Rough Proportionality Sample Clauses

Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property.
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Rough Proportionality. As provided in Section 9.2, in the event that CDFG has determined that the Permittees have failed to meet the rough proportionality standard provided in Section 9.3 of this Agreement, and if the Permittees have failed to cure the default or entered into an agreement to do so within forty-five (45) days of the written notice of such determination, CDFG shall suspend the State Permit in whole or in part in accordance with California Fish and Game Code section 2820.
Rough Proportionality. Owner hereby waives any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution with respect to roadway or infrastructure requirements imposed by this First Amended Agreement. Owner and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this First Amended Agreement, with respect to roadway or infrastructure requirements imposed by this First Amended Agreement.
Rough Proportionality. Section 2820 (b)(9) of the Fish and Game Code requires NCCP Permittees to ensure that implementation of mitigation and conservation measures on a plan basis is roughly proportional in time and extent to the impact on habitat or Covered Species authorized under the Plan. Permittee will ensure rough proportionality after the Permits have been issued by implementing mitigation and conservation measures ahead of impacts from Covered Activities, as described in Chapter 5 of the Plan. As further described in Section 5.8.2 and Tables 5.3, and 5.5 of the Plan, the amount of each land cover type restored, created, and added to the Preserve Area as a proportion of the total requirement for each land cover type will be equal to or greater than the impact on that land cover type as a proportion of the total impact expected by all Covered Activities. The Permittee will fulfill the requirements of this Section and Section 5.8.2 of the Plan so long as it ensures that the pace at which the Preserve is created, and at which required habitat restoration and enhancement occurs throughout the Plan Area in core habitat areas and within key habitat linkages and riparian corridors, does not fall behind the pace at which Covered Activities impact habitat by more than ten percent (10%) of the commitments made in the Plan for each land cover type. The Permittee will include in the Annual Report a summary of all take that has occurred as a result of all Covered Activities (i.e., cumulative take; not just for that particular year) and the amount of mitigation undertaken to show that the Plan is meeting the rough proportionality requirement. If at any time CDFW determines that the requirement for rough proportionality on a Plan basis is not being met, it will provide written notification to Permittee. Permittee will either: (1) regain rough proportionality within forty-five (45) days; or (2) enter into an agreement with CDFW within forty-five (45) days, which will set a course of action to expeditiously regain rough proportionality. If Permittee does not regain rough proportionality within forty-five (45) days or enter into an agreement with CDFW within forty-five (45) days setting a course of action to regain rough proportionality, CDFW shall suspend or revoke the NCCP Permit, in whole or in part, pursuant to Fish and Game Code section 2820(c).
Rough Proportionality. It is understood and agreed that the Developer is legally responsible to construct, dedicate and pay for only those public improvements and facilities that are necessitated by and attributable to the Xxxxx Xxxxx South Development. The Developer hereby agrees that the construction and escrow requirements in this Agreement are necessitated by and attributable to the Xxxxx Xxxxx South Development and are roughly proportional to the need for such construction or payments and the Developer hereby waives any claim therefor that it may have. The Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality by the City have been met, and that any costs incurred relative to construction and payments under this Agreement are related both in nature and extent to the impact of the Xxxxx Xxxxx South Development. The Developer waives and releases all claims, on behalf of the Developer and any subsequent purchasers of land within the Xxxxx Xxxxx South Development, which the Developer may have against the City related to any and all rough proportionality and individual determination requirements mandated by Subchapter Z of Chapter 212, Texas Local Government Code or the U.S. and Texas Constitutions, as well as other requirements of a nexus between development conditions and the projected impact of the public improvements.

Related to Rough Proportionality

  • Proportional Adjustment In the event the Corporation shall at any time after the issuance of any share or shares of Series A Participating Preferred Stock (i) declare any dividend on Common Stock of the Corporation ("COMMON STOCK") payable in shares of Common Stock, (ii) subdivide the outstanding Common Stock or (iii) combine the outstanding Common Stock into a smaller number of shares, then in each such case the Corporation shall simultaneously effect a proportional adjustment to the number of outstanding shares of Series A Participating Preferred Stock.

  • Increase (a) The Company may by giving prior notice to the Agent after the effective date of a cancellation of:

  • Step Increases (a) The following is the method used to determine service credit, since the last date of hire, for purposes of positioning on the salary range:

  • Salary Scale The salary scale applicable to Employees shall be set out hereinafter in the Wage Schedule.

  • Supervisory Differential Adjustment 99. The Appointing Officer may adjust the compensation of a supervisory employee whose schedule of compensation is set herein subject to the following conditions:

  • Economic Price Adjustment is the adjustment to the Aircraft Basic Price (Base Airframe, Engine and Special Features) as calculated pursuant to Exhibit D.

  • Offer Price “Offer Price” is defined in Recital A of the Agreement.

  • Leadwork Differential (a) Leadwork differential shall be defined as a differential for employees who have been formally assigned by their supervisor in writing, “leadwork” duties for ten (10) consecutive calendar days (or the equivalent thereof for alternate or flexible schedules) or longer provided the leadwork or team leader duties are not included in the classification specification for the employee’s position. Leadwork is where, on a recurring daily basis, the employee has been directed to perform substantially all of the following functions: to orient new employees, if appropriate; assign and reassign tasks to accomplish prescribed work efficiently; give direction to workers concerning work procedures; transmit established standards of performance to workers; review work of employees for conformance to standards; and provide informal assessment of workers’ performance to the supervisor.

  • Salary Sacrifice Employees may sacrifice their pre-tax earnings, subject to such arrangements being made for legitimate purposes such as additional superannuation contributions. The amount of salary sacrifice being deducted from pre-tax earnings shall be deducted from gross earnings with each pay period. Any such arrangements must be requested, varied or amended in writing, providing no les than one months notice to the Company. A Salary Sacrifice Request Form is attached as a schedule to this Agreement for this purpose. The Company recommends that employees seek independent financial advice prior to entering into salary sacrifice arrangement. The amount of any salary sacrifice income requested must be a fixed sum, without variation from one pay period to the next. The company shall implement employee requests to commence salary sacrifice arrangements at four (4) times a year, on the first full pay period on or after the 1st July, 1st October, 1st January and 1st April. Where adverse tax and/or superannuation changes occur, the Company or employee may terminate these salary sacrifice arrangements. Where a decision to terminate is made, employees will be given one month’s notice in writing.

  • Workload An employee who believes that her workload is unsafe or consistently excessive shall discuss the problem with her immediate supervisor. If the problem is not resolved in this discussion, the employee may seek a remedy by means of the grievance procedure. If the matter is not resolved in the grievance procedure, it may be referred to troubleshooter who shall:

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