Onus of Proof Sample Clauses

Onus of Proof. In any arbitration pursuant to Subjection (i) above, if the Union is first able to demonstrate that the senior employee (grievor) presently has the qualifications, experience, skill and ability to do the job in question, the Employer must then establish that such qualifications, experience, skill and ability are not equal to those possessed by the successful applicant.
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Onus of Proof. In any dispute arising out of or in respect of this agreement or the casino licence, and without limiting the generality of the foregoing, where any question arises as to whether there has been any event of default, or whether any other event giving rise to a right of termination on the part of the Minister has occurred, the onus of proof shall rest with the Operator.
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Onus of Proof. 9. (a) In an action by a person seeking employment, or by an employee for an infringement of the provisions of section 2, the onus shall be upon the employer to prove that he did not act in contravention of the provisions of section 2:
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Onus of Proof. A Claim must demonstrate to MIGA’s reasonable satisfaction the Guarantee Holder’s right to compensation in accordance with this Contract. The responsibility for proving a Loss shall at all times rest with the Guarantee Holder.
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Onus of Proof. In the event of the Insured making any claim for loss or damage under this policy he must (if so required by the Company) prove that the loss or damage was occasioned by or through or in consequence of earthquake.
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Onus of Proof. In any claim, and/or any action, suit or proceeding to enforce a claim for loss under this Policy, the burden of proving that the loss is recoverable under this Policy shall be on the Insured. The burden of proving that a condition or warranty has been breached or that an exclusion applies shall be on the Insurers.
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Onus of Proof. Without limiting any provision of this Part, the onus of proving that a COVID Delay Event or COVID Termination Event has occurred, and when, to the satisfaction of the other Party under this Agreement (acting reasonably), is on the Party to this Agreement seeking to avail itself of Clause 8.3 or 8.5 as the case may be.
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Onus of Proof. In connection with paragraph 3 of Article III and with Article IV of the Treaty no nuclear activities in the fields of research, development, manufacture or use for peaceful purposes are prohibited nor can the transfer of information, materials and equipment be denied to non-nuclear-weapon States merely on the basis of allegations that such activities or transfers could be used for the manufacture of nuclear weapons or other explosive devices. d)
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Related to Onus of Proof

  • PARTICULARS OF PROPERTY MASTER TITLE NO. AND LOT PT NO. : Master Title No. H.S.(D) 82008, Lot No. P.T 5163 SECTION/TOWN/DISTRICT/STATE : Mukim of Petaling and District of Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur APPROXIMATE FLOOR AREA : 650 sq. feet. (60.39 sq. metres.) TENURE : Leasehold (99 years (expiring on 26/09/2094)) DEVELOPER / REGISTERED PROPRIETOR : Xxxxx Perusahan Sdn Bhd / Datuk Bandar Kuala Lumpur ENCUMBRANCE : Assigned to MALAYSIA BUILDING SOCIETY BERHAD LOCATION AND DESCRIPTION OF THE PROPERTY The subject property is a Three (3) Bedroom Low Cost Apartment identified as Parcel Xx. X00-00, Xxxxxx Xx. 0, Xxxxx Xxxxxx Kos Rendah Kampung Seri Malaysiaandbearing postal address at Xxxx Xx. X 00-00, Xxxxxxxxxx Xxx Xxxxxxxx, Xxxxx 0/000, Xxxxxxx Xxx Xxxxxxxx, 00000 Xxxxx Xxxxxx. RESERVE PRICE:- The property will be sold on an “as is where is” basis and subject to a reserve price of RM 95,000.00 (RINGGIT MALAYSIA NINETY FIVE THOUSAND ONLY), subject to the Conditions of Sale as printed in the Proclamation of Sale by way of an Assignment from the above Assignee/Lender subject to necessary confirmations/consent being obtained by the successful bidder (“the Purchaser”) from the Developer and/or other relevant authorities. Any arrears of quit rent, assessment, taxes, rates, maintenance charges and all other outgoing charges which are lawfully and rightfully due and payable to the Developer and/or other relevant authorities up to the date of the auction sale shall be paid out of the purchase money. All intending bidders are required to deposit with the Auctioneer 10% of the fixed reserve price for the said property by BANK DRAFT or CASHIER’S ORDERonly in favour of MALAYSIA BUILDING SOCIETY BERHADbefore the commencement of the auctionprior to the auction sale and pay the difference between the initial deposit and the sum equivalent to 10% of the successful bid price either in cash or bay way of credit card (Master / Visa) or bank draft or cashier’s orderand the balance of the purchase price (90%) shall be paid within one hundred and twenty (120) days from the date of the auction sale. For further particulars, please contact Messrs.Xxxx Xxxxxx & AssociatesSolicitors for the Assignee/Lender at Xxxx Xx. X-00-00, Xxx X, 00xx Xxxxx, Xxxx 12, Megan Avenue II, Xx. 00, Xxxxx Xxx Xxxx Xxxx, 50450 Kuala Lumpur.. Tel: 03-27155119Fax: 03-27157119 (Ref: MBSB/S1210000128) or the under mentioned Auctioneer:- MNP AUCTIONEERS (CENTRAL) SDN BHD (908971-X) SOON XXXX XXXX Penang Office (Main): Xx. 000, Xxxxx Xxxxxx Xxxxxx, 00000 Xxxxxx. KL Office: No. B-3A-2, Megan Avenue II, Xxxxx Xxx Xxxx Xxxx, 50450 Kuala Lumpur. Tel. No.: (PG): 00-000 0000, (KL) 00-0000 0000, H/P: 000-000 0000 / 000-000 0000 Fax No.: (PG): 00-000 0000 / (KL): 00-0000 0000 Email: xxxxx@xxx.xxx.xx Ref. No.: MNP/MBSB/KL/JUN15/2 Licensed Auctioneer PERISYTIHARAN JUALAN DALAM PERKARA PERJANJIAN PINJAMAN, SURATIKATAN PENYERAHHAKKAN XXX SURAT KUASA WAKIL KESEMUANYA BERTARIKH 30HB JUN 0000 XXXXXX XXXXXXXX BUILDING SOCIETY BERHAD (9417-K) PIHAK PEMEGANG SERAHHAK/PEMBERI PINJAMAN 1. KASSIM BIN MUSA (No. K/P: 370105-05-5269 / A0162914)

