Enabling Legislation Clause Samples
The Enabling Legislation clause identifies and references the specific laws or statutes that grant authority for the agreement or contract to be executed. In practice, this clause cites the relevant legislative acts or legal provisions that empower the parties—often governmental bodies or public entities—to enter into the contract. By clearly stating the legal basis for the agreement, the clause ensures that all parties have the necessary authority to act, thereby preventing challenges to the contract’s validity and ensuring compliance with applicable law.
Enabling Legislation. By virtue of Title 4 of the Transportation Article of the Annotated Code of Maryland, as amended (the “Enabling Legislation”), the MDTA, acting on behalf of the Department of Transportation of Maryland, is authorized and empowered:
Enabling Legislation. The State and Local Governments commit to cooperate in drafting and promoting the passage of legislation necessary to effectuate this agreement.
Enabling Legislation. The Federal Emergency Management Agency estab- lished and operated the System under the authority of §§ 303, 306(a), 306(b), 403(a)(3)(B) and 621(c) of the ▇▇▇▇▇▇▇▇ Act, 42 U.S.C. 5144, 5149(a), 5149(b), 5170b(a)(3)(B) and 5197(c), respectively. Section 503 of the Homeland Security Act of 2002, 6 U.S.C. 313, transferred the functions of the Administrator of FEMA to the Secretary of Homeland Security. The President redelegated to the Secretary of Homeland Security in Executive Order 13286 those authorities of the President under the ▇▇▇▇▇▇▇▇ Act that had been delegated previously to the Administrator of FEMA under Ex- ecutive Order 12148.
Enabling Legislation. All parties mutually agree to comply with all applicable federal and state laws and administrative rules including, without limitation:
(a) The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g;
(b) Title 34 CFR Part 99 - Family Educational Rights and Privacy Act Regulations;
(c) Section 943.0525, Florida Statutes, - Criminal justice information systems; use by state and local agencies;
(d) Section 985.04(1), (4) (a), (b), (c), (d), Florida Statutes, - Oaths, records and confidential information;
(e) Section 1002.22(2), Florida Statutes, - Education records and reports of K-12 students; rights of parents and students; notification; penalty;
(f) Section 1002.221, Florida Statutes, K-12 Education Records; public records exemption;
(g) Section 1003.53(6) Florida Statutes – Dropout prevention and academic intervention;
(h) Section 1006.13(6)(b), Florida Statutes, – Establishing guidelines ensuring any no contact order is reported and enforced and necessary steps are taken to protect victim.
Enabling Legislation. It is understood and agreed that each participating entity shall enact an ordinance or other enabling legislation, which shall give the Program full legal status within the jurisdiction of the community. Such enabling legislation shall incorporate the requirements of this Agreement, the permit, and the regulations and operating procedures established for the Program and the Management Committee. The terms and conditions of the enabling legislation shall, to the maximum extent possible, be uniform for all participating communities.
Enabling Legislation. The legislation attached hereto as Exhibit I (the “Enabling Legislation”) adopted by the California Legislature and approved by the Governor of the State of California authorizes the State to enter into this Amendment. The Enabling Legislation shall be deemed to be a part of this Amendment and is hereby incorporated herein by reference.
