Proportionality. The authority of the requested Contracting Party may refuse a request for cooperation where it is clear that:
Proportionality. 1. The share of work expenditures spent on Canadian elements shall be in reasonable proportion to the Canadian financial participation.
Proportionality. The least intrusive response appropriate to the risk presented. “I am sure that the professionals will work in my interest, as I see them and they will only get involved as much as needed.”
Proportionality. You acknowledge that the Advertising Fund is intended to maximize recognition of the Marks and patronage of NETSPACE(R) businesses. Although we will endeavor to utilize the Advertising Fund to develop advertising and marketing materials and programs and to place advertising that will benefit all NETSPACE(R) businesses, we undertake no obligation to ensure that expenditures by the Advertising Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Advertising Fund by NETSPACE(R) businesses operating in that geographic area. Nor are we under any obligation to ensure that any NETSPACE(R) businesses will benefit directly or in proportion to its Ad Fees paid to the Advertising Fund from the development of advertising and marketing materials or the placement of advertising. Except as expressly provided in this Article, we assume no direct or indirect liability or obligation to you with respect to collecting amounts due to, or maintaining, directing or administering the Advertising Fund.
Proportionality. Because the Project will be built over a long time period, the Parties have carefully structured the amount and timing of public and community benefits to coincide with the amount and timing of the development of Market-Rate Units and other commercial opportunities. The public and community benefits have been described and apportioned as set forth in (i) the Phasing Plan, with respect to the Associated Public Benefits for each Major Phase and Sub-Phase, (ii) the Community Benefits Plan, with respect to funding the contributions and other public and community benefits described therein, (iii) the Below-Market Rate Housing Plan, with respect to the delivery of Xxxxx Xxxxxxxx Replacement Projects, the Agency Lots, and the production of Inclusionary Units and Workforce Units, and (iv) the Parks and Open Space Plan and the Infrastructure Plan, with respect to the Completion of parks and open space. If Developer or a Vertical Developer requests changes to the amount or timing of public and community benefits as set forth above in any Application, then such changes shall be subject to the Approval of the Agency Director, provided the Agency Director shall refer any material changes to the amount or timing of public and community benefits to the Agency Commission for its review and Approval as set forth in the DRDAP.
Proportionality. If Developer’s proposed termination under Section 11.4 would result in a violation of the proportionality principle set forth in Section 1.5, as reasonably determined by the Agency Director, then the Agency Director shall so notify Developer and the Parties shall negotiate in good faith for a proposed resolution that maintains the benefit of the bargain for both Parties. The period of such good faith negotiations shall be Administrative Delay. If Developer and the Agency are unable to reach agreement within ninety (90) days after Developer’s receipt of the Agency’s notice, then either Developer or the Agency may submit the matter to binding arbitration under Section 15.2.
Proportionality. Either party's obligation to indemnify the other arising under Paragraph 12.1 will be proportional to the adjudicated respective fault of the parties with regard to the acts or omissions that gave rise to the indemnitable claims.
Proportionality. The process of implementation will allow for diversity within the pension sector, based on the capabilities of each pension fund. Without prejudice to the responsibility of pension funds to respect the OECD Guidelines and UNGPs, this means taking into account the specific features and leverage of different pension funds (small, medium-sized and large) and the different Asset Classes. RBC (Responsible Business Conduct) Risks This Agreement refers to ESG risks. ESG risks are the same as RBC risks, as described in the OECD Guidelines, where reference is made to the existence of actual or potential ‘adverse impacts’ on all topics discussed in the OECD Guidelines (the risks to society and the environment).
Proportionality. The basic principles set out above must be applied appropriately, taking into consideration all relevant circumstances and the balance of interests during the respective Tender Process.
Proportionality. If we are liable to you under the agreement, and another person would be liable to you in respect of the same loss (save for your contractual arrangements with them), then (i) the compensation payable by us to you in respect of that loss will be reduced; (ii) the reduction will take into account the extent of the responsibility of that other person for the loss; and (iii) in determining the extent of the responsibility of that other person for the loss, no account will be taken of (a) any limit or exclusion placed on the amount that person will pay or
