Disqualification Clause Samples

The Disqualification clause defines the circumstances under which a party may be deemed ineligible to participate in a contract, agreement, or specific activity. Typically, this clause outlines specific criteria or actions—such as breaches of law, conflicts of interest, or failure to meet certain standards—that would result in a party's disqualification. For example, a contractor might be disqualified from bidding if they have a history of fraud or non-compliance with regulations. The core function of this clause is to protect the integrity of the agreement or process by ensuring that only qualified and compliant parties are allowed to participate, thereby reducing risk and maintaining fairness.
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Disqualification. The Manager shall immediately notify the Trustees of the occurrence of any event which would disqualify the Manager from serving as an investment adviser of an investment company pursuant to Section 9(a) of the Investment Company Act or any other applicable statute or regulation.
Disqualification. The Adviser shall immediately notify the Trustees of the occurrence of any event which would disqualify the Adviser from serving as an investment adviser of an investment company pursuant to Section 9 of the 1940 Act or any other applicable statute or regulation.
Disqualification. The fact that any member of the Committee is a Director, shareholder or officer of a Company or a Participant or Beneficiary shall not disqualify him from doing any act or thing which this Plan authorizes or requires him to do as a member of the Committee (except as otherwise provided in Section 7.3) or render him accountable for any allowance or distribution or other pecuniary or material profit or advantage received by him.
Disqualification. The Adviser shall immediately notify the Board of the occurrence of any event which would disqualify the Adviser from serving as an investment adviser of an investment company pursuant to Section 9 of the 1940 Act or any other applicable statute or regulation.
Disqualification. No executive officer, member of the Board of Directors of the Company or shareholder of the Company beneficially owning more than 10% of the Company’s securities is currently subject to a Disqualifying Event. For purposes of this Agreement, “Disqualifying Event” means any conviction, order, judgment, decree, suspension, expulsion, event or other matter set out in Rule 506(d)(1)(i) through (viii) of Regulation D that is currently in effect or which occurred within the periods set out in Rule 506(d)(1)(i) through (viii).
Disqualification. Board Member represents and warrants to the company that Board Member does not have any “bad actor” disqualification set forth in Rule 506 (d) of Regulation D under the Securities Act of 1933. Board Member acknowledges that Board Member’s representation set forth in this Section 9.3 was a condition precedent to the Company entering into this Agreement. The Board Member further agrees to complete a Director and Officer Insurance Questionnaire upon request in a timely manner for review and acceptance by the Company. The Board Member further understands completion and acceptance of the Director and Officer Insurance Questionnaire in a timely manner with truthful data is a condition of this this agreement.
Disqualification. The failure of either the Employer Qualified Plan portion or the Deemed IRA portion of the Plan to satisfy the applicable qualification rules of each will not cause the other portion to be automatically disqualified, provided the Deemed IRA portion and the Qualified Plan portion are maintained as separate Trusts (or separate annuity contracts, as required in the case of a Deemed IRA annuity). If both the Deemed IRA portion and the Qualified Plan portion are included in separate Trusts, and the Qualified Plan is disqualified, the IRA portion will not be considered a Deemed IRA under Code Section 408(a), but it will not fail to satisfy the applicable requirements of Code Sections 408 or 408(A) if it satisfies the applicable requirements of those sections, including, with respect to individual retirement accounts the requirements of Code Section 408(a)(5) with regard to commingling of assets. If the IRA assets and the non-IRA assets have been commingled [except in a common trust fund or common investment fund as permitted by Code Section 408(a)(5)], the IRA portion will fail to satisfy the requirements of Code Section 408(a). Additionally, if the IRA assets and the non-IRA assets are commingled [except as permitted by Code Section 408(a)(5)] and the IRA is disqualified, the Employer’s Plan will also be disqualified.
Disqualification. Applicants may be disqualified during an examination by the Personnel Officer for any of the reasons listed in Section 45200 of the Government Code of the State of California and the following: (a) Possession of unauthorized materials, devices or anything of use or assistance in the examination; (b) Copying the work of another applicant or reviewing examination sheets prior to commencement of the examination; (c) Arrival at the place of examination after the starting time.
Disqualification. Neither Holder, nor any person or entity with whom Holder shares beneficial ownership of Company securities, is subject to any of the “Bad Actor” disqualifications described in Rule 506(d)(l)(i) to (viii) under the Act.
Disqualification. An employee laid off as defined in this Section who has not elected in writing to accept severance payment shall be disqualified from receiving such payment under the following conditions: (1) If the employee is deceased. (2) If the employee is hired for any position by an Employer: a. If such employment requires a probationary period, upon successful completion of such period. b. If no probationary period is required, upon date of hire. c. If a probationary period is required and the employee does not successfully complete such required probationary period and is therefore separated, such time of employment shall be bridged for purposes of the time limits in Subsection C above. (3) An employee who refuses recall to or new State employment hiring within a seventy five (75) miles radius of the Agency from which he/she was laid off. (4) An employee permanently recalled to another job in State Government.