All Plans. Drawings, Specifications and other documents prepared by or for Owner for use under this agreement are the property of Owner and remain the property of Owner. Plans, Drawings and Specifications, whether in paper or electronic form, prepared for use in construction under this agreement shall not be modified or used on any other project without written consent of Owner. Contractor shall hold harmless and Indemnify Owner from and against any and all Claims, actions, suits, costs, damages, losses, expenses and attorney's fees arising out of use of the Project Plans, Drawings, or Specifications for any purpose other than construction to be completed under this agreement. Contractor and Subcontractors are granted a limited license to use and reproduce applicable portions of the Plans, Specifications and Drawings as required for construction under this agreement. All copies made under this license shall bear a notice showing Owner as copyright holder. All Plans, Drawings, Specifications and other documents prepared for use in construction under this agreement are to be returned to Owner at completion of the Work or termination of the contract. Contractor may retain one record set of the Plans, Drawings and Specifications. All other sets shall be accounted for by Contractor and returned to Owner. Submittal or distribution of Project Plans, Drawings or Specifications to meet Official Regulatory Requirements is not to be construed as publication in derogation of the rights of Owner.
All Plans. Upon attainment of his Normal Retirement Date, a Participant shall be entitled to receive a distribution of all or a part of his interest in the Plan upon filing a written request with the Plan Administrator. In service distributions are permitted at the election of the Participant for amounts held in a Segregated Account attributable to a rollover from another plan regardless of age or periods of participation. Any distribution shall be subject to the written consent of the Participant's spouse.
All Plans. The provisions of this subparagraph apply to all plans. We shall pay to the Insurer or Trustee, as applicable, the Elective Deferral Contributions, Qualified Matching Contributions, and Qualified Nonelective Contributions for each Plan Year not later than the end of the 12-month period immediately following the Plan Year for which they are deemed to be paid. If Items O(8)(b)(i) and O(8)(b)(i)C(1), (2), or (3) are selected, we shall pay to the Insurer or Trustee, as applicable, the Qualified Matching Contributions calculated based on Elective Deferral Contributions and Pay for the pay period specified in Item O(8)(b)(i)C not later than the last day of the following Plan-year Quarter. All Contributions are forwarded by us to the Trustee to be deposited in the Trust Fund or to the Insurer to be deposited under the Annuity Contract, as applicable. Contributions that are accumulated through payroll deduction shall be paid to the Trustee or Insurer, as applicable, by the earlier of (i) the date the Contributions can reasonably be segregated from our assets, or (ii) the 15th business day of the month following the month in which the Contributions would otherwise have been paid in cash to the Member.
All Plans. Project Documents, the names and addresses of all contractors (and said contractor's subcontractors), architects, engineers, consultants and materialmen engaged or to be engaged by Seller for the construction of the Project and copies (certified by Additional Seller to be true and correct) of all Project Documents in effect as of the date of this Amendment.
All Plans. Welfare Plans and Employee Benefit Plans and any related trust agreements or annuity contracts comply with and are and have been operated in accordance with each applicable provision of ERISA, the Code (including, without limitation, the requirements of section 401(a) of the Code to the extent any Plan is intended to conform to that section), other federal statutes, state law (including, without limitation, state insurance law) and the regulations and rules promulgated pursuant thereto or in connection therewith. Neither Seller nor any ERISA Affiliate has any notice or knowledge of any violation of any of the foregoing by any Plan, Welfare Plan, or Employee Benefit Plan. Each Welfare Plan which is a group health plan (within the meaning of section 5000(b)(1) of the Code) complies with and has been maintained and operated in accordance with each of the requirements of section 162(k) of the Code as in effect for years beginning prior to 1989, section 4980B of the Code for years beginning after December 31, 1988 and Part 6 of Subtitle B of Title I of ERISA. A favorable determination as to the qualification under the Code of each of the Plans and each amendment thereto has been made by the IRS, each trust funding Welfare Plans or Plans is and has been tax-exempt and each Plan and related trust agreement remain qualified under the Code. Future compliance with the requirements of ERISA and the Code as in effect on the Closing Date and any collective bargaining agreements to which Seller or any ERISA Affiliate is subject or bound will not result in any increase in benefits under any Plan or any Welfare Plan.
All Plans. If so elected in the Adoption Agreement, In Service Distributions are permitted at the election of the Participant for amounts held in a Segregated Account attributable to a rollover from another plan or Voluntary Account regardless of age or periods of participation. In Service Distributions are subject to the spousal consent requirements contained in sections 401(a)(11) and 417 of the Code unless the Plan is a Safe Harbor Profit Sharing Plan as defined by Section 1.2.77.
All Plans. A. If a life insurance Policy or Contract is to be purchased for a Participant, the aggregate premium for ordinary life insurance for each Participant must be less than 50% of the aggregate Employer contributions allocated to a Participant's Account at any particular time. If term insurance (including universal life insurance) is purchased with such contributions, the aggregate premium must be less than 25% of the aggregate Employer contributions allocated to a Participant's Account. If both ordinary life insurance and other forms of life insurance are purchased with such contributions, one-half of the premium amount expended for ordinary life insurance plus the amount expended for all other forms of life insurance may not in the aggregate exceed 25% of the aggregate Employer contributions allocated to a Participant's Account. If retirement income (or endowment) Contracts are purchased on behalf of any Participant, the death benefit under the Contract shall not be greater than 100 times. . . . under such Contract. Any dividends or refund payable under insurance Contracts for a Participant, if any, shall be applied to such Participant's Account in the taxable year in which received or in the next succeeding taxable year. For purposes of these incidental insurance provisions, ordinary life insurance contracts are contracts with both nondecreasing death benefits and nonincreasing premiums. Custodian/Trustee shall have no responsibility to see that amounts are allocated in accordance with the limitations described above.
All Plans. The Employer may elect in the Adoption Agreement to permit In Service distributions at the election of the Participant for amounts held in a Rollover Account, in a Deductible Voluntary Account, or in a Voluntary Account regardless of age or periods of participation. Short Form. In Service distributions are always permitted at the election of the Participant for amounts held in a Rollover Account, in a Deductible Voluntary Account, or in a Voluntary Account regardless of age or periods of participation.
All Plans. All plans (e.g. 3 year, Annual, Quarterly, etc.) require that you submit a two-month or sixty- day notice whichever is greater prior to the beginning of any Renewal Term. If You terminate your plan prior to the end of the then current Term, BCG will not be required to refund to You any fees already paid and you are liable for all applicable charges remaining in the term. You may terminate this Agreement for any reason by removing all services from your account via the administrative control panel to cancel automatic renewal, and then by submitting a request to terminate your account to the billing department via the administrative control panel ticket system and/or email to your assigned BCG contact prior to the beginning of any Renewal Term. If you fail to remove services from your account prior to the automatic renewal date, you will not be entitled to a refund.
