Sentences with phrase «provisions at section»

Section 1178 of the Act expressly gives the Secretary authority to grant exceptions to the general rule that the HIPAA standards preempt contrary state law in the circumstances she determines come within the provisions at section 1178 (a)(2)(A).

Not exact matches

If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.

Under Section 179 of the tax code, explains Brian McCuller, JD, CPA, «the expensing provision allows capital investments of up to $ 500,000 for certain property to be taken as an expense deduction — rather than being depreciated break — which was made permanent under the PATH Act passed at the end of 2015 — phases out for asset purchases above $ 2 million.»

(m) Except as otherwise set forth in Schedule 2.20 (m) of the Disclosure Schedule, all related party transactions involving the Company are at arm's length in compliance with Section 482 of the Code and the Treasury Regulations promulgated thereunder and any comparable provision of any Tax law.

Hospital education is defined as «education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 Act [ie the Education Act 1996](exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner».

, (2) in section 658G is amended by adding at the end the following: «These activities include the provision of diapers and diapering supplies to enrolled child care providers sufficient for the population of children under the age of three whose parent receives or is offered financial assistance under this Act.»

The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) is amended --(1) in section 658E (c)(3)(C) by adding at the end the following: «Provision of diapers for use by eligible children within the State who receive or are offered child care services for which financial assistance is provided under this Act is a direct service and shall not be included in administrative costs.»

And some of the bill's sections containing provisions that would usually warrant a lengthy debate if they came up as stand - alones didn't come up at all.

Mr Brown released a statement to the gay community saying: «I'm very proud of all that this government has achieved on LGBT rights these last 12 years; from equalising the age of consent, lifting the ban on military service, introducing gay adoption and creating civil partnerships to scrapping section 28, introducing the Gender Recognition Act and banning discrimination at work and in the provision of goods and services.

Mallami, who spoke at an event in Abuja said the issue is very straight adding that «Section 33 of the Electoral Act is very clear that in case of death, the right for substitution by political a political party is sustained by the provisions of section 33 of the Electoral Act.Section 33 of the Electoral Act is very clear that in case of death, the right for substitution by political a political party is sustained by the provisions of section 33 of the Electoral Act.section 33 of the Electoral Act.»

With the decision been effected at Wednesday's plenary, the House said its action was in line with the provision of Section 11 (4) of the 1999 Constitution, which says the National Assembly could take over the functions of any state assembly that is enmeshed in crisis.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

Governor Ambode who made the declaration when the management of the company led by the Group Managing Director, Mr. Tunde Folawiyo paid him a courtesy visit at the Lagos House, Ikeja, Monday commended the firm for their doggedness to achieve the feat after 25 years of hard work, saying that by the provision of Section 162 Sub-Section 2 of the Nigeria Constitution, Lagos has become an oil producing State.

In the event of dissolution or termination of the Association, the Board shall, after the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the objectives of the Association, in such manner, or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board shall determine.

In the event of dissolution of the Division, any assets of the Division, remaining thereafter shall be conveyed to the American Association for the Advancement of Science or, failing its existence, to such organization then existent dedicated to objectives similar to those of the Division and the American Association for the Advancement of Science, so long as whichever organization is selected by the governing body of the Division at the time of dissolution shall be exempt under Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended, or under such successor provision of the Code as may be in effect at the time of the Divisions dissolution.

In the event of dissolution of the Division, any assets of the Division remaining thereafter shall be transferred by the Finance Officer to the American Association for the Advancement of Science, or failing its existence, to such organization as may be dedicated to objectives similar to those of the Arctic Division of the Association, as determined by the Executive Committee of the Arctic Division, and provided that such organization is exempt under Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended, or under such successor provision of the Code as may be in effect at the time of the Division's dissolution.

Note: The following interpretation of the provisions of Sec. 374.103 (formerly Sec. 1055.2) appears at 27 FR 230, Jan. 9, 1962: The words, «Seating aboard vehicles operated in interstate or foreign commerce is without regard to race, color, creed, or national origin», should appear on the face of every ticket coming within the purview of the section.

(G)(i) the provision of vocational REHABILITATION services to any individual for a total period not in excess of eighteen months for the purpose of determining whether such individual is a handicapped individual, a handicapped individual for whom a vocational goal is not possible or feasible (as determined in accordance with section 102 (c)-RRB-, or neither such individual; and (ii) an assessment, at least once in every ninety - day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subclause (i) may be made.

(8) provide, at a minimum, for the provision of the vocational REHABILITATION services specified in clauses (1) through (3) of subsection (a) of section 103, and the remainder of such services specified in such section after full consideration of eligibility for similar benefits under any other program, except that, in the case of the vocational REHABILITATION services specified in clauses (4) and (5) of subsection (a) of such section, such consideration shall not be required where it would delay the provision of such services to any individual;

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigation.

This provision, which works with Sections V.A and V.B (which enhance retailers» ability to set e-book prices), allows a Settling Defendant to prevent a retailer selling its entire catalogue at a sustained loss.

Upon the dissolution of the association known as the New Jersey Association of School Librarians, Inc., the Board of Trustees will, after paying or making provision for the payment of all of the liabilities of the Association, distribute the remaining assets to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as will at the time qualify as an exempt organization or organizations under section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law), as the Board of Trustees will determine, or to a state, federal or local government for a public purpose.

comiXology further represents and warrants to Retailer that: (a) comiXology will operate and maintain the Retailer Store in the same manner that comiXology operates any other Branded Stores subject to the fee provisions of Section 4.2; and (b) all services to be rendered by comiXology under this Agreement shall be performed in a professional and workmanlike manner and otherwise in accordance with applicable industry standard professional design and engineering standards in effect at the time of such performance.

The User acknowledges that he was given sufficient time and opportunity to obtain satisfactory explanations and clarifications of the nature and scope of the terms and conditions of the Desjardins Online Brokerage Internet Services User Agreement, by consulting the appropriate sections on the web site, or by contacting Desjardins Online Brokerage by phone at 1-866-873-7103, or in writing at 1170 Peel Street, Suite 105, Montreal, QC, H3B 0A9; as a result, the User declares that he understands and accepts all of the provisions of this Agreement.

The commenters stated that private loans are an expensive form of financing that is used by students attending for - profit institutions at twice the rate as students attending non-profit institutions and that, in some cases, for - profit institutions use private loans to evade the 90/10 provisions in section 487 (a)(24) of the HEA.

The provisions of paragraph (a)(1)(iii) of this section do not apply to any person who lawfully imports a live dog into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the State of Hawaii, provided that the dog is not transported out of the State of Hawaii for purposes of resale at less than 6 months of age.

(4) Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay / neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, of such societies are incorporated under the provision of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections; and

Oklahoma Dept. of Agriculture and enforcement: If you look at Title 21, you will find: «The provisions of this section shall not apply to lawful activities of any governmental agency or employees or agents thereof carrying out their respective duties under the law.»

[FN66] The MBTA makes it unlawful to, at any time and by any means or manner,»... take, capture, kill, attempt to take, capture, or kill... any migratory bird,... nest, or egg of any such bird...» [FN67] Under the violations and penalties section of the MBTA, any person, association, partnership, or corporation who violates the provisions of the MBTA is guilty of a misdemeanor and, if convicted, can be fined up to $ 15,000 or imprisoned up to six months, or both.

At an intersessional meeting in Geneva in February 2015, provisions on human rights and the rights of indigenous peoples were incorporated in the negotiating text, but ecosystem integrity was omitted in relation to mitigation actions (with text inserted only in the adaptation section).

At this point, sixteen states have passed legislation allowing them to take immediate advantage of the industrial hemp research and pilot program provision, Section 7606 of the 2014 US Farm Bill.

It said reporting at such an aggregate level «would violate both the clear and separate company - by - company and the country - by - country requirements» of the provision, which is Section 1504 of the Dodd - Frank Act.

The term employment means any service or labor performed by an employee for an employer within the United States, including service or labor performed on a vessel or aircraft that has arrived in the United States and has been inspected, or otherwise included within the provisions of the Anti-Reflagging Act codified at 46 U.S.C. 8704, but not including duties performed by nonimmigrant crewmen defined in sections 101 (a)(10) and (a)(15)(D) of the Act.

