AVR Requirements Sample Clauses

AVR Requirements. For employees of the commercial tenants, Developer shall achieve an average vehicle ridership ("AVR") of 1.75 by the third year after the City’s issuance of a certificate of occupancy for the Project and the 1.75 AVR shall continue to be achieved and maintained thereafter. SMMC Chapter 9.16 shall govern how the AVR is calculated. Failure to achieve the AVR standard as provided in this Section will not constitute a Default within the meaning of the Agreement so long as Developer is working cooperatively with the City and taking all feasible steps to achieve compliance. The term “feasible” shall have the meaning given that term in Section 21061.1 of the California Public Resources Code. Developer will determine its AVR through employee surveys for one consecutive week each calendar year beginning the first year the commercial component is at least 50% occupied. For purposes of determining AVR, the survey must be conducted and AVR calculated in accordance with SMMC 9.16.070: “The survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday and cannot occur during ‘Rideshare Week’ or other ‘event’ weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, etc.). This survey must have a minimum response rate of seventy-five percent of employees who report to or leave work between six a.m. and ten a.m., inclusive, and seventy-five percent of employees who report to or leave work between three p.m. and seven p.m., inclusive. Employers that achieve a ninety percent or better survey response rate for the a.m. or p.m. window may count the ‘no-survey responses’ as ‘other’ when calculating their AVR . . . * * * “The procedure for calculating AVR at a worksite shall be as follows:
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AVR Requirements. For employees of the commercial tenants, Developer shall achieve an average vehicle ridership ("AVR") of 1.75 by the third year after the City’s issuance of a certificate of occupancy for the Project and the
AVR Requirements. With respect only to the tenants of the commercial space in the Project (and their respective employees) (the “Commercial Occupants”), Developer shall use its commercially reasonable efforts to achieve an average vehicle ridership (“AVR”) for the Commercial Occupants of at least 1.5 (the “AVR Goal”) by the second year after issuance of the Certificate of Occupancy for the Project. Chapter 9.16 of the Santa Xxxxxx Municipal Code shall govern how the AVR is calculated for the Commercial Occupants. Within six months after the Certificate of Occupancy is issued for the Project, Developer shall conduct a baseline survey of the AVR for the Project. Developer shall submit such baseline survey to the City at the time of submittal of the first annual compliance report for this Agreement, following the issuance of the Certificate of Occupancy, unless an alternative submittal date is approved by the Planning Director. Thereafter, the City shall monitor the TDM Plan performance as part of the City’s Periodic Review for the Project. If, during any annual evaluation of the Project’s employee trip reduction plan, the AVR Goal has not been achieved for the Project, then Developer shall propose modifications to the TDM Plan that Xxxxxxxxx considers likely to achieve the AVR Goal by the date of the next annual evaluation of the Project’s employee trip reduction plan. In addition, the City’s Planning Director may recommend feasible modifications to the TDM Plan. Developer’s failure to achieve the AVR Goal shall not constitute a default under this Agreement so long as Developer is working cooperatively with the City to achieve compliance.

Related to AVR Requirements

  • Customer Requirements ▪ Seller shall comply with the applicable terms and conditions of any agreements between Buyer and Xxxxx’s Customer (the “Customer Purchase Orders”) pursuant to which Buyer agreed to sell to Buyer’s Customer products or assemblies which incorporate the goods provided by Seller hereunder. This provision specifically includes costs and obligations imposed by warranty programs instituted by the original equipment manufacturer that ultimately purchases Buyer’s products that incorporate the goods sold by Seller if applicable to Buyer under the terms of the Customer Purchase Order. ▪ If Buyer is not acting as a Tier One supplier, the defined term “Customer Purchase Order” shall also include the terms and conditions of the original equipment manufacturer that ultimately purchases Buyer’s product that incorporates the goods or services sold by Seller. ▪ Seller will be responsible to ascertain how the disclosed terms affect Seller’s performance under the Purchase Order. ▪ By written notice to Seller, Buyer may elect to disclose and have the provisions of the Customer’s Purchase Orders prevail over any term of the Purchase Order at any time.

