Deeming Sample Clauses

A deeming clause establishes that certain facts, events, or conditions are to be treated as true or having occurred, regardless of whether they have actually happened. In practice, this type of clause might specify that a notice is considered received after a set number of days, even if the recipient has not actually read it, or that a party is deemed to have accepted terms by performing a particular action. The core function of a deeming clause is to create legal certainty and streamline processes by removing ambiguity about when or whether specific events are recognized under the contract.
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Deeming. An ARIn that applied to a position, and to the employee occupying the position to which the ARIn applies, which is covered by this Agreement on the day before the Agreement commenced operation will continue in accordance with the provisions of this Framework. Any entitlement which an employee enjoyed on the day before the Agreement commences, which is in excess of those provided for under this Agreement will be deemed to be an ARIn. ARIns which are deemed to continue under this paragraph may operate for a maximum of 12 months from the date the Agreement commences. If the Director-General determines that an ARIn that has been deemed to continue under paragraph 10.2 should continue to operate beyond 12 months from the date the Agreement commences, then he/she must follow the procedures for approving a new ARIn, as set out in this Framework. The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice arrangements in accordance with the Salary Sacrifice Arrangement provisions of this Agreement. Where an employee salary sacrifices any part of the terms of an ARIn and, in accordance with this Framework, the ARIn ceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn can no longer be packaged.
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Deeming. An ARIn that is applied to a position, and to the employee occupying the position to which the ARIn applies, which is covered by this Agreement on the day before the Agreement commenced operation will continue in accordance with the provisions of this Framework. The director-general may approve an ARIn as follows. A Project ARIn requires: the additional remuneration meets the criteria in paragraph 2.1 of this Framework; a term no longer than 36 months; and the employee’s work to which the ARIn is attached is associated with the employee’s role in a specified project with a finite term. A Project ARIn cannot be renewed and will cease to operate on the date specified in the ARIn for cessation of the position’s involvement in the project, or the date of completion of the project, whichever date is the earlier. A Comprehensive Submission is required to establish a Project ARIn, but no further reviews are required. Where required, a subsequent new Project ARIn may be offered once only. Where this occurs, a Comprehensive Submission is required. A Fixed Term ARIn requires: that the additional remuneration meets the criteria in paragraph 2.3 of this Framework; a term no longer than 12 months. A Comprehensive Submission is required to establish a Fixed Term ARIn, but no further reviews are required. A Fixed Term ARIn cannot be varied or renewed and will automatically cease on its specified expiry date. A Renewable ARIn requires: the additional remuneration to meet the criteria in paragraph 2.3 of this Framework; a term no longer than 36 months. A Renewable Term ARIn will cease to operate on the date specified in the ARIn. A Renewable ARIn will cease to operate where the ARIn is reviewed in accordance with section 7 of this Framework and the director-general determines following the review that the ARIn should no longer apply. The date of effect of the ARIn cessation is the date that is at least ninety days after the date notice is provided to the employee of cessation of the ARIn, or on an earlier date if agreed by the employee. A Comprehensive Submission is required to establish a Renewable ARIn. A Renewable ARIn requires a Renewal Submission no more than 18 months from commencement or from the last Renewal or Comprehensive Submission. The purpose of the Renewal Submission is to determine whether the director-general continues to consider that it is appropriate to provide an employee occupying the position to which the ARIn applies with the terms and conditions of...
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Deeming. Deeming is the term for the process of considering another person's income to belong to the applicant. Deeming may occur from an ineligible spouse, from an ineligible parent to a minor child, or from a sponsor (and his/her spouse living in the same household with the sponsor) who signed an affidavit of support for the sponsored alien. Deeming from an ineligible spouse or parent occurs only when the deemor is living in the same household with the applicant/recipient. Deeming from a sponsor may occur regardless of whether the sponsor lives in the same household as the applicant/recipient. When any of the deeming rules apply, it does not matter whether the income of the deemor is actually made available to the recipient/applicant. Unless an exclusion applies (see Aliens not Subject to Sponsor-To-Alien Deeming below), sponsor-to-alien deeming applies to sponsored aliens who have lawful permanent resident status whether that status was granted at the time of entry into the U.S. or adjusted after entry. The date of lawful admission is the date used for deeming purposes regardless of the date of the alien's physical entry in the U.S. An individual with a student visa allowing temporary U.S. residence has his/her status changed to permanent resident status. If the individual has a sponsor, sponsor-to-alien deeming, if applicable, begins with the month the individual's status was adjusted to that of permanent resident. An alien's status changes from refugee (i.e., excluded by statute from sponsor-to-alien deeming) to permanent resident. An alien who is excluded by statute from sponsor-to-alien deeming and whose status is adjusted to that of a permanent resident retains the statutory exclusion from sponsor deeming.
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Deeming. 4.1 Subject to clause 4.2, a SEA that applied to an employee in the Agency on the date this Agreement is lodged under the WR Act is deemed by this Agreement to continue in force under the terms of this Agreement, except that: the rate of pay that applied to the employee under the SEA will be increased in accordance with the increases in pay rates provided for under clause 28 of this Agreement. 4.2 Despite clause 4.1, the Agency and the employee to which a SEA applied under the previous certified agreement may agree in writing to enter into a SEA in accordance with this Framework. In that event, clause 4.1 will not apply to that employee.
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Deeming. An ARIn that applied to a position, and to the employee occupying the position to which the ARIn applies, which is covered by this Agreement on the day before the Agreement commenced operation will continue in accordance with the provisions of this Framework. Any entitlement which an employee enjoyed on the day before the Agreement commences, which is in excess of those provided for under this Agreement will be deemed to be an ARIn. ARIns which are deemed to continue under this paragraph may operate for a maximum of 12 months from the date the Agreement commences. If the Director-General determines that an ARIn that has been deemed to continue under paragraph 10.2 should continue to operate beyond 12 months from the date the Agreement commences, then he/she must follow the procedures for approving a new ARIn, as set out in this Framework.
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Deeming. Subject to paragraph 4.2 a Special Employment Arrangement (SEA) that applied to an employee covered by this Agreement on the date the Agreement commenced operation will be deemed to continue to operate under this Agreement, either: in its current terms; or subject to such variations that are agreed between the Chief Executive and the employee concerned. provided: the SEA had either commenced or been reviewed within 12 months preceding the date of this Agreement commenced operation; or
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Deeming. Which immigrants are subject to deeming requirements? Income:
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Related to Deeming

