Sentences with phrase «subparagraph v»

That where the chargee enters on and takes possession of the land on default as described in subparagraph v, the chargee shall have quiet enjoyment of the land.

A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in - person communication with medical, dental, and education providers.

Not exact matches

(v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.

(v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to select a winner from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.

Any public school or private school student who has been unable to maintain academic eligibility for participation in interscholastic extracurricular activities is ineligible to participate in such activities as a charter school student until the student has successfully completed one grading period in a charter school pursuant to subparagraph 2.

A student who transfers from a charter school program to a traditional public school before or during the first grading period of the school year is academically eligible to participate in interscholastic extracurricular activities during the first grading period if the student has a successful evaluation from the previous school year, pursuant to subparagraph 2.

The Administrator shall ensure that destruction offset credits represent real and verifiable destruction of chlorofluorocarbons or other class I or class II, group I, substances authorized under subparagraph (D).

(B) The Secretary shall determine the amount under subparagraph (A)(i) for each product type, in consultation with State and utility efficiency program administrators as well as the Administrator, based on estimates of the amount of bonus payment that would provide significant incentive to increase the market share of Best - in - Class Products.

The ability to demonstrate compliance with offset credits shall be divided pro rata among covered entities by allowing each covered entity to satisfy a percentage of the number of allowances required to be held under subsection (b) to demonstrate compliance by holding 1 domestic offset credit or 1.25 international offset credits in lieu of an emission allowance, except as provided in subparagraph (D).

In addition to compliance with any of subparagraphs (A) through (E), the Secretary shall by regulation require, for any newly constructed residential single - family or multifamily structure to be considered to comply with the energy efficiency standards under this subsection, that the structure have appropriate electrical outlets with the facility and capacity to recharge a standard electric passenger vehicle, including an electric hybrid vehicle, where such vehicle would normally be parked.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

If the waiver of the right to participate in a class action set forth in subparagraphs (b) and (d) above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained in paragraphs (b) and (d) is null and void.

Beginning in the 2010 - 2011 school year, for each school identified for preliminary registration review pursuant to subparagraphs (ii) and (iii) of this paragraph, the local school district shall be given the opportunity to present to the commissioner additional assessment data, which may include, but need not be limited to, valid and reliable measures of: the performance of students in grades other than those in which the State tests are administered; the performance of limited English proficient students and / or other students with special needs; and the progress that specific grades have made or that cohorts of students in the school have made towards demonstrating higher student performance.

If, after three full academic years of implementing a restructuring plan, the school has not demonstrated progress as delineated by the commissioner in the warning pursuant to subparagraph (i) of this paragraph, the commissioner shall recommend to the Board of Regents that the registration be revoked and the school be declared an unsound educational environment, except that the commissioner may upon a finding of extenuating circumstances extend the period during which the school must demonstrate progress.

provisions for responding to acts of harassment, bullying, and / or discrimination against students by employees or students pursuant to clause (b) of this subparagraph which, with respect to such acts against students by students, incorporate a progressive model of student discipline that includes measured, balanced and age - appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline, and considers among other things, the nature and severity of the offending student's behavior (s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student's behaviors had on the individual (s) who was physically injured and / or emotionally harmed.

the portion of instructional support expenses, as defined in subparagraph (ii) of this paragraph, attributable to regular education, as determined by multiplying total expenditures for instructional support by the ratio of regular education expenditures for those purposes listed in clauses (a), (b), (c) and (d) of this subparagraph to the sum of such regular education expenditures and special education expenditures for those purposes listed in clauses (iv)(a)- (e) of this paragraph.

Accountability groups shall mean, for each public school, school district and charter school, those groups of students for each grade level or annual high school cohort, as described in paragraph (16) of this subdivision comprised of: all students; students from major racial and ethnic groups, as set forth in subparagraph (bb)(2)(v) of this section; students with disabilities, as defined in section 200.1 of this Title, including, beginning with the 2009 - 2010 school year, students no longer identified as students with disabilities but who had been so identified during the preceding one or two school years; students with limited English proficiency, as defined in Part 154 of this Title, including, beginning with the 2006 - 2007 school year, a student previously identified as a limited English proficient student during the preceding one or two school years; and economically disadvantaged students, as identified pursuant to section 1113 (a)(5) of the NCLB, 20 U.S.C. section 6316 (a)(5)(Public Law, section 107 - 110, section 1113 [a][5], 115 STAT.

the school has a graduation rate, as defined in subparagraph (15)(iv) of this subdivision, that is less than 60 percent over the three consecutive year period for which accountability determinations have been made pursuant to this subdivision.

employee benefits for special education calculated by multiplying the ratio of total expenditures for employee benefits to total expenditures for salaries, by total salaries related to special education for those purposes listed in clauses (a)- (d) of this subparagraph.

a formal phase out or closure plan has been developed and approved in accordance with the requirements of the intervention prescribed by the commissioner pursuant to subparagraph (10)(iv) of this subdivision; and;

other forms of documentation and / or information establishing physical presence in the district, which may include but not be limited to those listed in clause (d) of this subparagraph.

the portion of instructional support expenses as defined in subparagraph (ii) of this paragraph, attributable to special education as determined by multiplying total expenditures for instructional support by the ratio of special education expenditures for those purposes listed in clauses (a)- (e) of this subparagraph to the sum of such special education expenditures and regular education expenditures for those purposes listed in clauses (iii)(a)- (d) of this paragraph.

