Act 1978 Sample Clauses

Act 1978. F. In the past the Agent has undertaken certain functions on the Director General’s behalf that the Director General was empowered to perform regarding the licensing of vessels, photo cards, firearm licenses, off road vehicles and motor vehicle driving instructor fees. These functions were undertaken by the Agent either under Memoranda of Understandings or in terms of conditions that were set out in the schedules to agreements made under section 6B of the Road Traffic Act 1974.
Act 1978. A notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated under s 137 of the Land Act 1958. [Drafting note: Delete Recital F if this lease is not being granted under ss 134 and 134A of the Land Act 1958.] As required by the Landlord, a notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated. [Drafting note: This Recital only applies where the Landlord requires gazettal notwithstanding that gazettal is not a statutory requirement. Delete Recital G if the Landlord does not require gazettal.] The Landlord and the Tenant acknowledge that s 134A(2) has been satisfied. [Drafting note: Delete Recital H if this lease is not being granted under s 134A of the Land Act 1958.] The Minister has consulted with [insert name of local Council]. [Drafting note: Delete Recital I if this lease is not being granted under s134A of the Land Act 1958.] Planning Scheme [insert the applicable planning scheme] applies to the Land, and the Minister has consulted with the Minister administering the Planning and Environment Act 1987, as the responsible authority. [Drafting note: Recital J applies to leases granted under s 134A of the Land Act 1958 where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority. Delete Recital J if this is not such a lease.] Under s 51(1) of the Act, this Lease has been recommended by the land manager under the Act. [Drafting note: Delete Recital K if this lease is not being granted under s 51(1) of the Forests Act 1958.] Under s 51(2) of the Act, the Minister is satisfied that: the proposed use, development, improvements and/or works that are specified in this Lease are of a substantial nature and of a value that justifies the Term; and the Term is in the public interest. [Drafting note: Delete Recital L if this lease is not being granted under s 51(2) of the Forests Act 1958.] The Tenant is a Carrier and wishes to use the Premises for the Permitted Use under and in accordance with the Telecommunications Act. The Landlord has a...
Act 1978. In particular, an important driver for the sharing of information is the requirement under section 2C of the NHS Act for Health Boards to provide, or secure the provision of, Primary Medical Services. These Primary Medical Services are provided by GP Contractors to their Patients under a GMS Contract or PMS Agreement, the terms of which are regulated by the GMS and PMS Regulations respectively. For each GP Contractor, the legislative drivers for sharing information are set out in the GMS or PMS Regulations and reflected in their GP Contract. These Primary Medical Services include (where necessary and appropriate) the referral of Patients for other services under the NHS Act and liaison with other health care professionals involved in the treatment and care of Patients. The GMS and PMS Regulations have specific provisions which describe component types of service. Information for any of these component types may need to be shared for full service delivery. These regulatory drivers inform seven core purposes which information is processed for. These purposes can be realised by use of any or all of nine formal categories of information. Specific provisions of the GMS and PMS regulations, the core purposes, and the information categories are detailed in Appendix 2 and 3.
Act 1978. (a) The Executive's normal place of work is 16 Eastcheap London EC3M 1BD but he may be required to work at any other office or location in London as may be directed by the Board from time to time.
Act 1978. In accordance with the requirements of s 17C of the Act: immediately before the commencement of the Act, the Premises were used for the Permitted Use, being a purpose other than for which the Land is reserved; and the trustees, committee of management or Director-General of Conservation, Forests and Lands or a person authorized by such Director-General (as applicable and as per the Act) has certified before the expiration of one year after the commencement of the Act that the habitual use had taken place immediately before the commencement of the Act.