  • HIPAA Requirements The Parties agree that the provisions under HIPAA Rules that are required by law to be incorporated into this Amendment are hereby incorporated into this Agreement.

  • Time Requirements The Independent Contractor will not be required to follow or establish a regular or daily work schedule, but shall devote during the term of this Agreement the time, energy and skill as necessary to perform the services of this engagement and shall, periodically or at any time upon the request of the Company, submit information as to the amount of time worked and scope of work performed.

  • Basic Requirements To be eligible for PayPal’s Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements: • The primary address for your PayPal account must be in the United States. • The item must be a physical, tangible good that can be shipped, except for items subject to the Intangible Goods Additional Requirements. Transactions involving items that you deliver in person in connection with payment made in your physical store, may also be eligible for PayPal’s Seller Protection program so long as the buyer paid for the transaction in person by using a PayPal goods and services QR code. • You must ship the item to the shipping address on the Transaction Details page in your PayPal account for the transaction. If you originally ship the item to the recipient’s shipping address on the Transaction Details page but the item is later redirected to a different address, you will not be eligible for PayPal’s Seller Protection program. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery. • The shipping requirement does not apply to eligible transactions involving items that you deliver in person; provided, however, that you agree to provide us with alternative evidence of delivery or such additional documentation or information relating to the transaction that we may request. • You must respond to PayPal’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Center. If you do not respond to PayPal’s request for documentation and other information in the time requested, you may not be eligible for PayPal’s Seller Protection program. • If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 7 days after receipt of payment. • You provide us with valid proof of shipment or delivery. • The payment must be marked “eligible” or “partially eligible” in the case of Unauthorized Transaction claims, or “eligible” in the case of Item Not Received claims, for PayPal’s Seller Protection program on the Transaction Details page. • In the case of an Unauthorized Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after PayPal notified you of the dispute or reversal. For example, if PayPal notifies you of an Unauthorized Transaction claim on September 1, the valid proof of shipment must indicate that the item was shipped to the buyer no later than September 3 to be eligible for PayPal’s Seller Protection program. PayPal determines, in its sole discretion, whether your claim is eligible for PayPal’s Seller Protection program. PayPal will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information PayPal deems relevant and appropriate under the circumstances. Item Not Received additional requirements To be eligible for PayPal’s Seller Protection program for a buyer’s Item Not Received claim, you must meet both the basic requirements and the additional requirements listed below: • Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for PayPal’s Seller Protection on the Transaction Details page. • You must provide proof of delivery as described below.

  • PJM Requirements The DS Supplier acknowledges and agrees that, as a member of PJM, the Company is bound by all PJM operating instructions, policies and procedures as are currently set forth in the PJM Operating Manual, which are available through the Internet on the PJM Home Page (xxxx://xxx.xxx.xxx), as may be revised from time to time, which are needed to maintain the integrity of the PJM system. The DS Supplier acknowledges and agrees that it will cooperate with the Company so that the Company will be in compliance with all PJM Emergency Operations Procedures, which include, but are not limited to, those procedures pertaining to minimum and maximum generation Emergencies, and measures requiring involuntary Customer participation, such as supply voltage reduction or full interruption of Customer load by either manual or automatic means.

  • Computer Requirements You are responsible for obtaining, installing, maintaining and operating all software, hardware, or other equipment necessary (collectively, “Access Device Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and Access Devices and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. You are additionally responsible for obtaining Internet service via an Internet service provider of your choice, for any and all fees imposed by such Internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risk, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for data security of the Systems used to access the Service, and for the transmission and receipt of information using such System. You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. The Bank shall have no responsibility for failures, interruption or other defects in the Services, which arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. The Bank may add to, modify, or replace software programs used in conjunction with providing the Services under this Agreement at its sole discretion and without notice, provided Services rendered to you are not substantially negatively affected or obligations altered.

  • System Requirements Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple.

  • Staff Requirements Contractor shall employ, at a minimum, the following:

  • Requirements At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

  • TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Xxxx. 000, 00 X.X.X. §§ 0000x to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

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