The Code Sample Clauses

The Code. The "Code" shall mean the Internal Revenue Code of 1986, as amended (the "Code").

The Code. When used in this Agreement, the expressions “acting in concert”, “concert parties”, “control” and “offer” shall be construed in accordance with the Code.

The Code. If the Code grants us a right which may be included in this contract, our rights under this contract are deemed to include such a right.

The Code. If the Code grants us a right which may be included in this contract, our rights under this contract are deemed to include such a right. SCHEDULE 1 – DEFINITIONS The following words have the attributed meaning for the purposes of this contract. Act means the Water Industry Act 2012 (SA) as amended from time to time. applicable regulatory instruments means any Act (including without limitation, the Act) or regulatory instrument made under an Act (including without limitation, the Regulations), or the Code or any other industry code, guideline, or other regulatory instrument issued by ESCOSA which applies to us. ADI means an authorised deposit taking institution within the meaning of the Banking Act 1959 (Cth) as defined in section 4 of the Acts Interpretation Act 1915 (SA). availability charge a charge for the availability of a service (rather than the use of it). The Local Government Act 1999/Roxby Downs Indenture Ratification Act 1982 allows us to recover this availability charge from you where our water infrastructure runs adjacent to your property. best endeavours means to act in good faith and use all reasonable efforts, skill and resources. business day means a day that is not a Saturday, a Sunday or a public holiday in the State of South Australia. Centrepay a free service for customers whereby bills may be paid as regular deductions from the customer’s government welfare payments. Code means the Water Retail Code – Minor and Intermediate Retailers published by ESCOSA as amended from time to time. connection point means, in respect of a water retail service, the outlet of the meter at your supply address which then connects to the water reticulation network.

The Code. It is intended that the Option is exempt from Sections 409A and 457A of the U.S. Internal Revenue Code of 1986 (as amended, the “Code”). Notwithstanding the foregoing, the Optionee shall be solely responsible and liable for the satisfaction of all taxes and penalties that may be imposed on the Optionee in connection with the Option (including any taxes and penalties under Sections 409A and 457A of the Code), and neither the Company nor any of its Affiliates shall have any obligation to indemnify or otherwise hold the Optionee harmless from any or all of such taxes or penalties.

The Code. We intend that, to the extent any provisions of the Plan or any awards granted under the Plan are subject to Section 409A of the Code (which relates to nonqualified deferred compensation), they will be interpreted and administered in good faith in accordance with Section 409A requirements and that the Compensation Committee will have the authority to amend any outstanding awards so that they are in compliance with Section 409A or qualify for an exemption from Section 409A. First Financial will not indemnify any participant for taxes or penalties imposed by Section 409A. To the extent required to avoid accelerated taxation and tax penalties under Code Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Plan during the six month period immediately following the participant’s termination of employment or service will instead be paid on the first payroll date after the six-month anniversary of the participant’s separation from service (or the participant’s death, if earlier).

The Code. The Trustee shall furnish the Master Servicer with any powers of attorney and other documents necessary or appropriate to enable the Master Servicer to service and administer the Mortgage Loans. The Trustee shall not be liable for any action taken by the Master Servicer or any Subservicer pursuant to such powers of attorney. In servicing and administering any Nonsubserviced Mortgage Loan, the Master Servicer shall, to the extent not inconsistent with this Agreement, comply with the Program Guide as if it were the originator of such Mortgage Loan and had retained the servicing rights and obligations in respect thereof. In connection with servicing and administering the Mortgage Loans, the Master Servicer and any Affiliate of the Master Servicer (i) may perform services such as appraisals and brokerage services that are customarily provided by Persons other than servicers of mortgage loans, and shall be entitled to reasonable compensation therefor in accordance with Section 3.10 and (ii) may, at its own discretion and on behalf of the Trustee, obtain credit information in the form of a "credit score" from a credit repository.

The Code. To the extent applicable, it is intended that this agreement comply with the provisions of Section 409A of the Code, so as to prevent inclusion in gross income of any amounts payable or benefits provided hereunder in a taxable year that is prior to the taxable year or years in which such amounts or benefits would otherwise actually be distributed, provided or otherwise made available to you. This agreement shall be construed, administered, and governed in a manner consistent with this intent. In no event shall the Company be liable for any additional tax, interest or penalties that may be imposed on you under Section 409A of the Code or any damages for failing to comply with Section 409A of the Code.

The Code. (i) The Code applies to the Head Contract. Accordingly, the Supplier must, and must ensure that its employees, contractors and agents, comply with the Code in the supply of the Materials. (j) The Supplier acknowledges that it has obtained its own copy of the Code. (k) The Supplier agrees that that information concerning compliance with the Code, including details of whether or not a sanction has been imposed, may be used by the Commonwealth, its agents and ministers, and disclosed to others for the purposes of facilitating compliance with the Code and the exercise of their statutory and portfolio responsibilities. The Supplier must ensure that its contractors are also aware of, and agree to comply with, these rights of use and disclosure. (l) The Supplier must not engage a subcontractor in relation to the Services unless they are compliant with the Code. (m) When requested by SCE, the Supplier must provide all information reasonably necessary to satisfy SCE of its compliance with this clause.

The Code. Target has not been and will not be required to include any material adjustment in Taxable income for any Tax period (or portion thereof) pursuant to Section 481 or 263A of the Code or any comparable provision under state or foreign Tax laws as a result of transactions, events or accounting methods employed prior to the Merger. Neither Target nor any of its subsidiaries is a party to any tax sharing or tax allocation agreement nor does Target or any of its subsidiaries owe any amount under any such agreement. For purposes of this Agreement, the following terms have the following meanings: "Tax" (and, with correlative meaning, "Taxes" and "Taxable") means (i) any net income, alternative or add-on minimum tax, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium, property, environmental or windfall profit tax, custom, duty or other tax governmental fee or other like assessment or charge of any kind whatsoever, together with any interest or any penalty, addition to tax or additional amount imposed by any Governmental Entity (a "Tax authority") responsible for the imposition of any such tax (domestic or foreign), (ii) any liability for the payment of any amounts of the type described in (i) as a result of being a member of an affiliated, consolidated, combined or unitary group for any Taxable period and (iii) any liability for the payment of any amounts of the type described in (i) or (ii) as a result of any express or implied obligation to indemnify any other person. As used herein, "Tax Return" shall mean any return, statement, report or form (including, without limitation,) estimated Tax Returns and reports, withholding Tax Returns and reports and information reports and Returns required to be filed with respect to Taxes. Target and each of its subsidiaries are in full compliance with all terms and conditions of any Tax exemptions or other Tax-sparing agreement or order of a foreign government and the consummation of the Merger shall not have any adverse effect on the continued validity and effectiveness of any such Tax exemptions or other Tax-sparing agreement or order.