Related to Act 1978

  • Trust Indenture Act Section    Indenture Section 310(a)(1) 7.10 (a)(2) 7.10 (a)(3) N.A. (a)(4) N.A. (a)(5) 7.10 (b) 7.10 (c) N.A. 311(a) 7.11 (b) 7.11 (c) N.A. 312(a) 2.05 (b) 13.03 (c) 13.03 313(a) 7.06 (b)(1) N.A. (b)(2) 7.06; 7.07 (c) 7.06; 13.02 (d) 7.06 314(a) 13.02; 13.05 (b) 13.02 (c)(1) 13.04 (c)(2) 13.04 (c)(3) N.A. (d) N.A. (e) 13.05 (f) N.A. 315(a) 7.01 (b) 7.05; 13.02 (c) 7.01 (d) 7.01 (e) 6.10 316(a) (last sentence) 2.09 (a)(1)(A) 6.04 (a)(1)(B) 6.02 (a)(2) N.A. (b) 6.06; 9.02 (c) 2.12 317(a)(1) 6.07 (a)(2) 6.08 (b) 2.04 318(a) 13.01 (b) N.A. (c) 13.01

  • Trustee or Company to Act; Appointment of Successor (a) On and after the time the Master Servicer receives a notice of termination pursuant to Section 7.01 or resigns in accordance with Section 6.04, the Trustee or, upon notice to the Company and with the Company's consent (which shall not be unreasonably withheld) a designee (which meets the standards set forth below) of the Trustee, shall be the successor in all respects to the Master Servicer in its capacity as servicer under this Agreement and the transactions set forth or provided for herein and shall be subject to all the responsibilities, duties and liabilities relating thereto placed on the Master Servicer (except for the responsibilities, duties and liabilities contained in Sections 2.02 and 2.03(a), excluding the duty to notify related Subservicers or Sellers as set forth in such Sections, and its obligations to deposit amounts in respect of losses incurred prior to such notice or termination on the investment of funds in the Custodial Account or the Certificate Account pursuant to Sections 3.07(c) and 4.01(b) by the terms and provisions hereof); provided, however, that any failure to perform such duties or responsibilities caused by the preceding Master Servicer's failure to provide information required by Section 4.04 shall not be considered a default by the Trustee hereunder. As compensation therefor, the Trustee shall be entitled to all funds relating to the Mortgage Loans which the Master Servicer would have been entitled to charge to the Custodial Account or the Certificate Account if the Master Servicer had continued to act hereunder and, in addition, shall be entitled to the income from any Permitted Investments made with amounts attributable to the Mortgage Loans held in the Custodial Account or the Certificate Account. If the Trustee has become the successor to the Master Servicer in accordance with Section 6.04 or Section 7.01, then notwithstanding the above, the Trustee may, if it shall be unwilling to so act, or shall, if it is unable to so act, appoint, or petition a court of competent jurisdiction to appoint, any established housing and home finance institution, which is also a Fannie Mae- or Freddie Mac-approved mortgage servicing institution, having a net worth of not less than $10,000,000 as the successor to the Master Servicer hereunder in the assumption of all or any part of the responsibilities, duties or liabilities of the Master Servicer hereunder. Pending appointment of a successor to the Master Servicer hereunder, the Trustee shall become successor to the Master Servicer and shall act in such capacity as hereinabove provided. In connection with such appointment and assumption, the Trustee may make such arrangements for the compensation of such successor out of payments on Mortgage Loans as it and such successor shall agree; provided, however, that no such compensation shall be in excess of that permitted the initial Master Servicer hereunder. The Company, the Trustee, the Custodian and such successor shall take such action, consistent with this Agreement, as shall be necessary to effectuate any such succession. The Servicing Fee for any successor Master Servicer appointed pursuant to this Section 7.02 will be lowered with respect to those Mortgage Loans, if any, where the Subservicing Fee accrues at a rate of less than 0.20% per annum in the event that the successor Master Servicer is not servicing such Mortgage Loans directly and it is necessary to raise the related Subservicing Fee to a rate of 0.20% per annum in order to hire a Subservicer with respect to such Mortgage Loans.

  • CFR Part 27 E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age).

