For Non. Responsibility The Bidder agrees that if it is found by the State that the Bidder’s responses to the Vendor Responsibility Questionnaire were intentionally false or intentionally incomplete, on such finding, the Commissioner may terminate the Contract. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner at the Contractor’s expense where the Contractor is determined by the Commissioner to be non-responsible. In such event, the Commissioner may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
For Non. Key Employees participating only in this Plan, the top heavy minimum allocation is the minimum allocation described in Section 3.04(B) determined by substituting _____% (not less than 4%) for "3%", except: (Choose (1) or (2))
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7%" for "5%" if the top heavy ratio does not exceed 90%. [ ] (2) 0%. [Note: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code 416 for these Non-Key Employees.]
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (CHOOSE (1) OR (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE (i) OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTE: THE EMPLOYER MAY NOT SELECT THIS OPTION (2) UNLESS THE DEFINED BENEFIT PLAN SATISFIES THE TOP HEAVY MINIMUM BENEFIT REQUIREMENTS OF CODE SS.416 FOR THESE NON-KEY EMPLOYEES.] ACTUARIAL ASSUMPTIONS FOR TOP HEAVY CALCULATION. To determine the top heavy ratio, the Advisory Committee will use the following interest rate and mortality assumptions to value accrued benefits under a defined benefit plan:____________. If the elections under this Section 3.18 are not appropriate to satisfy the limitations of Section 3.18, or the top heavy requirements under Code ss.416, the Employer must provide the appropriate provisions in an addendum to this Adoption Agreement.
For Non. Teacher Employees, the Board shall consider (without restricting upon its rights as included in Article 3) criteria such as the impact of split assignments, the seniority and work record of staff, the impact and disruption to students and services to constituent districts, and input from XXXXX leadership.
For Non. Single Role EMT-Paramedic shift personnel: Accrued vacation time will be sold back to the employee at the employee’s regular rate of pay at the time of the sell back.
For Non performance or improper performance by the Borrower of its obligations hereunder the Borrower shall pay to the Lender a penalty at the rate of 0.1% (zero point one per cent) per each day of delay calculated from the amount of the overdue interest payment and other overdue payments to the Lender.
For Non. Winter Months, after testing, the Operating Rating of each Unit shall be equal to [redacted]. The Operating Rating associated with each Block shall be the sum of the Operating Ratings of the Units divided by the number of Units. To the extent that such calculation produces partial MW ratings, the Operating Ratings of Block 2 through Block 5 shall be set at the next lowest whole MW amount, the sum of the remaining partial MW shall be added to the Operating Rating of Block 1, and the Block 1 Operating Rating shall then be set at the next lowest whole MW amount.
For Non. Winter Months, after testing, the Operating Heat Rate of each Unit shall be equal [redacted]. The Operating Heat Rate of each Block shall be the sum of the Operating Heat Rates of the Units divided by the number of Units and rounded to the nearest whole number of Btu/kWh.
