Ascertained definition

Ascertained in the context of s 7(3) means ‘discovered’ or ‘found out’. And a document could be ascertained if it was published in such a manner or form that it could reasonably have been expected to be found by a person skilled in the art. The meaning of “understood” in s 7(3) is that having discovered the information, the addressee would have comprehended it or appreciated its meaning.
Ascertained means that the amount to be paid has been decided.
Ascertained in this context means “discovered or found out” and “understood” means that, having discovered the information, the person would have “comprehended it” or “appreciated its meaning or import”: AstraZeneca HCA at [18] (French CJ), [68] (Kiefel J).

Examples of Ascertained in a sentence

  • Ascertained the general labour position at the Site and have understood the cost associated with engagement of the labours.

  • Liquidated and Ascertained Damages is calculated for delay between when the Contractor should have completed the Works and when he actually practically completes the Works.

  • If the Contractor does not finish within any deadline he shall pay Liquidated and Ascertained Damages due to the delay to the Government as provided in the payment certification clause.

  • Liquidated and Ascertained Damages is calculated for delay between when the Contractor should have completed the Works and when he actually completes the Works.

  • The Final Account must include details of the Tender Sum, Contract variations, Final Account sum, any deducted Liquidated and Ascertained Damages, any extensions of time awarded and any claims agreed with the Contractor.

  • Children 6-17 years old with a missing value for height in feet (HGTFT42 is “Refused” (–7), “Don’t Know” (-8), or “Not Ascertained” (-9)) and/or weight in pounds (WGTLB42 is “Refused” (–7), “Don’t Know” (-8), or “Not Ascertained” (-9)) were set to Not Ascertained (-9) for CHBMIX42.

  • The charge per kg of NOx is calculated on the Aircraft’s Ascertained NOx Emission.

  • Liquidated and Ascertained damages as stated in the Contract Agreement will be claimed against the Contract for any unauthorized delay in completion.

  • Liquidated and Ascertained damages as stated in the Contract Agreement will be claimed against the Contract for any unauthorised delay in completion.

  • If a person does not have a USC provider (HAVEUS42 is set to ‘2’ (No), ‘-7’ (Refused), ‘-8’ (Don’t Know) or ‘-9’ (Not Ascertained)), then these variables are set to ‘-1’ (Inapplicable).

Related to Ascertained

  • Ascertainable standard means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code.

  • Audited Party means the Party being audited by the Auditing Party.

  • Assessment Rate means, for any day, the annual assessment rate in effect on such day that is payable by a member of the Bank Insurance Fund classified as "well-capitalized" and within supervisory subgroup "B" (or a comparable successor risk classification) within the meaning of 12 C.F.R. Part 327 (or any successor provision) to the Federal Deposit Insurance Corporation for insurance by such Corporation of time deposits made in dollars at the offices of such member in the United States; provided that if, as a result of any change in any law, rule or regulation, it is no longer possible to determine the Assessment Rate as aforesaid, then the Assessment Rate shall be such annual rate as shall be determined by the Administrative Agent to be representative of the cost of such insurance to the Lenders.

  • Health professional shortage area means that term as defined in section 332(a)(1) of subpart II of part C of title III of the public health service act, chapter 373, 90 Stat. 2270, 42 U.S.C. 254e.

  • Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.

  • Site area emergency means events may occur, are in progress, or have occurred that could lead to a significant release of radioactive material and that could require a response by off-site response organizations to protect persons off-site.

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Quantifiable means, in the context of offset projects, the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary, while accounting for uncertainty and activity-shifting leakage and market-shifting leakage.

  • REASONABLY SAFE FROM FLOODING Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

  • Underpayment means any payment or portion of a payment not made to a provider for services delivered to eligible members according to the laws and rules applicable to the Medicaid program and to which the provider is entitled.

  • protected species means any of the following animals:

  • Landlord’s Statement means an instrument or instruments containing a comparison of any increase or decrease in the Rent for the preceding Comparison Year pursuant to the provisions of this Article 28.

  • Estimate means to be based on technical evaluation of the sources contributing to the discharge including, but not limited to, pump capabilities, water meters, and batch discharge volumes.

  • Valuation Firm has the meaning set forth in Section 1.6(c).

  • Assessed Valuation means the valuation derived by applying the

  • Independent Accountant has the meaning set forth in Section 2.04(c)(iii).

  • Final Determination Date means the following:

  • Late Payment Rate As defined in the Insurance Agreement.

  • Indexation means the adjustment of an amount or sum in accordance with paragraph 69 of this Call Off Schedule 3;

  • Reassessment means additional moneys paid by the members to a joint self-insurance program.

  • Settlement Rate has the meaning specified in Section 5.1.

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Valuation means an estimate of the value of real estate or real property.

  • measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form;

  • Covered Species means the species for which the Bank has been established and for which Credits have been allocated as set forth in Exhibit F-1.

  • Appraiser panel means a network, list or roster of licensed or certified ap- praisers approved by an AMC to per- form appraisals as independent con- tractors for the AMC. Appraisers on an AMC’s ‘‘appraiser panel’’ under this part include both appraisers accepted by the AMC for consideration for fu- ture appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers en- gaged by the AMC to perform one or more appraisals in covered trans- actions or for secondary mortgage mar- ket participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this subpart if the appraiser is treat- ed as an independent contractor by the AMC for purposes of Federal income taxation.