The Supreme Court has previously noted that the fee - shifting provision of the Patent Act, which permits district courts to award attorney's fees to prevailing parties in «exceptional cases,» is «similar» to Section 505 of the Copyright Act, which merely permits a court to award reasonable attorney's fees at its discretion.

That the Canada Elections Act be reviewed and amended to reflect the fundamental principle that elections are conducted for the convenience of all voters, including the disabled and aging; amendments should include provision for special polls at hospitals and nursing homes, the location of polls in apartment buildings, and should remove the discretionary power to centralize polls, contained in Section 33 (6).

So, in Section 11 of the Employment Act, it states: «Any requirement to wear a safety helmet which... would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a turban».

(5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.

And recall as well that the judicial creation of this test (to parallel the express provision in section 1 of the Charter) has been critiqued for being inconsistent with the structure of the Constitution Act 1982 as well as ignoring aboriginal sovereignty and the limitations already placed on aboriginal rights by indigenous laws and traditions (see e.g. John Borrows, «Frozen Rights in Canada: Constitutional Interpretation and the Trickster» (1997/98) 22 American Indian L Rev 37 at 59).

At the heart of the decision are questions of constitutionality, specifically whether these three Criminal Code provisions violate section 2 and 7 of the Charter.

Which is an amendment to the Colorado Constitution — Article 18, Section 14 — was this specific provision that at that time it allowed for people to open up medical dispensaries that were non-licensed, and it also allowed for people to personally use, possess, and cultivate their own marijuana in their homes, or in properly related structures which at that point back in 2000 would have practically been any industrial building.

However the Commissioner favored a purposive and contextual reading to conclude the 1997 transitional provision was not intended to apply to the current ATB regime, but rather the legislature intended this transitional section to apply to references to the former branch of the Treasury Department known as the Government of Alberta Treasury Branches to ensure legal interests transitioned from this prior structure to the new corporate ATB entity established at that time.

the provisions of this section that protect the owner of the automobile, the occupants of the automobile and the persons present at the incident from liability for damages for pecuniary loss, and

The Ontario Court of Appeal found that the Employment Insurance Act provisions at play are employment related under section 48 (12 (j) of the Labour Relations Act, since under the scheme of the Employment Insurance Premium Reduction Program, the employer is obliged to remit to employees a share of the premium reduction in the form of cash or enhanced benefits.

The above New York State Labor Law provision, Section 240, means essentially that if a contractor, owner or subcontractor is negligent, in any way whatsoever, with respect to the condition of a ladder used at a construction site - and the worker's injuries could have been prevented - then the owner, contractor or subcontractor is 100 % liable for the injuries regardless of whether the injured worker himself were partially responsible for the accident.

It cited the Alberta Court of Appeal decision in Alberta (Securities Commission) v Brost, 2008 ABCA 326 (CanLII), where the Court decided that «the specific provision [of the Securities Act] overrides the general [section 6 (2) of the Evidence Act]» (at para 36).

The painting of the exterior of a building is authorised by statute and it was not permissible for the LPA to go beyond the statutory provision by serving a section 215 notice to try to arrive at what it perceived to be a fairer outcome.

Finally, according to the Presiding Officer, section 6 (2) of the Evidence Act did not apply if the provision conflicted with the Police Act and if the proceeding fell outside of criminal law (at para 35).

Notwithstanding that it had instructed Wilmer Hale, London - based solicitors who had represented it at all stages of the London - seated Arbitration and the related High Court proceedings, the KRG refused to give Wilmer Hale permission to accept service of the Claimants» application for a peremptory order, thus obliging the Claimants to serve that application in accordance with the slow and cumbersome provisions set out in section 12 (1) of the English State Immunity Act 1978 and Rule 6.44 of the English Civil Procedure Rules (the «English CPR»).......

Section 1 includes at RDC 9.31 a provision authorising alternative service in the following terms: «where it appears to the Court that there is a good reason to authorise service by a method not permitted by these Rules, the Court may make an order permitting service by an alternative method.»

Justice Stratas simply looks past the literal reading of section 110 which clearly does place clause (c) as conjunctive with the notice provisions set out in clauses (a) and (b), when he rules «[n] othing in the legislative text of Rule 110 suggests that Rules 110 (a) and 110 (b) are prerequisites to an application for leave to intervene under Rule 110 (c)» (at para 16).