Substantially impaired definition

Substantially impaired means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority;
Substantially impaired means that an individual lacks the ability to make informed, rational judgments and/or to coherently communicate those judgments.
Substantially impaired means a dwelling unit or premises that has been deemed unfit for human habitation by a governmental authority or is in a condition that renders more than half of the dwelling unit or premises unusable by the tenant or that has caused a failure of utilities to the dwelling unit or apartment for a period of more than three (3) days.

Examples of Substantially impaired in a sentence

  • Specifically, all sums paid by You will be retained by TechForward in consideration for the granting of the Option in the event that (i) the Plan is not exercised before the end of the Late Fee Period, or (ii) the Device is considered Substantially Impaired under Paragraph 8.

  • If the Device is considered to be Substantially Impaired, the Device will be considered a Rejected Device as provided in Paragraph 11.

  • The Device will not be accepted in Substantially Impaired condition and CWG will retain the Plan Fee you paid.

  • As conditions to continuation of any B Decision Pe- riod: (a) B Lenders shall reimburse A Lenders, Swap Provider, and Administrative Agent for all Expenses they paid (excluding any interest component of such Expenses, but any such unpaid interest shall remain payable under the Waterfall); (b) B Lenders shall make Cure Payments to cure all Defaults that affect the A Loan; and (c) the B Loan shall not be Substantially Impaired.

  • If a Majority of A Lenders request Administrative Agent to ob- tain an Appraisal (and agree to pay for such Appraisal as an Expense with no effect on future application of any Expense Approval Threshold) to determine whether the B Loan is Substantially Impaired, then Adminis- trative Agent shall promptly comply with such request, provided that the Majority of A Lenders made no similar request within the preceding 180 125.

  • If the Device is considered to be Substantially Impaired, the Device will be considered Rejected Device as provided in Paragraph 9.

  • The Device will not be accepted in Substantially Impaired condition and TechForward will retain the Service Fee You paid.


More Definitions of Substantially impaired

Substantially impaired means just that. You would have to conclude that his abnormality of mind was a real cause of the defendant’s conduct. The defendant need not prove that his condition was the sole cause of it but he must show that it was more than a merely trivial one which made no real or appreciable difference to his ability to control himself.”It is preferable, depending on the particular case, to give a simple direction such as was given in Lloyd. If it is necessary, either in the summing-up or in answer to any request for a redirection to descend into further explanation, then Jutting is an appropriate model. The jury will be faced with psychiatric evidence which may be complicated. No doubt the psychiatrists will identify the alleged abnormality of mind and the particular capacity which is said to be substantially impaired. It is necessary to fashion a direction identifying the abnormality of mindand the mental capacity which is relevant to the case, direct the jury to the relevant evidence and any particular issues that fall from the medical evidence – see RPS v The Queen (2000) 199 CLR 620 and R v Mogg (2000) 112 A Crim R 417 at [54]. Suggested Direction: Diminished responsibility is a partial defence to murder in that if diminished responsibility is established the accused is not guilty of murder but is guilty of manslaughter.Diminished responsibility only arises for your consideration if you are satisfied beyond reasonable doubt of all of the four elements of murder which, as I have already directed you are that:
Substantially impaired or “Substantial Impairment”81 means a hy- pothetical status of the B Loan that Administrative Agent shall determine as follows. Administrative Agent shall hypothetically sell all Collateral (in- cluding all Substantial Impairment Prevention Collateral timely delivered to Administrative Agent) at its fair market value.82 For that purpose, Ad-
Substantially impaired means just that. You would have to conclude that his abnormality of mind was a real cause of the defendant’s conduct. The defendant need not prove that his condition was the sole cause of it but he must show that it was more than a merely trivial one which made no real or appreciable difference to his ability to control himself.”[37] Section 304A creates the relationship between the abnormality of mind and the murder because, to establish the deficiency the accused must show that the abnormality of mind affected the accused’s ability to think in relation to the killing act or omission, in the sense that in the case of each “capacity” the impairment must be shown to bear upon the accused’s ability to “understand what the person is doing” or “control the person’s actions” or to “know that the person ought not to do the act”.[38] The duty of a trial judge in summing up a case to a jury includes instructing the jury on the onus and burden of proof and “identify[ing] the issues in the case and relat[ing] the law to those issues”.24 It is for the jury to determine whether any impairment is substantial.25 What assistance is to be given to a jury in its consideration of that issue will vary with each case.[39] In my view, it was necessary in this case for the learned trial judge to direct the jury that, to show that the accused was not guilty of murder but only guilty of manslaughter, the appellant had to prove, on the balance of probabilities, that:

Related to Substantially impaired

  • Substantially similar means substantially similar in function or capability or otherwise competitive to the products or services being developed, manufactured or sold by the Company during and/or at the end of Executive’s employment, or are marketed to substantially the same type of user or customer as that to which the products and services of the Company are marketed or proposed to be marketed.

  • Materially Impair means any amendment to the terms of the Award that materially adversely affects the Participant’s rights under the Award. A Participant’s rights under an Award will not be deemed to have been Materially Impaired by any such amendment if the Board, in its sole discretion, determines that the amendment, taken as a whole, does not materially impair the Participant’s rights. For example, the following types of amendments to the terms of an Award do not Materially Impair the Participant’s rights under the Award: (i) imposition of reasonable restrictions on the minimum number of shares subject to an Option that may be exercised, (ii) to maintain the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iii) to change the terms of an Incentive Stock Option in a manner that disqualifies, impairs or otherwise affects the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iv) to clarify the manner of exemption from, or to bring the Award into compliance with or qualify it for an exemption from, Section 409A; or (v) to comply with other Applicable Laws.