  • Tax Law Section 5-A Section 5-a of the Tax Law, requires certain Contractors awarded State Contracts for commodities, services and technology valued at more than $100,000 to certify to the NYS Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to Contracts where the total amount of such Contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made. A Vendor is required to file the completed and notarized Form ST-220-CA with OGS certifying that the Vendor filed the ST-220-TD with the NYS Department of Taxation and Finance (DTF). Please note that the NYS Department of Taxation and Finance should receive the completed Form ST-220-TD, not OGS. OGS should only receive the Form ST-220-CA. Proposed Contractors should complete and return the certification forms within five (5) business days of request (if the forms are not completed and returned with Vendor Submission). Failure to make either of these filings may render a Vendor non- responsive and non-responsible. Each Vendor shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. Website links to the Contractor certification forms and instructions are provided below. Form No. ST- 220-TD must be filed with and returned directly to DTF and can be found at http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf. Unless the information upon which the ST-220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the Contractor, its affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF. Form ST-220-CA must be submitted to OGS. This form provides the required certification that the Contractor filed the ST-220-TD with DTF. This form can be found at http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf. Vendors may call DTF at 518-485-2889 for any and all questions relating to §5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.tax.ny.gov.

  • Precautionary Trust Indenture Act Provisions In the event that the Depositor notifies the parties to this Agreement that it has determined, in consultation with the Trustee, that the TIA applies to this Agreement or that qualification under the TIA or any similar federal statute hereafter enacted is required (any such determination by the Depositor, a “TIA Applicability Determination”), then, (i) in the case of the TIA, pursuant to Section 318 of the TIA (assuming such section is then in effect), the provisions of Sections 310 to and including Section 317 of the TIA that impose duties on any person are part of and govern this Agreement, whether or not physically contained herein, as and to the extent provided in Section 318 of the TIA; provided that it shall be deemed that the parties to this Agreement have agreed that, to the extent permitted under the TIA, this Agreement shall expressly exclude any non-mandatory provisions that (x) conflict with the provisions of this Agreement or would otherwise alter the provisions of this Agreement or (y) increase the obligations, liabilities or scope of responsibility of any party hereto; (ii) the parties agree to cooperate in good faith with the Depositor to make such amendments to modify, eliminate or add to the provisions of this Agreement to the extent necessary to effect the qualification of this Agreement under the TIA or such similar statute and to add to this Agreement such other provisions as may be expressly required by the TIA or as may be determined by the parties to be beneficial for compliance with the TIA; and (iii) upon the direction of the Depositor, the Trustee shall file a Form T-1 or such other form as the Depositor informs the Trustee is required, with the Commission or other appropriate institution.

  • Trustee Makes No Representation The Trustee makes no representation as to the validity or sufficiency of this Supplemental Indenture.

