Section 1.3 The sixth paragraph of Section 13 is hereby deleted in its entirety and replaced with the following new paragraph; “Each Fund hereby represents to State Street that: (i) its policies and objectives generally permit it to engage in securities lending transactions; (ii) its policies permit it to purchase shares with cash Collateral of the State Street Navigator Securities Lending Portfolio II; (iii) its participation in State Street’s securities lending program, including the investment of cash Collateral in the State Street Navigator Securities Lending Portfolio II, has been approved by a majority of the trustees that are not “interested persons” within the meaning of section 2(a)(19) of the Investment Company Act of 1940, as amended, of the Fund and such trustees will evaluate the securities lending program no less frequently than annually to determine that the investment of cash Collateral in the State Street Navigator Securities Lending Portfolio II is in the Fund’s best interest; (iv) its prospectus provides appropriate disclosure concerning its securities lending activity; and (v) that the trustees have obtained competing quotes with respect to lending agent fees from at least three independent lending agents or a report of an independent consultant to assist the trustees in determining that the fees for State Street’s services hereunder are fair and reasonable in light of the usual and customary charges imposed by others for services of the same nature and quality.
Section 16.2 29 All provisions of this Agreement shall be applicable to the entire term of this Agreement 30 notwithstanding its execution date, except as provided in the following section.
Section 16.3 16 For purposes of calculating daily hours, time worked shall be rounded to the next one-quarter (¼) hour.
Section 18.3 34 This Agreement may be reopened and modified at any time during its term upon mutual consent of the 35 parties in writing; provided, however, that this Agreement shall be reopened as necessary to consider 36 the impact of any legislation enacted following execution of this Agreement which directly affects the 37 terms and conditions herein or create authority to alter personnel practices in public employment.
RECAPTURE PROVISION In the event the ORGANIZATION fails to expend these funds in accordance with state law and/or the provisions of this Agreement, the COUNTY reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period of two (2) years following release of any report from an audit conducted by the COUNTY and/or the State Auditor’s Office under the Section 4 (EVALUATION AND MONITORING) provisions or the 3-year records retention period required under Section 4 (EVALUATION AND MONITORING), whichever occurs later. Repayment by the ORGANIZATION of any funds recaptured under this provision shall occur within twenty (20) days of any demand. In the event the COUNTY is required to institute legal proceedings to enforce this recapture provision, the COUNTY shall be entitled to its costs thereof, including reasonable attorney’s fees.
Section 12.3 5 The District shall make required contributions for State Industrial Insurance on behalf of all employees 6 subject to this Agreement.
Section 17.3 13 This Agreement may be reopened and modified at any time during its term upon mutual consent of the 14 parties in writing; provided, however, that this Agreement shall be reopened to renegotiate Article XII,
Section 16.4 37 If any provision of this Agreement or the application of any such provision is held invalid, the 38 remainder of this Agreement shall not be affected thereby. 39
Section 16.5 31 Neither party shall be compelled to comply to any provision of this Agreement which conflicts with 32 State or Federal statutes or regulations promulgated pursuant thereto.
Section 10 11. Article 10 Not To Prevent Events of Default or Limit Right To Accelerate..................................... 91 SECTION 10.12. Trust Moneys Not Subordinated........................... 91 SECTION 10.13. Trustee Entitled To Rely................................ 92 SECTION 10.14.
