Sentences with phrase «under the clause at»

(f) With respect to commercial plans approved under the clause at 52.219 - 9, Small Business Subcontracting Plan, the contracting officer that approved the plan shall --

Not exact matches

One of the few escape clauses is a recession, which the statute defines as «a period of at least two consecutive quarters of negative growth in real gross domestic product as reported by Statistics Canada under the Statistics Act.»

Under a clause in the union's contract, if Madison's Oscar Mayer plant closes, its employees have the right to take over a job that's held by a worker with the least seniority at the Davenport factory.

If she moves her stuff into storage and breaks her lease (allowed under military lease clauses) at her apartment, she could bank most of that income.

Under the Smith decision, churches are not protected by the Free Exercise Clause against these laws, because the laws are of «general application» and are aimed at restricting «socially harmful conduct.»

At the top of the list, according to Darren Wolfson of 1500ESPN, is ex-Washington Wizards center Andray Blatche, who was waived in June under the amnesty clause.

One major stumbling block for them though could be the fact that he has a # 35m release clause in his current contract, while no progress is expected for the next fortnight or so as he continues to represent Portugal at the Under - 21 European Championship this summer.

Griezmann is under contract until 2021, having signed a new five - year deal before the Euro 2016 tournament last year, but that contract did include a buy - out clause, which is believed to sit at $ 100 Million, which currently converts to around # 86.2 Million, but will no doubt have changed by the end of the season.

Carlos Mourino has admitted that Nolito has a release clause of just under # 14 million, as reported by the Daily Star, and even though the player is nearly 30 - years old, that is a steal at today's prices for a striker who is now first choice for Spain after a great season with his club.

The 25 - year - old was a regular under Villas - Boas at Porto, where he is a firm favourite, but that is reflected in the asking price with the player having a # 25million buy - out clause.

Mascarell has impressed under Kovac at Eintracht Frankfurt, which has prompted Madrid into exercising their buy - back clause.

The report adds that the Eaglets chiefs will not let Henrique depart under his contract release clause, which stands at $ 30 million.

At least, we all now know that concern for the - people is no more the primary motivation for the political actions and utterances of former President Rawlings, otherwise, he and his wife would NOT have taken nearly USD$ 5 Million from we - the - people fraudulently under the cover of judgment debt after failing to account to the same people after leaving office with indemnity clauses!

[v] To that end, the IDEA expressly authorizes states to provide services at private, including religious, schools [vi], and the U.S. Supreme Court has held that doing so is perfectly permissible under the Establishment Clause of the U.S. Constitution.

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational REHABILITATION services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this clause applying separately to each of such units; provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non - Federal share; provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational REHABILITATION of substantially larger numbers of handicapped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non - Federal share of the * cost of such vocational REHABILITATION services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

Such study shall encompass the extent to which other programs administered by the Secretary do or might contribute to the objectives set forth in clauses (1) and (2) of the preceding sentence and the method by which all such programs can be coordinated at Federal, State, and local levels with those carried out under this ACT to the end that individuals with the most severe handicaps are assured of receiving the kinds of assistance necessary for them to achieve such objects.

(B) provide that the State agency so designated to administer or supervise the administration of the State plan, or (if there are two State agencies designated under subclause (A) of this clause) to supervise or administer the part of the State plan that does not relate to services for the blind, shall be (i) a State agency primarily concerned with vocational REHABILITATION, or vocational and other REHABILITATION, of handicapped individuals, (ii) the State agency administering or supervising the administration of education or vocational education in the State, or (iii) a State agency which includes at least two other major organizational units each of which administers one or more of the major public education, public health, public welfare, or labor programs of the State; provide, except in the case of agencies described in clause (1)(B)(i)-

(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) IN GENERAL. - To be eligible for assistance under this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include -» (i) a rate covenant, if applicable;» (ii) adequate coverage requirements to ensure repayment;» (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and» (iv) a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $ 75,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.»

(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of offer, and shall be intended and approved for marine use.

(1) If, prior to delivery, the Government finds any material or workmanship is defective or not in accordance with the contract, in addition to its rights under the Guarantee clause, the Government may reject the defective or nonconforming material or workmanship and require the Contractor to correct or replace it at the Contractor's expense.

