Matching Provision Sample Clauses

Matching Provision. In the event that the City, after the tenth anniversary of the Effective Date, enters into a binding, written franchise agreement granting such franchisee other than the Company the right to use the Inalienable Property to provide Information Services in a manner comparable hereunder, and such new form of franchise agreement contains provisions imposing lesser obligations than are imposed under this Agreement, then the Company may petition DoITT, in writing, for such new form of franchise agreement to replace this Agreement. DoITT shall consider and grant any such petition in order to ensure fair and equitable treatment among the Company and other franchisees, if DoITT, in its sole discretion, reasonably determines that: (i) the Company is in compliance with its obligations under this Agreement and any other franchises, agreements, or other authorizations by and between the Company and the City; and (ii) the obligations imposed by this Agreement, taken in whole or in part, place the Company at a substantial competitive disadvantage in relation to the obligations imposed on the other franchisee. Further, DoITT will review any petition made pursuant to this section that the reason for the imposition of lesser obligations on the other franchisee are not the result of a differing nature of the City’s legal authority with respect to such other franchisee or its activities, and that the lesser obligations are not justified by other benefits provided by the Company to the City or its residents.
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Matching Provision. (a) In the event that the City grants, renews or renegotiates one or more franchise(s), agreement(s) or similar authorization(s), for the provision of local, high-capacity telecommunications services or similar services in the Franchise Area, and such franchise(s), agreement(s) or authorization(s) contain provisions imposing lesser obligations on the grantee(s) thereof than are imposed by the provisions of this Agreement, the Company may at any time petition the City for a modification of this Agreement.
Matching Provision. If the City grants, renews or renegotiates one or more franchises for the operation of a Cable Communications System in the Initial Construction Area in the Existing Franchise pursuant to the Cable Act ("Other Cable Franchise") and the Company believes the agreement (hereinafter the "Other Cable Franchise Agreement") pursuant to which such Other Cable Franchise is granted bestows benefits and imposes burdens on the franchisee which, on balance, are materially more advantageous to such third party than the benefits bestowed and burdens imposed on the Company by this Agreement are to the Company, then, at any one time after each such grant, renewal or negotiation but not sooner than six (6) months after the effective date of such event, the Company may request that the City make a determination to such effect and, in the event of such a determination, renegotiate the terms and conditions of this Agreement as provided below.

Related to Matching Provision

  • Saving Provision If any part of this Agreement is held to be unenforceable, it shall not affect any other part. If any part of this Agreement is held to be unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law.

  • Savings Provision If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

  • Matching Contributions The Employer will make matching contributions in accordance with the formula(s) elected in Part II of this Adoption Agreement Section 3.01.

  • Deferred Compensation Account All Participant Deferral Credits and Employer Credits shall be credited to the Deferred Compensation Account of the Participant as provided in Section 8.

  • Qualified Matching Contributions If selected below, the Employer may make Qualified Matching Contributions for each Plan Year (select all those applicable):

  • Nonqualified Deferred Compensation (a) It is intended that any payment or benefit which is provided pursuant to or in connection with this Agreement which is considered to be deferred compensation subject to Section 409A of the Code shall be paid and provided in a manner, and at such time and form, as complies with the applicable requirements of Section 409A of the Code to avoid the unfavorable tax consequences provided therein for non-compliance.

  • Elective Deferrals An Employee will be eligible to become a Contributing Participant in the Plan (and thus be eligible to make Elective Deferrals) and receive Matching Contributions (including Qualified Matching Contributions, if applicable) after completing 1 (enter 0, 1 or any fraction less than 1) Years of Eligibility Service.

  • Nonqualified Deferred Compensation Plans Effective on or before the Distribution Date, Columbia shall adopt, establish and maintain nonqualified deferred compensation plans for the benefit of employees of the Columbia Parties (the “Columbia Deferred Compensation Plans”) and shall establish one or more grantor trusts to be a source of providing benefits thereunder (the “Columbia Rabbi Trusts”) that in each case shall be substantially similar to the NiSource Deferred Compensation Plans and the grantor trusts maintained by NiSource with respect to the NiSource Deferred Compensation Plans (the “NiSource Rabbi Trusts”). As of the Distribution Date, the Columbia Parties shall assume and thereafter be solely responsible for all existing and future liabilities relating to Business Employees’ (and Deceased Business Employee survivors’ and beneficiaries’) (a) benefits accrued under the NiSource Deferred Compensation Plans prior to the Distribution Date and (b) benefits that accrue under the Columbia Deferred Compensation Plans on and after the Distribution Date. All beneficiary designations made by Business Employees and by survivors and beneficiaries of Deceased Business Employees under the NiSource Deferred Compensation Plans shall, to the extent applicable, be transferred to, and be in full force and effect under, the Columbia Deferred Compensation Plans until such beneficiary designations are replaced or revoked by the Business Employee (or the survivor or beneficiary of the Deceased Business Employee) who made the beneficiary designation. Following the Distribution Date, the NiSource Parties shall have no liability or obligation with respect to the benefits accrued by such Business Employees or by such survivors or beneficiaries of Deceased Business Employees under any of the NiSource Deferred Compensation Plans or with respect to any benefits accrued under the Columbia Deferred Compensation Plans. As soon as administratively practicable after the Distribution Date, NiSource shall cause the NiSource Rabbi Trusts to transfer to the Columbia Rabbi Trusts cash, life insurance policies or other assets having an aggregate fair market value equal to (i) the aggregate fair market value of all assets held in the NiSource Rabbi Trusts as of the Distribution Date multiplied by (ii) a percentage, the numerator of which shall be the lump sum present value of the benefits assumed by the Columbia Deferred Compensation Plans pursuant to this Section 3.03 and the denominator of which shall be the lump sum present value of all benefits accrued under the NiSource Deferred Compensation Plans immediately prior to the Distribution Date.

  • Forfeiture Provision The Executive shall forfeit any unpaid benefit hereunder, if the Executive, directly or indirectly, either as an individual or as a proprietor, stockholder, partner, officer, director, employee, agent, consultant or independent contractor of any individual, partnership, corporation or other entity (excluding an ownership interest of three percent (3%) or less in the stock of a publicly-traded company):

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