Act 1978 Sample Clauses

Act 1978. Notwithstanding the provisions of subsections (1) and (2) of this section, where the land is subject to a notice pursuant to section 10(3) of the Land Conservation Act 1970 requiring that effect be given to a recommendation of the Land Conservation Council the Secretary may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved.
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Act 1978. For the purposes of this section ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ shall be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.
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Act 1978. The RFAs have largely been a block to the creation of formal protected areas. • 84 per cent of the reserve system was in place before the RFAs. Many of newer parks were created either outside the RFA areas, or were created due to extensive community campaigns in spite of the RFAs.
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Act 1978. In particular, an important driver for the sharing of information is the requirement under section 2C of the NHS Act for Health Boards to provide, or secure the provision of, Primary Medical Services. These Primary Medical Services are provided by GP Contractors to their Patients under a GMS Contract or PMS Agreement, the terms of which are regulated by the GMS and PMS Regulations respectively. For each GP Contractor, the legislative drivers for sharing information are set out in the GMS or PMS Regulations and reflected in their GP Contract. These Primary Medical Services include (where necessary and appropriate) the referral of Patients for other services under the NHS Act and liaison with other health care professionals involved in the treatment and care of Patients. The GMS and PMS Regulations have specific provisions which describe component types of service. Information for any of these component types may need to be shared for full service delivery. These regulatory drivers inform seven core purposes which information is processed for. These purposes can be realised by use of any or all of nine formal categories of information. Specific provisions of the GMS and PMS regulations, the core purposes, and the information categories are detailed in Appendix 2 and 3. The purpose of the Processing and of the sharing of information covered by this Agreement is to deliver NHS Services. This purpose includes, but is not limited to, the following sub-categories:
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Act 1978. All functions of health boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978, other than Section 2CB(1) and (2) (provision of a service outside Scotland); Section 17L(1) (power to enter into a general medical services contract); Section 47
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Act 1978. In accordance with the requirements of s 22 of the Act, the Governor in Council on the recommendation of the trustees or committee of management (as applicable) and by Order of [insert date] notified in the Government Gazette on [insert date] approved the grant of the lease for a term not exceeding 21 years.
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Act 1978. A notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated under s 137 of the Land ▇▇▇ ▇▇▇▇. [Drafting note: Delete Recital F if this lease is not being granted under ss 134 and 134A of the Land Act 1958.] As required by the Landlord, a notice specifying the particulars of the Land, the Permitted Use and Term of this Lease and the name of the Tenant has been published at least 14 days before the Commencement Date in the Government Gazette and in a newspaper circulating in the district in which the Land is situated. [Drafting note: This Recital only applies where the Landlord requires gazettal notwithstanding that gazettal is not a statutory requirement. Delete Recital G if the Landlord does not require gazettal.] The Landlord and the Tenant acknowledge that s 134A(2) has been satisfied. [Drafting note: Delete Recital H if this lease is not being granted under s 134A of the Land Act 1958.] The Minister has consulted with [insert name of local Council]. [Drafting note: Delete Recital I if this lease is not being granted under s134A of the Land Act 1958.] Planning Scheme [insert the applicable planning scheme] applies to the Land, and the Minister has consulted with the Minister administering the Planning and Environment ▇▇▇ ▇▇▇▇, as the responsible authority. [Drafting note: Recital J applies to leases granted under s 134A of the Land ▇▇▇ ▇▇▇▇ where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority. Delete Recital J if this is not such a lease.] Under s 51(1) of the Act, this Lease has been recommended by the land manager under the Act. [Drafting note: Delete Recital K if this lease is not being granted under s 51(1) of the Forests Act 1958.] Under s 51(2) of the Act, the Minister is satisfied that: the proposed use, development, improvements and/or works that are specified in this Lease are of a substantial nature and of a value that justifies the Term; and the Term is in the public interest. [Drafting note: Delete Recital L if this lease is not being granted under s 51(2) of the Forests Act 1958.] The Tenant is a Carrier and wishes to use the Premises for the Permitted Use under and in accordance with the Telecommunications Act. The Landlord has a...
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Act 1978. In accordance with the requirements of s 17C of the Act: immediately before the commencement of the Act, the Premises were used for the Permitted Use, being a purpose other than for which the Land is reserved; and the trustees, committee of management or Director-General of Conservation, Forests and Lands or a person authorized by such Director-General (as applicable and as per the Act) has certified before the expiration of one year after the commencement of the Act that the habitual use had taken place immediately before the commencement of the Act.
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Act 1978. The Landlord is appointed to manage the Land in its capacity as a cemetery trust under s 8 of the Cemeteries and Crematoria Act 2003. Subject to the approval of the Minister, the Landlord has power to grant a lease of the Land for a term not exceeding 21 years pursuant to s 37 of the Cemeteries and Crematoria Act 2003. The Landlord, with the approval of the Minister, has agreed to grant to the Tenant a lease to use the Premises in accordance with the terms and conditions set out in this document.
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Related to Act 1978

  • Fraudulent Conveyance Borrower (a) has not entered into the Loan or any Loan Document with the actual intent to hinder, delay, or defraud any creditor and (b) received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed Borrower’s total liabilities, including, without limitation, subordinated, unliquidated, disputed or contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the execution and delivery of the Loan Documents, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities or its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the execution and delivery of the Loan Documents will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur debts and liabilities (including, without limitation, contingent liabilities and other commitments) beyond its ability to pay such debts as they mature (taking into account the timing and amounts to be payable on or in respect of obligations of Borrower).

  • No Fraudulent Conveyance No sale or contribution hereunder constitutes a fraudulent transfer or conveyance under any United States federal or applicable state bankruptcy or insolvency laws or is otherwise void or voidable under such or similar laws or principles or for any other reason.

  • et seq If MPS determines that Contractor has disclosed any student record information in violation of either federal or state law, without prejudice to any other rights or remedies the MPS may have, MPS shall be entitled to immediately terminate this and every other existing Contract without further liability. Moreover, MPS may bar Contractor from future MPS contracts for varying periods up to and including permanent debarment.

  • Solvency; Fraudulent Conveyance CAC is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. CAC does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. CAC does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official to manage or control any of its assets. The amount of consideration being received by CAC upon the sale or other absolute transfer of the Conveyed Property to Funding constitutes reasonably equivalent value and fair consideration for the Conveyed Property. CAC is not transferring the Conveyed Property to Funding with any intent to hinder, delay or defraud any of its creditors.

  • Section 504 of the Rehabilitation Act of 1973 Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.