Enabling Legislation. The legislation attached hereto as Exhibit I (the “Enabling Legislation”) adopted by the California Legislature and approved by the Governor of the State of California authorizes the State to enter into this Agreement. The Enabling Legislation shall be deemed to be a part of this Agreement and is hereby incorporated herein by reference. The Parties agree not to challenge the validity of the Enabling Legislation at any time, which agreement shall survive any termination of this Agreement pursuant to any of subsections (a) through (e) of Section 2.20. In the event that the Enabling Legislation is finally determined by the courts to be void or unconstitutional in any material respect, which determination has an adverse effect on the rights or obligations of either or both of the ARCO Parties provided for in or contemplated by this Agreement, the ARCO Parties shall have the right to terminate this Agreement by written notice given to the other Parties within 60 days after such final determination. Any such termination shall not affect the rights and liabilities of the Parties to one another with respect to this Agreement during the period prior to such termination or pursuant to this Section, which rights and liabilities shall survive such termination; provided, however, that if the ARCO Parties terminate pursuant to this provision prior to the 15th anniversary after the date of recordation of the quitclaim provided for by Article 4 (subject to extension as provided in the quitclaim) as a result of a determination of voidness or unconstitutionality, made at any time, in a lawsuit or other proceeding commenced prior to January 1, 1997, such quitclaim shall have no further force and effect as provided therein, and ARCO’s rights under Leases Nos. 308 and 309 then shall be in full force and effect notwithstanding anything in such leases or the SLC regulations to the contrary if and only if within 60 days after such termination ARCO makes a payment to the City, which shall receive and apply the payment in the same manner as provided in Section 2.11, equal to the sum of (i) 50% of the aggregate amount of the State’s Incremental Net Profits from the Program Commencement Date through the earlier of December 31, 1999 and the date of termination and (ii) 49% of the aggregate amount of the State’s Incremental Net Profits from January 1, 2000 through the date of termination (if the date of termination occurs after December 31, 1999), after adjusting for (by subtracting) A...
Enabling Legislation. Pursuant to Part 17.2 of the Municipal Government Act, or as amended, regulating Intermunicipal Collaboration, section 708.27 establishes the purpose with the purpose which reads: Purpose
Enabling Legislation. 1.2.1 The Service Provider must ensure compliance with the provisions of the enabling legislation for contracting-out the management of Prisoner escorting within Scotland that are contained in Chapter 33 of the Criminal Justice and Public Order (CJ&PO) ▇▇▇, ▇▇▇▇.
1.2.2 In addition the Service Provider shall ensure compliance with the legal framework within which Prisoner escorting and court custody operates. This is derived from a number of legislative provisions including: the Police (Scotland) Act, 1967; the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇) ▇▇▇, ▇▇▇▇; the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇) ▇▇▇, ▇▇▇▇; the Prisons (Scotland) ▇▇▇ ▇▇▇▇; the Criminal Procedures (Scotland) ▇▇▇ ▇▇▇▇; and the Mental Health (Scotland) ▇▇▇ ▇▇▇▇, (to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003) and other such legislation which may from time to time be enacted. Section 39 of the Prisons (Scotland) Act allows Scottish Ministers to establish rules for the management of Prisoners.
1.2.3 The Service Provider shall ensure compliance with the Prisons and Young Offenders Institutions (Scotland) Rules, 1994, (hereinafter referred to as the Prison Rules) which govern the management of those committed to custody. The Prison Rules are legal requirements, which the Service Provider must comply with. Associated directions may also apply, and where this is the case, the Service Provider shall ensure that the Services comply with the provisions of or any changes to the Prison Rules or associated directions issued by the Authority within the timescales stipulated by the Authority.
Enabling Legislation. The memoranda in support of §5 of Chapter 172 of the Laws of 1982 make it clear that the authorization of funding agreements (annuities without life contingencies) was intended to implement recommendation IV, 3.2 of the Report of the Executive Advisory Commission on Insurance Regulatory Reform (May 6,1982) at page 43 and specifically authorize by statute contracts that were permitted under the Department’s authority to authorize insurers to engage in activities reasonably ancillary to an insurance business pursuant to §46- a(9) (now §1714).
1. Ancillary Activity Authorized Prior To 1982. The Department had permitted insurers to issue the following ancillary agreements:
(a) Qualified Pension Plans. Prior to 1982, some plans eliminated life annuities as a distribution option to avoid burdensome and costly requirements.
(i) The qualified joint and survivor annuity required by ▇▇▇▇▇ increased administrative responsibilities.
(ii) Sex discrimination cases under Title VII of the Civil Rights Act involving the use of sex distinct annuity purchase rates could be avoided if life annuity options were not offered. See Arizona ▇.