CURRENT LAW. The following current law is referenced in this agreement. In the event current law changes or is repealed, the following will be altered to reflect the changes.
CURRENT LAW. With respect to periods not governed by changes to the Code enacted by the Bi-partisan Budget Act of 2015, unless and until the Board of Directors shall otherwise agree, Geoffrey Price shall serve as the “Tax Matters Partner” for purposes of Section 6231 of the Internal Revenue Code (or any successor or amended provisions); provided, however, that the Tax Matters Partner (i) shall take all reasonable actions necessary to ensure that each Member becomes a “notice partner” as defined in Code Section 6223(a), (ii) shall keep the Members reasonably informed regarding any proceeding before the IRS, other governmental agency, court or administrative body and shall provide copies of any pleadings, briefs, petition, submissions and correspondence to each other Member, and shall provide the holders of Investor Units III the right to participate at its own expense in any such proceeding, (iii) shall not enter into any compromise or settlement agreement without the express written consent of the Members, (iv) shall not submit any request for administrative adjustment on behalf of the Company without the approval of the Members, and (v) shall not enter into any settlement pursuant to Rule 248(a) or (b) of the Rules of Practice and Procedure of the United States Tax Court without the express written consent of each other Member. Promptly following the written request of the Tax Matters Partner, the Company shall, to the fullest extent permitted by law, reimburse and indemnify the Tax Matters Partner for all reasonable expenses, including reasonable legal and accounting fees, claims, liabilities, losses and damages incurred by the Tax Matters Partner in connection with any administrative or judicial proceeding with respect to the tax liability of the Members. If the then-current Tax Matters Partner is no longer employed by Holdings at any time, the Board of Directors shall nominate a Founder that is currently employed by Holdings to act as the Tax Matters Partner for the Company and if no Founder is then employed by Holdings, the Board of Directors shall nominate a Person to act as the Tax Matters Partner.
CURRENT LAW. Chapter 392, HRS, requires employers with one or more employees to provide TDI as a wage replacement benefit without job protection to eligible employees who are disabled from work due to the employee’s own disability (nonoccupational sickness or accident). Chapter 398, HRS (Hawaii Family Leave Law), requires employers with one hundred or more employees to provide qualifying employees with four weeks ofEqual Opportunity Employer/ProgramAuxiliary aids and services are available upon request to individuals with disabilities.TDD/TTY Dial 711 then ask for (808) 586-8866.SB3316February 9, 2022Page 2 unpaid, job-protected leave to care for a sick family member or for the birth or adoption of a child. The employee may elect to use accrued paid leave for any part of the four weeks. Chapter 398A, HRS (Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Donation Law) requires employers with 50 or more employees to provide employees who have worked for the employer for at least one year with a leave of absence of seven calendar days to serve as a bone marrow donor or stem cell donor or thirty calendar days to serve as an organ donor.
CURRENT LAW. Current s. 48.293, stats., sets forth the various discovery procedures applicable in a proceeding under ch. 48. In general, current chs. 801 to 847, stats., including ch. 804, stats., regarding discovery in civil proceedings, govern procedure and practice in civil actions. However, s. 801.01 (2), stats., specifies that: “Chapters 801 to 847 govern procedure and practice in circuit courts of this state in all civil actions...except where different procedure is prescribed by statute or rule.”. In In the Interest of Zachary F. [No. 95−1455, 1995 Wisc. App. LEXIS 1170, September 20, 1995 (ordered published) (petition for review pending)], the Wisconsin court of appeals held that the discovery procedure set forth in s. 48.293, stats., is “different” from that provided under ch. 804, stats., and that, therefore, s. 48.293, stats., is the “exclusive source of discovery rights to parties involved in ch. 48, stats., actions”.
CURRENT LAW. 2.17 The shapes of products or their packaging are listed in Article 4 CTMR and Article 2 TMD as forms of signs of which a trade mark may consist. For the assessment of protectability, the same rules are applicable as for other kinds of marks. In practice, this means that protection for shapes must be refused if they are devoid of distinctiveness, may serve descriptive purposes, or have become generic (Article 7 (1) (b)-(d) CTMR and Article 3 (1) (b)-(d) TMD). In addition, and unlike other forms of marks, signs are barred from protection in an absolute manner if they exclusively consist of shapes which result from the nature of the goods, are necessary to obtain a technical result, or give substantial value to the goods (Article 7 (1) (e) (i)-(iii) CTMR and Article 3 (1) (e) (i)-(iii) TMD).
CURRENT LAW. Under current law, continuing denial of periods of physical placement by a court order in an action affecting the family is a ground for involuntary TPR if the parent has been denied periods of physical placement for a period of at least one year and the family court has not subsequently modified its order so as to permit periods of physical placement.