Applicant Violator System Sample Clauses

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members (by permit block or otherwise), the non-permit blocked Member(s) may (i) undertake to remove the condition causing the permit block, at the permit blocked Member’s expense or (ii) purchase such permit blocked Member’s interest in the Company at the fair market value of such permit blocked Member’s interest.
Sample 1Sample 2Sample 3See All (15)
AutoNDA by SimpleDocs
Applicant Violator System. Neither the Company, any of the Company Subsidiaries, nor any Person “owned or controlled” by the Company or any of the Company Subsidiaries, nor to the knowledge of the Company, any Person which “owns or controls” the Company or the Company Subsidiaries, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation Act (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Sample 1Sample 2
Applicant Violator System. No direct or indirect owner of the Borrower or the Mine, or person having any operational control of the Mine, or any other Person that could adversely affect the transfer of any of the Borrower’s rights in the Mine is listed on the Applicant Violator System.
Sample 1
Applicant Violator System. No Person identified on the Applicant Violator System shall at any time be an owner of the Borrower or the Mines, or have any operational control of the Mines, or otherwise have any adverse affect on the right of the Borrower to transfer its rights in the Mines.
Sample 1
Applicant Violator System. (a) The parties hereto acknowledge that the Company and its subsidiaries are subject to the Applicant Violator System and the requirements for permits to conduct surface coal mining and reclamation operations ("Permits") described in 30 C.F.R. Section 773 (together with any successor statutory or regulatory provisions, "AVS"). As a result of AVS, an applicant for Permits may be denied permits ("Permit Blocked") because of ownership or control links to another entity.
Sample 1
Applicant Violator System. Each Venturer warrants that the Venturer, ------------------------- its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining are not currently "permit blocked" pursuant to the Surface Mining Reclamation and Control Act of 1977 ("SMCRA"). Bluegrass warrants that no unabated violation of SMCRA or its state counterpart exists at the Patriot Mine on the Effective Date that would cause either or both of the Venturers to be "permit blocked".
Sample 1
Applicant Violator System. Neither Buyer, nor any Person “owned or controlled” by Buyer, nor to the knowledge of Buyer, any Person that “owns or controls” Buyer, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive surface mining permits; or (b) under investigation to determine whether its eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Sample 1
AutoNDA by SimpleDocs
Applicant Violator System. Neither the Parent nor Merger Sub, nor any Person “owned or controlled” by Parent or Merger Sub, nor to the knowledge of Parent, any Person that “owns or controls” the Parent or Merger Sub, has been notified in writing by the U.S. Office of Surface Mining or the agency of any state administering the Surface Mining Control and Reclamation at (30 U.S.C. §§ 1201 et seq.), or any comparable state statute, that it is: (a) ineligible to receive additional surface mining permits; or (b) under investigation to determine whether their eligibility to receive such permits should be revoked, i.e., “permit blocked.” As used herein, the terms “own,” “owner,” or “ownership” and “control” or “controller” shall be defined as set forth in 30 C.F.R. § 701.5.
Sample 1
Applicant Violator System. Each Partner represents and warrants that such Partner, and its officers, shareholders, subsidiaries, affiliates and any other entity that can be attributed to it under the "ownership and control" regulations issued by the Office of Surface Mining (collectively, "Partner Entities") are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"). No Partner will allow to exist any violation of SMCRA or any comparable state law at any operation of a Partner Entity that would cause the other Partner or its Partner Entities to be permit blocked. Any Partner Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Partner within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days; provided, however, that if the permit block does not then or thereafter adversely affect the other Partner (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings.
Sample 1

Related to Applicant Violator System

  • Mowing Mowing, edging (of sidewalks, paved approaches and curbs), litter removal, herbicide treatment, grass clipping removal, and brush control are included under one bid item. Regular mowing under this contract is generally limited to mowing areas of shoulders, front and back slopes of ditches less than or equal to three-to-one (3:1) slope, roadside retention areas, dry roadside ditch bottoms, median islands and various width utility strips and similar areas. Slope mowing, which is also a contract requirement, is generally limited to slopes greater or steeper than three-to-one (3:1) and are relatively inaccessible to the use of conventional mowing equipment (e.g., steep slopes, retention area banks and shores, bridge/overpass banks, canal banks, wet roadside ditches, etc). These types of areas will normally require equipment specifically designed for this type of work. When slope mowing is performed, it will incorporate the use of string trimmers to protect the integrity of the slope and prevent damage to the turf. Sign posts, mailboxes, guardrails, trees, roadside outfall structures, fences, divider walls, shrubs, plants, light poles, utility flags or other such obstacles to mowing will be hand mowed or trimmed around as necessary to present a groomed appearance. Top of vegetation on wet bottom ditches areas must be cut-off to the water’s level. Particular attention will be paid to planted areas. Any damage that occurs to plants, trees, shrubs, mulched beds, tree rings, sprinkler heads, etc., will be repaired or restored, at the Contractor’s expense, before the cycle is completed. Mowing will also include grass clipping removal and litter removal, edging, and herbicide treatment. These costs will be included in the unit price bid for right-of-way mowing.