  • Conclusiveness of Statements; Survival of Provisions Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

  • Performance and Compliance with Collateral The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

  • DISQUALIFICATION FOR PAST PERFORMANCE AND FINDINGS OF NON RESPONSIBILITY Bidder may be disqualified from receiving awards if Bidder, or anyone in Bidder’s employment, has previously failed to perform satisfactorily in connection with public Bidding or contracts or is deemed non- responsible.

  • Defense to Indemnification, Burden of Proof, and Presumptions It shall be a defense to any action brought by Indemnitee against the Company to enforce this Agreement (other than an action brought to enforce a claim for Expenses incurred in defending a Proceeding in advance of its final disposition) that it is not permissible under applicable law for the Company to indemnify Indemnitee for the amount claimed. In connection with any such action or any determination by the Reviewing Party or otherwise as to whether Indemnitee is entitled to be indemnified hereunder, the burden of proving such a defense or determination shall be on the Company. Neither the failure of the Reviewing Party or the Company (including its Board, independent legal counsel, or its stockholders) to have made a determination prior to the commencement of such action by Indemnitee that indemnification of the claimant is proper under the circumstances because Indemnitee has met the standard of conduct set forth in applicable law, nor an actual determination by the Reviewing Party or Company (including its Board, independent legal counsel, or its stockholders) that the Indemnitee had not met such applicable standard of conduct, shall be a defense to the action or create a presumption that the Indemnitee has not met the applicable standard of conduct. For purposes of this Agreement, the termination of any claim, action, suit, or proceeding, by judgment, order, settlement (whether with or without court approval), conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law.

  • Performance of Agreements and Covenants Each and all of the agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.

  • Breach for Lack of Proof of Coverage The failure to comply with the requirements of this section at any time during the term of the Contract shall be considered a breach of the terms of the Contract and shall allow the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees to avail themselves of all remedies available under the Contract or at law or in equity.

  • Particular Methods of Procurement of Consultants’ Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection.

  • Particular Methods of Procurement of Goods Works and Services (other than Consultants’ Services)

  • Withdrawal of Property from Market or Termination of Discussions Potential Investor acknowledges that the Property has been offered for sale subject to withdrawal of the Property from the market at any time or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice, as well as the termination of discussions with any party at any time without notice for any reason whatsoever.

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