Evidentiary standard Sample Clauses

Evidentiary standard. The default evidentiary standard is a preponder- ance of the evidence.
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Evidentiary standard. For purposes of ascertaining breach and AFK’s remedies, and due to the unique nature of AFK’s School Assembly Business, Employee understands and agrees that proof of diversion of AFK’s School Assembly Business in violation of this Agreement, including Sections 6-9, shall be sufficient upon showing: (i) that unauthorized disclosure of AFK Confidential Information or disparagement was made by Employee or Employee’s new employer or business associate or reasonably originated therefrom; or (ii) that the Customer or person is serviced by Employee or Employee’s new employer or business associate, or serviced by any competitor for reasons which reasonably appear to AFK to be in whole or in part caused by Employee’s conduct in breach of this Agreement.
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Evidentiary standard. At the hearing, the parties may offer such evidence as is relevant and material to the dispute and shall produce such additional evidence as the panel may deem necessary to the determination of the dispute. The failure or refusal to adduce additional evidence which is within the control of a party may be taken into account by the panel, in its sole discretion, in rendering its final decision. It is specifically agreed by the parties that they and the arbitrators may use and rely upon evidence that would typically be relied upon by a lawyer rendering an infringement opinion for a client.
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Evidentiary standard. Priority may be proved by a preponderance of the evidence except a party must prove pri- ority by clear and convincing evidence if the date of its earliest constructive reduction to practice is after the issue date of an involved patent or the publi- cation date under 35 U.S.C. 122(b) of an involved application or patent.
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Related to Evidentiary standard

  • Minimum Necessary Standard Business Associate shall apply the HIPAA Minimum Necessary standard to any Use or disclosure of PHI necessary to achieve the purposes of this Contract. See 45 CFR 164.514 (d)(2) through (d)(5).

  • Industry Standards Supplier will implement appropriate technical and organizational security measures that comply with Industry Standards in all applicable goods, services, equipment, software systems and platforms that Supplier uses to access, process and/or store Accenture Data. “Industry Standards” means security measures that are commercially reasonable in the information technology industry and that are designed to ensure the security, integrity, and confidentiality of Accenture Data, and to protect against Security Incidents.

  • Design Criteria and Standards All Projects/Services shall be performed in accordance with instructions, criteria and standards set forth by the Director.

  • Notice and Evidentiary Requirements The employee will give his or her employer notice as soon as reasonably practicable of their request to take leave under this clause.

  • EXPRESS CONDITIONS A. The Employee will not receive compensation until they begin contracted service for the Board. B. Regardless of any board policy or term of this contract, the Board may, with two (2) weeks’ notice, lay-off or furlough the Employee with or without benefits and/or salary should the Board determine, in its sole discretion that exigent economic circumstances exist or that such a lay- off or furlough is in the best interests of the College. The Employee may be laid-off or furloughed to part-time status. If the Employee is laid off or furloughed to part-time status, the Employee will be paid salary pro rata, based on the Employee’s full-time salary. For Employees laid-off or furloughed to part-time status, the Board will determine whether benefits will be granted on a pro rata basis or continued in full for the duration of the lay-off or furlough. C. The Employee’s employment may be terminated with cause, or whenever in the discretion and judgment of the President or designee, if the Employee has failed to meet the performance expectations or productivity goals set by the College, including, but not limited to, income generating goals.