Initial Qualification. Seller warrants that the Seller’s Facility meets the definitions contained in Appendix D, “Definition of a Small Cogeneration Facility or Small Power Production Facility Eligible to Receive the Standard Rates and Standard Contract” of this Agreement approved by the Commission at the time this Agreement is executed and is therefore eligible for standard rates and the standard contract. Upon request from Idaho Power, the Seller will provide Idaho Power with documentation verifying the ownership, management and financial structure of the Facility in reasonably sufficient detail to allow Idaho Power to make an initial determination of whether or not the Facility meets the described criteria for entitlement to the standard rates and standard contract as defined in Appendix D.
Initial Qualification. All Employer contributions are conditioned upon the initial qualification of the Plan and Trust under Code sections 401 and 501. The contributions of the Employer (or of a Participating Employer) to the Trust for all Plans Years, with the gains and losses thereon, shall be returned by the Plan to the Employer (or such Participating Employer), within one year in the event that the Commissioner of the Internal Revenue Service either issues an adverse determination on the initial qualification of the Plan and Trust or fails to rule that the Plan and Trust were as of such date qualified and tax-exempt (within the meaning of Code sections 401 and 501); and
Initial Qualification. The Company reserves the right to have all its contributions returned to it free of this Trust, and to terminate said Plan and Trust, if the Trust does not initially meet the qualification requirements of the Internal Revenue Code.
Initial Qualification. Subject to the terms and conditions of this Agreement and satisfaction of all conditions and requirements of this Agreement and the GP Compliance Program applicable to Company and Qualification of a given Product of Company (including without limitation, payment of applicable initial Qualification, re-Qualification and other fees), GP will (i) review each Qualification Request submitted by Company to GP with respect to such Product, and (ii) if GP determines that all conditions and requirements for Qualification of the Product identified therein have been met, deliver to Company a Qualification Letter with respect to such Product.
Initial Qualification. Prior to the commercial production of any of the Products, the Products and components thereof shall be qualified in accordance with the acceptance test procedures and qualification plans set forth in Exhibit I, and Exhibit K . The methods of testing for the qualification of the Products and components thereof, and the timetable for the qualification of the Products, shall be as set forth in Exhibit I or as otherwise agreed to between the parties. The current tuner specification is General Instrument ***** specification ***** and General Instrument ***** specification *****. Both parties acknowledge that, *****, Seller's current products, the *****, have been qualified in accordance with the acceptance test procedures and qualification plans set forth in Exhibit I, and Exhibit K.
Initial Qualification. Subject to the terms and conditions of this Agreement and satisfaction of all conditions and requirements of this Agreement and the GP Certification Body Requirements applicable to Vendor and Qualification of a given Vendor’s Product (including without limitation, payment of applicable initial Qualification, re-Qualification and other fees), GP Certification Body will (i) review each Qualification Request submitted by Vendor to GP Certification Body with respect to such Product, and (ii) if GP Certification Body determines that all conditions and requirements for Qualification of the Product identified therein have been met, deliver to Vendor a Qualification Letter with respect to such Product.
Initial Qualification. Notwithstanding anything herein to the contrary, contributions to this Plan are conditioned upon the initial qualification of the Plan under Code Section 401. If the Plan receives an adverse determination with respect to its initial qualification, then the Plan may return such contributions to the employer within one (1) year after such determination, provided the application for the determination is made by the time prescribed by law for filing the employer's return for the taxable year in which the Plan was adopted, or such later date as the Secretary of the Treasury may prescribe.
Initial Qualification. 24.1 This Agreement is based upon the condition that it shall be approved and qualified under the applicable provisions of the Internal Revenue Code with respect to qualified employee retirement plans and trusts. Notwithstanding any provision in this Agreement to the contrary, no Participant or Beneficiary shall have any right or claim to any asset of the Trust or to any benefit under this Plan before the Internal Revenue Service and Department of Labor determines that the Plan and Trust qualify under the provisions of Code Section 401(a), as amended by the Employee Retirement Income Security Act of 1974, or any statute of similar import. Therefore, if the Plan and/or Trust fails to qualify initially, notwithstanding any other provision herein to the contrary, the Employer shall be entitled to recover contributions, adjusted for earnings, gains and losses resulting from investments, made hereunder prior to such initial determination by Internal Revenue Service, at which time the Trust shall termi- nate and the Trustee shall be discharged from all obligations under the Trust. Return of such contribution shall be made within one year after the date of denial of qualification of the Plan.
Initial Qualification. Reseller’s purchases after the Effective Date are cumulative during the first year of the Term. On the first order that year which brings Reseller’s cumulative purchases to a particular level (Standard, Gold, or Platinum), Reseller will receive the corresponding discount on the entire order and future orders during the year, as well as the corresponding benefits for the remainder of the year. The discount and benefits will not be retroactive to prior orders. If Reseller has made purchases of Electromotive products during the twelve months preceding the Effective Date, the total of those purchases will establish Reseller’s initial VAR level for the first year of the Term.
