Positive Determination Sample Clauses

Positive Determination. (a) If the determination under Article 11(1) is positive, the receiving Office shall stamp on the request the name of the receiving Office and the words “PCT International Application,” or “Demande internationale PCT.” If the official language of the receiving Office is neither English nor French, the words “International Application” or “Demande inter- nationale” may be accompanied by a translation of these words in the official language of the receiving Office.
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Positive Determination. The BEO then makes an Environmental Threshold Determination, which accepts or changes the IEE’s recommendations. Regulation 216 provides a list of categories of activities to which the Categorical Exclusion applies and a list of activities for which an Environmental Assessment must generally be prepared.2 Regulation 216 requires an Environmental Assessment to analyze the environmental consequences of the proposed action and propose means to mitigate adverse environmental impacts. When USAID co-finances activities with other donors the following conditions apply: ➢ If USAID is a “minor donor” in the project, contributing both less than $1,000,000 and less than 25 percent of the estimated project cost, and with no control over planning or design, USAID has no control over the use or non-use of environmental review procedures; ➢ If USAID contributes more than $1,000,000 but this is less than 25 percent of the estimated project budget, the Mission Environmental Officer must determine whether the environmental review procedures used by the partner organization for the project in question are adequate; ➢ If USAID is involved in planning and design and/or contributes over 25 percent of the estimated budget for a project, USAID Guidelines must be followed or the Guidelines of the partner must, in the judgment of the Mission Environmental Officer be implemented to the same standard as the USAID guidelines. Environmental Threshold Decision for the Expanded Alternative Development Program On July 16, 2002, based on an Initial Environmental Examination (IEE) submitted by USAID/Peru, the Latin America and Caribbean Bureau Environmental Officer (LAC/BEO) issued Environmental Threshold Decision LAC-IEE-02-36 for the Expanded Alternative Development Program. The Environmental Threshold Decision assigned the following classifications to the activities to be implemented under the Expanded Alternative Development Program. Categorical Exclusion: Financial Services, Communications Strategy, Strengthened Institutional and Policy Framework Components and the technical assistance and training activities under the Strengthened Local Organizations Component. 2 Regulation 216 requires an Environmental Assessment for the following types of projects: potable water or sewerage projects. river basin development, irrigation or water management, agricultural land leveling, drainage projects, large-scale agricultural mechanization, new lands development, resettlement, penetration road buil...
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Positive Determination. Economic Infrastructure, Agriculture Extension and Information Services and “Roads for Markets” activities.
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Positive Determination. Sub Process 5:
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Positive Determination. The DEVIDA GMA accepts the recommendation and sends this recommendation to the CEU of the PC or rejects the recommendation and returns the IEE to the REU with specific requests for further explanation or justification of the recommendation or a change in the recommendation.
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Positive Determination. Table 5.1 indicates a probable classification of some of the types of projects which the Expanded ADP will finance. The Expanded ADP may, however, finance other types of projects. Table 5.1. Environmental classification of potential projects to be financed by the Expanded ADP Categorical Exclusion Negative Determination Positive Determination Without conditions With conditions • Telecommunications • Credit • Strengthening local governments • Administration of justice • Market access • Basic and social infrastructure • Road rehabilitation • Electrification • Water systems • Reforestation • Forest concessions • Agriculture economic activities • Road rehabilitation (large-scale and road construction) • Electrification (large- scale)
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Related to Positive Determination

  • INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.

  • Positive Test results for Antibiotics AFTER Milk is collected and has caused the TANKER TO RETURN A POSITIVE RESULT . UPON CUSTOMER RISK ASSESSMENT , MILK IS ACCEPTED. Supplier will not be paid for this Milk as it has tested positive for antibiotics and is deemed to be in breach of ACM Food Safety Program (see part 6.1 for details) and Milk Quality Standards (see Table 3.1). For all positive samples (vat or Tanker) Milk collection will be suspended until a negative sample is achieved. Any subsequent positive vat samples taken during this process will not be paid for. Only after a negative sample is achieved, will ACM schedule Milk for collection. Supplier will be required to complete a CAR (Corrective Action Report) which is a requirement of ACM’s Food Safety Program. Refer to section 4.3 Management of Non‐Conformance ‐ Incident Report in the ACM Food Safety Program manual.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Salary Determination 12.5.1 A unit member shall receive a salary not less than the minimum salary nor more than the maximum salary (Articles 12.3 and 12.4) for the rank to which appointed, except as provided in Articles 4.15, 5.6, 10.6.1 or Article 10.6.1.1. The effective dates for salaries shall be the appropriate dates specified in Article 12.2.2.

  • Interest determination (a) Where Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will, subject as provided below, be either:

  • Penalty Determination H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because IIT sold, supplied, offered for sale, consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties for selling uncertified charcoal lighter material in California. In this case, the total penalty is $7,500 for selling uncertified charcoal lighter material in California. The penalty in this case was reduced because this was a strict liability first-time violation and IIT made diligent efforts to cooperate with the investigation. To come into compliance, IIT no longer offers Safegel BBQ & Fireplace Lighting Gel Fire Starter for commerce in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by IIT that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and IIT that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against IIT, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that IIT may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the violations was not practicable.

  • Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.

  • Positive Test Result Where there has been a positive test result in a confirmatory test and in any confirmatory retest (if the employee requested one), the Employer will do the following unless the employee has furnished a legitimate medical reason for the positive test result:

  • Positive Test Results In the event an employee tests positive for drug use, the employee will be provided, in writing, notice of their right to explain the test results. The employee may indicate any relevant circumstance, including over the counter or prescription medication taken within the last thirty (30) days, or any other information relevant to the reliability of, or explanation for, a positive test result.

  • FINAL DETERMINATION BY BOARD The Board shall have the right and power to adjust and determine finally all questions as to the proper and timely performance of the work and the amounts earned under this Contract, all as provided in General Conditions.

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