PRIVATE BUSINESS USE RESTRICTIONS Sample Clauses

PRIVATE BUSINESS USE RESTRICTIONS. Section 7.1. The LGA acknowledges that the OWDA may issue tax-exempt bonds to provide the funds to meet OWDA’s obligations with regard to funding the applicable program and that the maintenance of the tax-exempt status of any such bonds will depend, in part, on the LGA's compliance with the provisions of this Agreement. Accordingly, the LGA agrees as follows:
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PRIVATE BUSINESS USE RESTRICTIONS. It is the intent of the WPCA and the Company that this Service Agreement shall be construed and applied so as to constitute a management contract that does not result in private business use of property financed by the WPCA within the meaning and intent of the applicable regulations and rulings of the Internal Revenue Service. In particular, the WPCA and the Company agree that, notwithstanding any provision of this Service Agreement to the contrary, the WPCA shall be under no obligation to, and shall not, pay compensation for services to the Company for any Contract Year, if such payment, or any portion thereof, would result in less than 80% of the Company’s compensation for services for such Contract Year being based on a periodic fixed fee or would result in any portion of the Company’s compensation being based on net profit, as such terms are defined in Internal Revenue Service Revenue Procedure 97-13 (as modified by Rev. Proc. 2001-39 and amplified by Notice 2014-67 and superseded by Rev. Proc. 2016-44 and Rev. Proc. 2017-33, "Rev. Proc. 97- IS”). The WPCA and the Company further agree that any such payment or portion thereof that is not made by virtue of this Subsection shall be paid to the Company, without interest, during the next annual period in which such payment will not result in less than 80% of the Company’s compensation being based on a periodic fixed fee or in which such payment will not be based on net profit, all as defined by Rev. Proc. 97-13. The Company acknowledges that the System has been financed with tax exempt obligations and that under no circumstances shall the provisions of this Agreement, including the compensation to be paid to the Company, be permitted to violate applicable provisions of the Code, Treasury Regulations, rulings or other guidance promulgated by the IRS, including Revenue Procedures 97-13, which could affect the exclusion of interest on any tax-exempt obligation financing the System. In connection therewith, the WPCA, in its reasonable discretion, shall have the right to modify the terms of this Agreement, including, without limitation, the Service Fee payable over the Term of the Agreement, as necessary, to comply with the Code and/or Revenue Procedure 97-13. In no event shall such adjustments entitle the Company to any additional compensation. In the event the WPCA is unable to modify the Agreement in order to comply with the Code and/or Revenue Procedure 97-13, the WPCA may, in its reasonable discretion, ter...
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PRIVATE BUSINESS USE RESTRICTIONS. Section 7.1. With respect to the financing of Project by the OWDA as provided herein, the LGA agrees as follows:
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PRIVATE BUSINESS USE RESTRICTIONS 
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Related to PRIVATE BUSINESS USE RESTRICTIONS

  • Use Restrictions Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances: · access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service, · collect or harvest any personal data of any user of the Site or the Service · use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise; · distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis); · use the Service for any unlawful purpose or for the promotion of illegal activities; · attempt to, or harass, abuse or harm another person or group; · use another user’s account without permission; · intentionally allow another user to access your account; · provide false or inaccurate information when registering an account; · interfere or attempt to interfere with the proper functioning of the Service; · make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; · bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; · circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or · publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

  • Geographic Restrictions The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States, and it may only be available to people located in the United States. We make no claims that the Website or any of its content is available or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

  • EXPORT RESTRICTIONS EXPORT OF THE SOFTWARE IS PROHIBITED BY UNITED STATES LAW. THE FUND MAY NOT UNDER ANY CIRCUMSTANCES RESELL, DIVERT, TRANSFER, TRANSSHIP OR OTHERWISE DISPOSE OF THE SOFTWARE (IN ANY FORM) IN OR TO ANY OTHER COUNTRY. IF CUSTODIAN DELIVERED THE SOFTWARE TO THE FUND OUTSIDE OF THE UNITED STATES, THE SOFTWARE WAS EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORTER ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED. The Fund hereby authorizes Custodian to report its name and address to government agencies to which Custodian is required to provide such information by law.

  • License Restrictions You shall not:

  • Use Restriction (a) If a natural disaster, incident or any other emergency situation occurs or is likely to occur, SORACOM may restrict the use of the SORACOM Air Global Service by the Subscriber in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest.

  • Licence Restrictions Except as expressly set out in this XXXX or as permitted by any local law, you agree:

  • Export Restriction 37.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Procuring Entity, to Kenya, or to the use of the products/goods, systems or services to be supplied, which arise from trade regulations from a country supplying those products/goods, systems or services, and which substantially impede the Supplier from meeting its obligations under the Contract, shall release the Supplier from the obligation to provide deliveries or services, always provided, however, that the Supplier can demonstrate to the satisfaction of the Procuring Entity that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract. Termination of the Contract on this basis shall be for the Procuring Entity's convenience pursuant to Sub-Clause 35.3.

  • Usage Restrictions You will not (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or Content in a way that circumvents a contractual usage limit, (h) copy a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation, (k) access any Service or Content in order to build a competitive product or service, or (l) reverse engineer any Service (to the extent such restriction is permitted by law).

  • Compliance; Permits; Restrictions 23 3.12 Litigation............................................................ 23 3.13 Brokers' and Finders' Fees............................................ 24 3.14

  • ACCEPTABLE USE RESTRICTIONS You must:

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