  • Repeat Violations Xxxxxx agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • AIR OR WATER POLLUTION VIOLATION Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

  • Policy Compliance Violations The Requester and Approved Users acknowledge that the NIH may terminate the DAR, including this Agreement and immediately revoke or suspend access to all controlled-access datasets subject to the NIH GDS Policy at any time if the Requester is found to be no longer in agreement with the principles outlined in the NIH GDS Policy, the terms described in this Agreement, or the Genomic Data User Code of Conduct. The Requester and PI agree to notify the NIH of any violations of the NIH GDS Policy, this Agreement, or the Genomic Data User Code of Conduct data within 24 hours of when the incident is identified. Repeated violations or unresponsiveness to NIH requests may result in further compliance measures affecting the Requester. The Requester and PI agree to notify the appropriate DAC(s) of any unauthorized data sharing, breaches of data security, or inadvertent data releases that may compromise data confidentiality within 24 hours of when the incident is identified. As permitted by law, notifications should include any known information regarding the incident and a general description of the activities or process in place to define and remediate the situation fully. Within 3 business days of the DAC notification(s), the Requester agrees to submit to the DAC(s) a detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specific information on timelines anticipated for action. The Requester agrees to provide documentation verifying that the remediation plans have been implemented. Repeated violations or unresponsiveness to NIH requests may result in further compliance measures affecting the Requester. All notifications and written reports of data management incidents should be sent to the DAC(s) indicated in the Addendum to this Agreement. NIH, or another entity designated by NIH may, as permitted by law, also investigate any data security incident or policy violation. Approved Users and their associates agree to support such investigations and provide information, within the limits of applicable local, state, tribal, and federal laws and regulations. In addition, Requester and Approved Users agree to work with the NIH to assure that plans and procedures that are developed to address identified problems are mutually acceptable and consistent with applicable law.

  • Routing for Operator Services and Directory Assistance Traffic For a Verizon Telecommunications Service dial tone line purchased by CBB for resale pursuant to the Resale Attachment, upon request by CBB, Verizon will establish an arrangement that will permit CBB to route the CBB Customer’s calls for operator and directory assistance services to a provider of operator and directory assistance services selected by CBB. Verizon will provide this routing arrangement in accordance with, but only to the extent required by, Applicable Law. Verizon will provide this routing arrangement pursuant to an appropriate written request submitted by CBB and a mutually agreed-upon schedule. This routing arrangement will be implemented at CBB's expense, with charges determined on an individual case basis. In addition to charges for initially establishing the routing arrangement, CBB will be responsible for ongoing monthly and/or usage charges for the routing arrangement. CBB shall arrange, at its own expense, the trunking and other facilities required to transport traffic to CBB’s selected provider of operator and directory assistance services.

  • Site Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner that are designated for the use of the Contractor. Also referred to as Project Site, Job Site and Premises.

  • Evacuation (1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

  • Personal Accident On payment of a Claim under Benefit II (a): Death or Permanent Total Disablement, the cover will cease in respect of that Insured Person.

  • Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.

  • Towing Contractor shall meet all requirements set forth in Title 46 CFR, Part 15 for Towing Assistance. Unless otherwise specified in the work request, Purchasers require a dead-ship tow plan to be approved by the Coast Guard in accordance with the Puget Sound Harbor Safety Committee for vessels over 50-feet, unless the Coast Guard deems the plan unnecessary. Contractor is responsible to obtain a tow plan and provide Purchaser with an approved copy at least one (1) business day prior to the tow. The plan is located on the Puget Sound Harbor Safety Committee’s website under the Safety Plan link on the left side of the page (xxxx://xxxxx.xxx/about). This site will have the most update version of the plan.

Time is Money Join Law Insider Premium to draft better contracts faster.