  • Substantially limits means the extent to which the impairment limits an individual’s ability to perform a major life activity as compared to most people in the general population, whether or not an individual chooses to forgo mitigating measures. 42 U.S.C. 126 §12102(4); 28 CFR §35.108(d); 28 CFR §35.105(d) The rules of construction when determining whether an impairment substantially limits performance of a major life activity include:

  • Acutely mentally ill means a condition which is limited to a

  • Mentally ill means having a mental illness.

  • Substantially Completed shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 10 business days of the lapse of such 270 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect; provided that Tenant will have a second right to terminate this Lease in the event Landlord has still not Delivered the Premises within 365 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, which right will be exercisable for a period of 10 business days after such 365 day period. The “Commencement Date” shall be the earlier of: (i) the date Landlord Delivers the Premises to Tenant; or (ii) the date Landlord could have Delivered the Premises but for Tenant Delays. Notwithstanding anything to the contrary contained in this Lease, but provided Tenant is not in Default hereunder, Landlord hereby grants Tenant an abatement of the Base Rent payable during the period beginning on the Commencement Date and ending 10 months after the Commencement Date (“Base Rent Abatement”). Subject to the terms of Section 3(a) below, the first day of the 11th month after the Commencement Date shall be the “Rent Commencement Date.” In the event Landlord Delivers the Premises to Tenant more than 180 days after the Target Commencement Date (as extended for Force Majeure delays and Tenant Delays), the period of Base Rent Abatement and the Rent Commencement Date (and all subsequent rent increase dates) will be extended by an equivalent number of days that Delivery is delayed beyond the Target Commencement Date. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease and any Extension Terms which Tenant may elect pursuant to Section 39 hereof. Except as set forth in the Work Letter or otherwise expressly set forth in this Lease: (i) Tenant shall accept the Premises in their condition as of the Commencement Date with all Landlord’s Work Substantially Complete; (ii) Landlord shall have no liability for any defects in the Premises, except as set forth herein or in the Work Letter; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Tenant will not be permitted occupancy of the Premises prior to the date upon which the Premises are Delivered to Tenant with Landlord’s Work Substantially Completed. Except as otherwise expressly set forth in this Lease (including the Work Letter), Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease (including all exhibits attached hereto and any side letters entered into by and between Landlord and Tenant in connection with this Lease) constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein.

  • Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

  • Biologically-based mental illness means schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, and panic disorder, as these terms are defined in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association.

  • Substantially Complete or “Substantial Completion” shall mean that (a) the Base Building Improvements that are required to permit Tenant to enter the Premises for purposes of performing the Tenant Improvement have been completed in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenant’s ability to commence the Tenant Improvement Work and (b) Tenant is legally permitted to enter the Premises for purposes of performing the Tenant Improvement Work. Landlord and Tenant shall then arrange a mutually convenient time, no later than ten (10) Business Days after the anticipated Substantial Completion Date specified in Landlord’s notice, for Tenant and/or Tenant’s Architect (as defined below) and Landlord and/or Landlord’s Architect to conduct a walk-through inspection of the Base Building Improvements. During the inspection, Landlord’s Architect shall compile a punchlist of items yet to be completed. If Tenant or Tenant’s Architect shall fail to inspect the Base Building Improvements within ten (10) Business Days after the Substantial Completion Date specified in Landlord’s notice, the Base Building Improvements shall be deemed completed and satisfactory in all respects, and the Substantial Completion Date shall be the date set forth in Landlord’s notice. Landlord shall use commercially reasonable efforts to cause the remaining Base Building Improvements to have been completed on or before the Term Commencement Date in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenant’s ability to occupy the Premises to commence the Tenant Improvement Work

  • Physically incapacitated means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.

  • Medically incapacitated means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

  • Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause. S.C. Code Ann. § 16-3-651(f).

  • Substantially relates means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Substantial rehabilitation means, with respect to the SAIL Program, to bring a Development back to its original state with added improvements, where the value of such repairs or improvements (excluding the costs of acquiring or moving a structure) exceeds 40 percent of the appraised as is value (excluding land) of such Development before repair and less than 50 percent of the proposed construction work consists of new construction. For purposes of this definition, the value of the repairs or improvements means the Development Cost. To be considered “Substantial Rehabilitation,” there must be at least the foundations remaining from the previous structures, suitable to support the proposed construction.

  • Substantially Equal means that the successful bid is within two percent (2%) of the next lowest responsible bid. However, the bids shall not be substantially equal where the two percent difference is equal to or greater than Ten Thousand Dollars ($10,000.00).

  • Substantial bodily injury means "bodily injury which involves (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty." See 18 U.S.C. § 113(b)(1).

  • Substantial Block means a number of shares of Voting Stock which have 10% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Materially Damaged means damage which, in Seller's reasonable estimation, exceeds $500,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.

  • Substantial action means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within 1 year and to refrain from any new business operations.

  • Home improvement means the remodeling, altering,

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Substantial Owner means any person or persons who own or hold a twenty-five percent (25%) or more percentage of interest in any business entity seeking a FPDCC Privilege, including those shareholders, general or limited partners, beneficiaries and principals; except where a business entity is an individual or sole proprietorship, Substantial Owner means that individual or sole proprietor.

  • Substantially all means a sale, lease, exchange or other transfer involving seventy percent (70%) or more of the fair market value of the assets of such entity; or

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • Developmentally disabled person means a person who has a disability defined in RCW 71A.10.020. RCW 26.44.020