  • Trustee or Depositor to Act; Appointment of Successor (a) On and after the time the Master Servicer receives a notice of termination pursuant to Section 7.01 or resigns in accordance with Section 6.04, the Trustee or, upon notice to the Depositor and with the Depositor's consent (which shall not be unreasonably withheld) a designee (which meets the standards set forth below) of the Trustee, shall be the successor in all respects to the Master Servicer in its capacity as servicer under this Agreement and the transactions set forth or provided for herein and shall be subject to all the responsibilities, duties and liabilities relating thereto placed on the Master Servicer (except for the responsibilities, duties and liabilities contained in Sections 2.02 and 2.03(a), excluding the duty to notify related Subservicers as set forth in such Sections, and its obligations to deposit amounts in respect of losses incurred prior to such notice or termination on the investment of funds in the Custodial Account or the Certificate Account pursuant to Sections 3.07(c) and 4.01(c) by the terms and provisions hereof); provided, however, that any failure to perform such duties or responsibilities caused by the preceding Master Servicer's failure to provide information required by Section 4.04 shall not be considered a default by the Trustee hereunder as successor Master Servicer. As compensation therefor, the Trustee as successor Master Servicer shall be entitled to all funds relating to the Mortgage Loans which the Master Servicer would have been entitled to charge to the Custodial Account or the Certificate Account if the Master Servicer had continued to act hereunder and, in addition, shall be entitled to the income from any Permitted Investments made with amounts attributable to the Mortgage Loans held in the Custodial Account or the Certificate Account. If the Trustee has become the successor to the Master Servicer in accordance with Section 6.04 or Section 7.01, then notwithstanding the above, the Trustee may, if it shall be unwilling to so act, or shall, if it is unable to so act, appoint, or petition a court of competent jurisdiction to appoint, any established housing and home finance institution, which is also a Fannie Mae or Freddie Mac-approved mortgage servicing institution, having a net worth of not less than $10,000,000 as the successor to the Master Servicer hereunder in the assumption of all or any part of the responsibilities, duties or liabilities of the Master Servicer hereunder. Pending appointment of a successor to the Master Servicer hereunder, the Trustee shall become successor to the Master Servicer and shall act in such capacity as hereinabove provided. In connection with such appointment and assumption, the Trustee may make such arrangements for the compensation of such successor out of payments on Mortgage Loans as it and such successor shall agree; provided, however, that no such compensation shall be in excess of that permitted the initial Master Servicer hereunder. The Depositor, the Trustee, the Custodian and such successor shall take such action, consistent with this Agreement, as shall be necessary to effectuate any such succession. Any successor Master Servicer appointed pursuant to this Section 7.02 shall not receive a Servicing Fee with respect any Mortgage Loan not directly serviced by the Master Servicer on which the Subservicing Fee (i) accrues at a rate of less than 0.50% per annum and (ii) has to be increased to a rate of 0.50% per annum in order to hire a Subservicer. The Master Servicer shall pay the reasonable expenses of the Trustee in connection with any servicing transfer hereunder.

  • COMPLIANCE WITH TAX LAW SECTION 5-a The following provisions apply to Contractors that have entered into agreements in an amount exceeding $100,000 for the purchase of goods and services:

  • HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY SECTION 701.

  • Limitation de responsabilité DANS LA MESURE OÙ LA LÉGISLATION EN VIGUEUR NE L’INTERDIT PAS, EN AUCUN CAS APPLE NE SERA RESPONSABLE DE DOMMAGE CORPOREL NI DE QUELCONQUE DOMMAGE ACCIDENTEL, SPÉCIAL, INDIRECT OU ACCESSOIRE, Y COMPRIS DE FAÇON NON LIMITATIVE, LES DOMMAGES DUS AUX PERTES DE BÉNÉFICES, PERTES DE DONNÉES OU D’INFORMATIONS, INTERRUPTION DES ACTIVITÉS OU TOUT AUTRE DOMMAGE COMMERCIAL OU PERTE COMMERCIALE RÉSULTANT DE OU RELATIFS À VOTRE UTILISATION OU VOTRE INAPTITUDE À UTILISER LE LOGICIEL APPLE ET LES SERVICES OU TOUT LOGICIEL DE TIERCE PARTIE CONJOINTEMENT AVEC LE LOGICIEL APPLE, QUELLE QU’EN SOIT LA CAUSE, SANS TENIR COMPTE DE LA THÉORIE DE LA RESPONSABILITÉ (QUE CE SOIT POUR RUPTURE DE CONTRAT, EN RESPONSABILITÉ CIVILE, OU AUTRE) ET MÊME SI APPLE A ÉTÉ INFORMÉ DE LA POSSIBILITÉ DE TELS DOMMAGES. CERTAINES JURIDICTIONS NE PERMETTANT PAS LA LIMITATION DE RESPONSABILITÉ POUR DOMMAGES PERSONNELS, INDIRECTS OU ACCESSOIRES, IL EST POSSIBLE QUE CETTE LIMITATION NE VOUS CONCERNE PAS. La responsabilité totale d’Apple envers vous au titre de tout dommage (en dehors de ce que la législation pourrait exiger dans les cas impliquant une blessure) n’excédera en aucun cas la somme de cinquante dollars (50 $). Les limitations susdites s’appliqueront même si le recours indiqué ci-dessus fait défaut à sa vocation essentielle.