivers allowing states to forego certain No Child Left Behind rules, such as those requiring all students to be proficient in math and reading by 2014.

In response to such legislative inaction, Secretary Duncan took bold steps to foster reform — most notably by issuing ESEA waivers to states who signed on to support his priorities, such as performance - based teacher evaluations and the removal of statutory caps on the number of charter schools.

The federal government, as a condition for a waiver from the No Child Left Behind law, is requiring that states adopt a minimum of three performance levels, such as «meets expectations, doesn't meet expectations, and needs improvement.»

The waiver exempts Indiana from meeting No Child Left Behind standards, such as a 100 percent proficiency in math and language arts by this year and other parameters regarding teacher evaluations and school performance.

As an example, Tuck cited Torlakson's resistance to certain reforms, such as using student test scores to evaluate teachers, which helped cost California a federal waiver from No Child Left Behind regulationAs an example, Tuck cited Torlakson's resistance to certain reforms, such as using student test scores to evaluate teachers, which helped cost California a federal waiver from No Child Left Behind regulationas using student test scores to evaluate teachers, which helped cost California a federal waiver from No Child Left Behind regulations.

Such reliance remains even though the Obama administration has granted waivers to 43 states as well as the District of Columbia and Puerto Rico from many NCLB's mandates, including the law's central accountability provision.

(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

States that receive waivers will still test students annually, but in September, their schools will no longer face the punitive measures outlined in No Child Left Behind, such as firing half a school's staff members, removing the principal or even shutting down a school altogether.

Based on all the complaints from Washington State politicians and conservative Beltway school reformers such as Michael Petrilli of the Thomas B. Fordham Institute reported by Motoko Rich last Sunday in New York Times, you would think that the Obama Administration's leveled a great injustice by not renewing the waiver given to it two years ago to ignore the No Child Left Behind Act.

The decision three years ago by President Barack Obama to not push for a budget for 2010 - 2011, a move to which Democrats who controlled all of Congress at the time had acquiesced (even as it was clear that the party would lose control of the federal lower house), has resulted in sequestration - triggered budget cuts that denies the administration funding it can leverage through competitive grant programs such as Race to the Top in order to force states to fulfill their promises under the waiver.

And he said there would be the potential of waivers or exceptions for candidates who could show their qualifications in other ways, such as high SAT scores or recommendations from their programs.

States such as Kansas, Oregon, and Washington State (likely with help from congressional leaders who represent their states) have pushed back on the administration's effort to place their waivers into so - called «high risk status» (and thus, threatening to cancel them).

Will the waiver permit academic accountability that sets different goals for students in math and reading based on their race, economic status, ability to speak English and disabilities such as Florida and Alabama have?

The entire waiver process was sloppily administered in the first place, with Duncan granting waivers to states (and allowing them to ignore whole sections of No Child) even thought they have not yet implemented or enacted all the proposals within their applications, and the administration ignoring concerns raised by its own peer review panels about such matters as how states have ignored the need to gain consultation on proposed changes from American Indian tribes as required under the U.S. Constitution (as well as from black and Latino communities equally affected by the evisceration of accountability).

The administration promised $ 1 billion in new spending on preschool; spurred states to adopt controversial K - 12 reforms such as performance - based teacher evaluations and the adoption of the Common Core State Standards through its Race to the Top grant program and waivers to the No Child Left Behind law; significantly expanded the federal School Improvement Grant program to turn around low - performing schools; targeted for - profit colleges and attempted to increase accountability in the higher education sector; and pushed a proposal by the president to make community college free.

The best indicator of the imperfections of NCLB is the large number of states that the federal government has awarded waivers from NCLB requirements in exchange for planning and pursuing new policies, such as enhanced teacher evaluation systems.

It has granted waivers to states such as Ohio and Oregon even when they haven't fully implemented accountability or teacher evaluation systems promised in their submissions.