and III. J.1.b. For Reportable Events under Section III.J.1.a and b, the report to OIG shall include:
and III. E. of the Statement of Policy Regarding Real Estate Investment Trusts of the North American Securities Administrators Association, Inc. (the “NASAA Guidelines”). The Dealer Manager agrees that in recommending the purchase of the Shares to an investor, the Dealer Manager and each Person associated with the Dealer Manager that make such recommendation shall have, and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree with respect to investors to which it makes a recommendation shall agree that it shall have, reasonable grounds to believe, on the basis of information obtained from the investor concerning the investor’s investment objectives, other investments, financial situation and needs, and any other information known by the Dealer Manager, the Person associated with the Dealer Manager or the Soliciting Dealer that: (i) the investor is or will be in a financial position appropriate to enable the investor to realize to a significant extent the benefits described in the Prospectus, including the tax benefits where they are a significant aspect of the Company; (ii) the investor has a fair market net worth sufficient to sustain the risks inherent in the program, including loss of investment and lack of liquidity; and (iii) an investment in the Shares offered in the Primary Offering is otherwise suitable for the investor. The Dealer Manager agrees as to investors to whom it makes a recommendation with respect to the purchase of the Shares in the Primary Offering (and each Soliciting Dealer in its Soliciting Dealer Agreement shall agree, with respect to Investors to whom it makes such recommendations) to maintain in the files of the Dealer Manager (or the Soliciting Dealer, as applicable) documents disclosing the basis upon which the determination of suitability was reached as to each investor. In making the determinations as to financial qualifications and as to suitability required by the NASAA Guidelines, the Dealer Manager and Soliciting Dealers may rely on (A) representations from investment advisers who are not affiliated with a Soliciting Dealer, banks acting as trustees or fiduciaries, and (B) information it has obtained from a prospective investor, including such information as the investment objectives, other investments, financial situation and needs of the Person or any other information known by the Dealer Manager (or Soliciting Dealer, as applicable), after due inquiry. Notwithstanding the foregoing, the Dealer Manager shall not...
and III. 5.3.2 are deemed necessary by virtue of the requirements of the external funding source, such amendments are permissible with prior consent of the Association. TUFA shall respond to such request for consent within five (5) working days of receipt and, consent will not be unreasonably denied.
and III. A.1. Monitoring and evaluation programs for production shall be consistent with the research and monitoring activities for harvest described in Part II.K, and may use some of the same tools. Therefore, the Parties commit to retain flexibility as they develop monitoring and evaluation programs, to use their best efforts to maintain current funding for monitoring and evaluation programs, and to secure additional funding to address information needs. The Parties will integrate information gained from monitoring and evaluation with the production strategies in this Agreement so as to increase certainty in their conservation effectiveness.
and III. D.1. The reports of the Monitor shall identify the provisions, if any, that are to be transferred to Defendants’ CQI system for the subsequent monitoring period. Plaintiffs reserve the right to object to the transfer of the monitoring of a provision to Defendants’ CQI system. Once Defendants’ CQI system is responsible for the transferred monitoring of any Plan provisions, and as long as the Court retains jurisdiction, Defendants’ CQI system shall issue public monitoring reports every six months on Defendants’ compliance levels with any such provisions. While Defendants shall make a good faith effort to maintain compliance with a provision transferred to its CQI system, a drop in compliance levels after the transfer of the monitoring of a Plan provision shall not be, by itself, grounds for a Motion to enforce the Plan to hold Defendants in contempt, or to bar future expiration of the Plan. Notwithstanding the above, Plaintiffs are not precluded from seeking to enforce transferred provisions as remedial measures in connection with Motions to enforce provisions that have not been transferred.
and III. E.3.) Frequency As needed, certified QUARTERLY
and III. 10.4.3) during a candidate’s probationary appointment, the candidate for permanency shall be asked to state in writing, to the University Librarian within three (3) months of notice from the University Librarian that the written standards have been revised, whether the candidate wishes to be considered under the approved written standards under which he/she was hired or the revised written standards, failing which the approved standards which were in place at the time of his/her initial probationary appointment will apply.
and III. J.1.b. For Reportable Events under Section III.J.1.a and b, the report to OIG shall include: VITAS Corporate Integrity Agreement
and III. A. 5. All other terms and conditions remain in full force and effect.
and III. Section 4:
