Representative Xxxxxx. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Keyosei agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) .Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
Representative Xxxxxx. On the Closing Date, Parent shall: (i) cause the Representative Amount to be deducted from the Merger Consideration otherwise payable to the Interest Holders; and (ii) deposit $200,000 by wire transfer of immediately available funds to the account designated by the Representative, to satisfy potential future obligations of the Interest Holders to the Representative, including expenses of the Representative arising from the defense or enforcement of claims pursuant to Article VIII and Section 10.01 (in the aggregate, the “Representative Amount”). Each Interest Holder’s pro rata portion of the Representative Amount that is delivered to, and held by, the Representative on behalf of each Interest Holder shall be determined based on such Interest Holder’s Pro Rata Percentage. The Representative Amount shall be retained in whole or in part by the Representative for such time as the Representative shall determine in its sole discretion, at which time the Representative shall distribute to the Payments Administrator for further distribution to the Interest Holders their Pro Rata Percentages of any remaining amounts distributed under this Section 2.04(d). The Interest Holders will not receive any interest or earnings on the Representative Amount and irrevocably transfer and assign to the Representative any ownership right that they may otherwise have had in any such interest or earnings. The Representative will not be liable for any loss of principal of the Representative Amount other than as a result of its gross negligence or willful misconduct. For tax purposes, the Representative Xxxxxx will be treated as having been received and voluntarily set aside by the Interest Holders at the time of Closing.
Representative Xxxxxx. The Union's business agent, or other accredited representatives of the Union shall be permitted to visit the Department during working hours for the purpose of adjusting disputes, provided such person notified the Sheriff's Office of his/her presence prior to such a visit. In no case shall such representative interfere with the operations of the Department during such visit, nor shall the representative have access to operational areas of the Department unless accompanied by the Sheriff or the Sheriff designee.
Representative Xxxxxx. This was a very productive week at the Capitol. An agreement between Xxxxx Xxxxxxxxxxx and Xxxxxx Xxxxxxxxx set K-12 SSA at 2.25%. That represents 87% of all new spending going to K-12 education. To put that in concrete numbers, that’s $153.8 million in new spending. Under Republican leadership in the House, this is the sixth year in a row that schools have received a funding increase. During that time ongoing spending for education has increased by $660 million. Xxxxx Xxxxxxxxxxx have also provided additional funding totaling $106 million for other purposes including the final phase of the Teacher Leadership program. Though there is a lot of talk about teacher cuts, the number of full time teachers in Iowa classrooms has increased by 809 over the past four school years. The average teacher salary in the state of Iowa is $55,536, which has increased 37.6 % over the last 10 years. Xxxxx Xxxxxxxxxxx have also been working hard this session to come up with a plan for a comprehensive water quality program. I expect details to be rolled out next week on this initiative. It will have comprehensive efforts for both rural agriculture lands and municipalities. It builds on positive initiatives that are already being made and cutting edge research. For agriculture applications you will be hearing more about terraces, grass waterways, bio-reactors, buffer strips, saturated buffers and nutrient removal wetlands. There are also new and promising innovations for water treatment plants in communities on the horizon. These initiatives will be a public-private partnership, being funded by Iowa farmers, local communities, the state and other private sources. Personally, I envision a long term strategy that incorporates the Iowa Water and Land Legacy Trust Fund. (IWILL) It is not part of the current plan, but the trust fund embraces many of the water quality goals and initiatives we need for a long term solution. Our challenge is going to be finding a way to make the trust fund affordable for all Iowan’s. I am confident that will be a discussion for the near future. This was also a great week for the HF 2279 bill. As you know, the Senate sent back the Suppressor bill with one minor amendment. It basically changed the wording of one sentence. Being the House floor manager of the bill, I concurred with the Senate Amendment and the House made a bipartisan vote to send the bill to the Governor for his signature. During a conversation with him, he assured me of his signature. I h...
Representative Xxxxxx. As a legislative representative of the people of Oregon, Representative Xxxxxx is responsible for acting within her realm of influence to positively affect the economic, recreational, and natural resource values of this state. In the context of Diamond Lake, Representative Xxxxxx is resolved to facilitate coordination, and timely and meaningful action by and between the multiple agencies involved in this MOU with an ultimate goal of returning the lake to a fishable, swimmable condition.