(b) For all solicitations and contracts under which human test subjects will be utilized, the contracting officer shall insert the clause at (TAR) 48 CFR 1252.223 - 72, Protection of Human Subjects.

# 8 Funniest Clause from the Competitor's Contract — We may, in our sole discretion, at any time, and without notice to you remove, or refuse to list or distribute any Content on or from any sales channel, but you will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Title or Promotional Clip we remove because of a violation of this Agreement or our Content Guidelines.

You should also look at the do not compete clause, because this may stop you publishing during the term of the contract under the same name, in the same world or with the same characters.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

In addition to any other rights or remedies it may have, British Airways reserves the right at any time in its absolute discretion to terminate the Membership of any Member and / or the right of any Member to use the Card if a Member commits Fraud, Misconduct, is given a banning notice or withdraws their consent under Clause 4.

Hill understood that with the inclusion of the Australia clause, the nation's emissions from burning fossil fuels could rise by 25 - 30 % while overall emissions would still come in at under 8 %.

Whereas at the market's height a few years ago a developer might have rigidly insisted on retaining such a clause — safe in the knowledge that another buyer who would accept it was likely to be waiting in the wings — the subtle shift of power to buyers since then means that there is nothing to be lost from a challenge and, in an environment where developers are under increasing public pressure to grant fair leases and to do away with RPI, everything to be won.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

The lawyers at HKM Employment assist employees who have been retaliated against by their employer when they were protected under the clauses of the Family Medical Leave Act.

The relevance of finding that the Union's withdrawal clause was not incorporated into domestic law to the question at issue is that the presence of Article 50 in the Treaty of European Union provides no domestic authority for the UK executive to give notice to withdraw under the provisions of the European Communities Act 1972.

Determination of the amount of information which may be released under this clause is at Facebook's sole discretion.

Please contact us immediately via email at [subpoena / at / facebook / dot / com] with the subject «IMMINENT HARM» to request data under this clause.

It argued that the can not enforce federal law and such an action is at the discretion of the congress under the Supremacy clause.

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

(1.3) Subsection (1.4) applies if an insured person is under the age of 16 years at the time of the accident and none of the Glasgow Coma Scale, the Glasgow Outcome Scale or the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, referred to in clause (1.2)(e), (f) or (g) can be applied by reason of the age of the insured person.

Does the contract stipulate the period of notice or compensation in lieu of notice that must be provided at the time of termination and, if so, does the termination clause meet the minimum requirements prescribed under Ontario's Employment Standards Act?

Joint Ventures: examples of some of the cases in which we have recently acted include: a dispute between joint venturers about undistributed profits in a JV vehicle upon the operation of a Change of Control clause; a claim on a business sale guarantee arising from the termination of a joint venture; and Tethyan Copper Company Pty v Government of Balochistan (ICC Case No. 18347 / VRO / AGF), a dispute under a joint venture contract in relation to the refusal of a mining licence over copper and gold deposits at Reko Diq, Pakistan.

In finding that the clause at issue gave rise to two potential interpretations, the Court agreed that the employee was entitled to 19 weeks» notice under the clause.

In the clause at issue, there was no language present that restricted the employee's entitlements to solely the minimum notice set out under the ESA.

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).

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

If a termination clause could breach the Employment Standards Act, 2000 (the «ESA») at some point in the future, the clause is void and unenforceable even if the dismissed employee receives all necessary entitlements under the ESA at the time of termination.

(9) Clause (2)(a) shall not be interpreted as prohibiting an additional examination of the applicant under oath, under Ontario Regulation 283/95 (Disputes Between Insurers) made under the Act, at the insurer's request that is conducted for the purpose of determining who is liable under section 268 of the Act to pay statutory accident benefits in respect of the accident.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts.

At the same time, exculpatory clauses are not favored under Illinois law and must be clear, explicit and unequivocal to be enforced.

Olaide Esan looks at the enforceability of post-termination restrictions and non-competition clauses in employment contracts under UAE law.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

Harvey queries (at para A [395]-RRB- whether an unambiguous variation clause could still be attacked under any general principles.