MOTION TO Sample Clauses

MOTION TO. Authorize the Town Manager to execute the Water Supply Agreement with the City of Raleigh as presented and recommended subject to reviewof the Town Attorney.
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MOTION TO. 1. Authorize the Town Manager to execute an Infrastructure Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC, as presented and recommended.
MOTION TO. Dismiss the Assault Charge The court incorrectly denied the motion to dismiss the assault charge on the ground that Xxxxx did not intend to cause injury to Officer Xxxx. The issue is whether one must have the intent to perform a certain objective in order to be guilty of assault. Assault is a specific intent crime which means that one must have the intent to perform a certain objective in order to be guilty, rather than just the intent to commit the act required under the general intent crimes. In addition, in order to be found guilty of assault under this statute, Xxxxx needs to have had the intent to prevent a police officer from performing a lawful duty. Here, Xxxxx clearly had the intent required by the statute of preventing Officer Xxxx from arresting her – a duty he is lawfully able to do. However, Xxxxx did not have the specific intent to commit an assault. Assault is the apprehension of immediate bodily contact, or an attempted battery, under New York Penal Law. Here, Xxxxx did not intend to create apprehension on the part of Officer Xxxx, nor did she intend to commit a battery. Instead, Xxxxx’ s hand inadvertently flew up and caused the handcuff to hit Officer Xxxx. Xxxxx did not have the objective of hitting or creating an apprehension of battery. Thus, Xxxxx cannot be guilty of assault, and the court incorrectly denied the motion dismissing the assault charge against her.
MOTION TO. Approve the 3 Year Municipal Fire Protection Agreement, Automatic Aid Agreement, Mutual Aid Agreement, FEMA Disaster Services Agreement, and Business Associate Agreement between the Town of Fuquay-Varina and Wake County as recommended and presented subject to Town Attorney reviewas to form. ATTACHMENTS

Related to MOTION TO

  • Motion On a date mutually acceptable to the Parties that is not more than twenty (20) days from the Agreement Date, unless otherwise agreed by the Parties in writing, via e-mail or otherwise, the Receiver and the Committee (“Movants”) shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit E (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 19 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Movants will propose that Notice in substantially the form attached hereto as Exhibit A be sent via electronic mail, first-class mail, or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099 (N.D. Tex.) (the “MDL”), the SEC Action, or the Litigation who are deemed to have consented to electronic service through the CM/ECF System; sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who is, at the time of service, a party in any case included in the MDL, the SEC Action, or the Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Movants will further propose that Notice in substantially the form attached hereto as Exhibit F be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Movants shall provide Trustmark with a reasonable opportunity to review and comment on such motion papers.

  • Arbitrator’s Decision 27.3.3.1 The arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the arbitrator's findings of fact and conclusions of law.

  • Court Duty Section 1. After due notice to the EMPLOYER, employees subpoenaed to serve as a witness in cases arising from or during the performance of their official duties, or called and selected for jury duty, shall be allowed their regular compensation at their current base pay rate for the period the court duty requires their absence from work duty, plus any expenses paid by the court. Such employees, so compensated, shall not be eligible to retain jury duty pay or witness fees and shall turn any such pay or fees received over to the EMPLOYER. If an employee is excused from jury duty prior to the end of his/her work shift, he/she shall return to work as directed by the EMPLOYER or make arrangement for a leave of absence.

  • Jury Duty/Court Appearance a) To qualify for approval from the College to be absent with pay when summoned to serve on a jury, when subpoenaed as a witness in a criminal proceeding or as a witness in a civil action if not a party thereto, or when appearing as a defendant in a criminal or traffic case if acquitted therefrom, a regular or term employee shall produce the summons or subpoena or submit such other evidence showing the necessity for the absence.

  • See Your Right to Reject Arbitration below. For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims;

  • Waiver of Jury Trial and Class Action Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity.

  • Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

  • Failure to Comply with Arbitrator’s Decision 10.6.1 The award of such Arbitrator shall be final and binding upon the parties.

  • Public Hearing 7. In the course of each proceeding, the competent investigating authority shall:

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