For high school students, participation rate means the percentage of designated students in at least their fourth year of high school, as designated by the commissioner, who received a valid score on the required assessments for high schools, as set forth in subparagraph (v) of this paragraph.

is a high school that has a graduation rate, as defined in subparagraph (15)(iv) of this subdivision, that is less than 60 percent over the three consecutive year period for which accountability determinations have been made pursuant to this subdivision; or

-» (A) IN GENERAL. - Except as provided in subparagraph (B), to be eligible for assistance under this chapter, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of -» (i)(I) $ 50,000,000; or» (ii) in the case of a rural infrastructure project, $ 25,000,000; and» (ii) 331⁄3 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located.»

-- Subject to section 305 (d), the regulations issued pursuant to this subparagraph shall take effect --

If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.

If a metropolitan planning organization for an urbanized area with a population of less than 200,000 that would otherwise be terminated under subparagraph (B), requests a probationary continuation before the termination of the metropolitan planning organization, the Secretary shall --

The Secretary shall waive subparagraph (A) for public agency borrowers that are financing ongoing capital programs and have outstanding senior bonds under a pre-existing indenture, if --

Upon the lapse of any obligation limitation under subparagraph (A), the Secretary shall reduce proportionately the amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2012 to carry out each of the Federal - aid highway and highway safety construction programs (other than emergency relief and funds under the national highway performance program that are exempt from the fiscal year 2012 obligation limitation) by an aggregate amount equal to the amount of adjustment determined pursuant to paragraph (1)(D).

In carrying out this subparagraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential --

Even though these literally could be described as over-award payments, such additional payments would not be OTE under subparagraph (a)(ii).

Even though technically over-award payments, such additional payments would not be OTE under subparagraph (a)(ii) of the definition of OTE in subsection 6 (1).

If such spouses do not meet the requirements of subparagraph (A), the limitation under paragraph (1) shall be the sum of the limitations under paragraph (1) to which each spouse would be entitled if such spouses had not been married.

based on the number or type of eligible student loans the borrower seeks to consolidate, except that a lender is not required to consolidate loans described in subparagraph (D) or (E) of subsection (a)(4) or subsection (d)(1)(C)(ii)D) or (E) of subsection (a)(4) or subsection (d)(1)(C)(ii)d)(1)(C)(ii);

If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408 (d)(3)(A)(i)(determined by substituting «120th day» for «60th day» in such section)

The employer shall provide the employee or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the employer based the adverse employment action, and shall consider any such dispute before making a final decision; (3) if the employee or applicant provides oral or written notice to the employer during the 14 day period set forth in subparagraph (2) that he or she has disputed the accuracy of the consumer report with a consumer reporting agency, the employer shall not take an adverse employment action until the resolution of the dispute under section 58 of this chapter or Section 1681i (a) of chapter 15 of the United States Code, and shall consider the results of any such resolution; (4) ensure that none of the costs associated with obtaining a consumer report are paid by or passed on to the employee or applicant.

-- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.».

«(B) in the case of an existing facility, consumption at such facility during a base period, except as provided in subparagraphs (C) and (D);

In the event that a covered entity that used term offset credits to demonstrate compliance temporarily fails to meet the requirements of subparagraph (D) at the end of the term offset credits» crediting term, if the financial assurance mechanism fails to provide to the Administrator the number of allowances or offset credits for which the crediting term has expired, then the Administrator shall retire that number of allowances with the vintage year 2 years after the year in which the term offset credit expires in the same amount.

(D) within 3 years after the date of enactment of this Act, and after delivery of the report to Congress required under subparagraph (C), establish a National Climate Service, based upon the information obtained through the process described in subparagraph (A), that meets the goal described in subparagraph (A).

The Administrator shall ensure that destruction offset credits represent real and verifiable destruction of chlorofluorocarbons or other class I or class II, group I, substances authorized under subparagraph (D).

«(aa) the number 20 multiplied by the number of tons of carbon dioxide equivalent greenhouse gas emissions (including direct emissions from fuel combustion, process emissions, and indirect emissions from the generation of electricity used to produce the output of the sector) of the sector based on data described in subparagraph (D); by

--(i) At any time after the Administrator promulgates regulations pursuant to subparagraph (A), the Administrator may, pursuant to the requirements of part D of title VII and based on the carbon dioxide equivalent value of the substance destroyed, add the types of destruction projects authorized to receive destruction offset credits under this paragraph to the list of types of projects eligible for offset credits under section 733.

For purposes of this subparagraph, if a coastal county - equivalent political subdivision does not have a coastline, its coastal point shall be the point on the coastline closest to it.

«(B) in a State in which there is no Statewide energy code for either residential buildings or commercial buildings, or in which State codes fail to comply with subparagraph (A), to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A).

to reflect comprehensive guidance for the pursuit of design and building standards throughout the Department of Defense that specifically address energy - and water - efficient standards and sustainable design attributes for military construction based on the cost - benefit analysis, return on investment, total ownership costs, and demonstrated payback of the design standards specified in subparagraphs (A), (B), (C), and (D) of paragraph (2); and

Moreover, she held, because the word «or» had to be read as disjunctive, subparagraph (b) should be read as an exception.

79 According to recital 3 in the preamble to Directive 2003/109, the directive respects the fundamental rights and observes the principles recognised, inter alia, by the Charter which, according to the first subparagraph of Article 6 (1) TEU, is to have the same legal value as the Treaties.

20 That definition of the field of application of the fundamental rights of the European Union is borne out by the explanations relating to Article 51 of the Charter, which, in accordance with the third subparagraph of Article 6 (1) TEU and Article 52 (7) of the Charter, have to be taken into consideration for the purpose of interpreting it (see, to this effect, Case C - 279 / 09 DEB [2010] ECR I ‑ 13849, paragraph 32).