  • Change in Management Permit a change in the senior management of Borrower.

  • Reformation If it is determined by a court of competent jurisdiction in any state that any restriction in this Section 9 is excessive in duration or scope or is unreasonable or unenforceable under applicable law, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state.

  • Change in Legality (a) Notwithstanding any other provision of this Agreement, if any Change in Law shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or to give effect to its obligations as contemplated hereby with respect to any Eurodollar Loan, then, by written notice to the Borrower and to the Administrative Agent: (i) such Lender may declare that Eurodollar Loans will not thereafter (for the duration of such unlawfulness) be made by such Lender hereunder (or be continued for additional Interest Periods) and ABR Loans will not thereafter (for such duration) be converted into Eurodollar Loans, whereupon any request for a Eurodollar Borrowing (or to convert an ABR Borrowing to a Eurodollar Borrowing or to continue a Eurodollar Borrowing for an additional Interest Period) shall, as to such Lender only, be deemed a request for an ABR Loan (or a request to continue an ABR Loan as such for an additional Interest Period or to convert a Eurodollar Loan into an ABR Loan, as the case may be), unless such declaration shall be subsequently withdrawn; and (ii) such Lender may require that all outstanding Eurodollar Loans made by it be converted to ABR Loans, in which event all such Eurodollar Loans shall be automatically converted to ABR Loans as of the effective date of such notice as provided in paragraph (b) below. In the event any Lender shall exercise its rights under (i) or (ii) above, all payments and prepayments of principal that would otherwise have been applied to repay the Eurodollar Loans that would have been made by such Lender or the converted Eurodollar Loans of such Lender shall instead be applied to repay the ABR Loans made by such Lender in lieu of, or resulting from the conversion of, such Eurodollar Loans.

  • Closure Area Calculation Sheet – A computer generated print-out of the area and the perimeter bearings, distances, curve data, and coordinates of an individual parcel of land to be acquired.

  • Relief for Change in Law 12.2.1 The aggrieved Party shall be required to approach the Appropriate Commission for seeking approval of Change in Law. 12.2.2 The decision of the Appropriate Commission to acknowledge a Change in Law and the date from which it will become effective, provide relief for the same, shall be final and governing on both the Parties.