PAC. In addition to the foregoing deduction, the City shall deduct biweekly a PAC fund contribution. This shall be consistent with the form in Appendix A.
PAC. The Personal Access Code issued by the Bank to certain Users for use in relation to the Services in the manner set out in the Agreement.
PAC. West hereby agrees that nothing contained in this Settlement Agreement constitutes or shall be deemed to constitute a waiver by SBC California of any right of recoupment and/or any right of set-off that SBC California may have with respect to Pac-West and, further agrees that any right of recoupment and/or any right of set-off that SBC California may have with respect to Pac-West or, in the event a petition is filed under chapter 7 or 11 of title 11 of the United States Code, Pac-West's estate shall survive and be preserved even after confirmation of any plan of reorganization despite any discharge that might be granted to Pac-West under Section 1141 of the Bankruptcy Code and any effect given to that discharge under Section 524 of the Bankruptcy Code.
PAC. PAC has full power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. This Agreement has been duly and validly executed by PAC and constitutes a valid and legally binding obligation of PAC, enforceable in accordance with its terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors' rights generally, and (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies (regardless of whether such enforceability is considered in a proceeding in equity or at law). PAC hereby represents and warrants that, in its opinion, the sum of the Purchase Price and the Orchard Park Earn Out Consideration as described in column 2 of Exhibit 2 is reasonably equivalent to the sum of (i) the aggregate fair market enterprise value of the CB Greece Conveyed LLC Interest and the Orchard Park Conveyed LLC Interest and (ii) the aggregate fair market asset value of the X1 Conveyed TIC Interests and the X2 Conveyed TIC Interest, and that such sum constitutes fair and adequate consideration for the Purchase Price and the Orchard Park Earn Out Consideration. PAC agrees to indemnify and hold harmless each of AHC and the AHC Exchange Entities and their Affiliates from and against any liability, cost, damage or expense that may arise (a) from any breach or default on the part of PAC in respect of its representations, warranties, covenants or agreements made in or pursuant to this Agreement and (b) from any unsuccessful challenge to the validity, sustainability or enforceability of this Agreement or the transactions contemplated hereby by PAC as debtor in possession or any trustee appointed in any bankruptcy case involving its property. PAC shall agree with AHC and the AHC Exchange Entities prior to the Closing on the valuations of the X1 Conveyed TIC Interests, the X2 Conveyed TIC Interest, the CB Greece Conveyed LLC Interest and the Orchard Park Conveyed LLC Interest being purchased and the allocations of values to individual assets comprising the Interests for federal income tax purposes.
PAC. West shall begin payment for the use of newly constructed poles, ducts, conduits, and ROW upon completion of such construction and installation and 37 Per Recommendations at page 16, Issue 70. confirmation by appropriate testing methods that the facilities are in a condition ready to operate in Pac-West's network or upon use (other than for testing) by Pac-West, whichever is earlier.
PAC. West may purchase any and all levels of Centrex service for resale, without restriction on the minimum or maximum number of lines that may be purchased for any one level of service, equivalent to what is offered to U S WEST's own end users.
PAC. West is liable for all fraud associated with service to its end-users and accounts. USWC takes no responsibility, and will make no adjustments to Pac-West's account in cases of fraud. The Parties will cooperate in the prevention and investigation of fraudulent use of resold services.
PAC. Subject to applicable laws and upon receipt of a written authorization from an employee, the Company shall deduct from the pay due such an employee Political Action Committee (P.A.C.) donations and transmit such, separately from Union dues deductions, to the Financial Secretary of each Local Union. An employee’s written authorization for the Company to deduct P.A.C. donations shall continue in effect for the duration of this Agreement, or until receipt by the Company of a written notice of revocation, or when the employee ceases to be represented by the Union, whichever occurs earlier. The Company shall have no obligation to deduct P.A.C. donations for any period in which the employee received (after all other deductions) pay less than the amount of such donation. The Union shall indemnify and save the Company harmless against any and all claims, demands, lawsuits, or other forms of liability that may arise out of or by any reason of action taken by the Company in making payroll deductions of P.A.C. donations as hereinabove defined.
PAC. ACMC will honor assignment of wages to the Union’s Political Action Committee (PAC) fund, when such assignments are submitted on a form agreed to by the Union and ACMC, and ACMC will remit such contribution to the Union. It is understood by all parties that such contribution will be on an individual and voluntary basis.
