FUNCTIONS OF THE AUTHORITY Sample Clauses

The "Functions of the Authority" clause defines the specific powers, duties, and responsibilities assigned to the governing body or regulatory authority under an agreement or statute. Typically, this clause outlines the scope of the authority’s role, such as overseeing compliance, issuing directives, granting approvals, or managing certain processes relevant to the agreement. By clearly delineating what the authority can and cannot do, this clause ensures clarity for all parties and helps prevent disputes over jurisdiction or responsibility.
FUNCTIONS OF THE AUTHORITY. A. The Authority is established for the purposes of administering this Agreement, pursuant to the provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation and maintenance of a Joint Program for Workers’ Compensation coverage for the public educational agencies who are Members thereof, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding such program. B. The functions of the Authority are: (1) To provide each member a Joint Program and system, for Workers’ Compensation coverage for Workers’ Compensation claims against the Members of the Authority in accordance with the Authority’s Memorandum of Coverage and as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal representation, safety engineering, and other services as necessary for the payment and handling of all Workers’ Compensation claims against Members. (2) To pursue the Member’s right of Subrogation against a third party when in the discretion of the Authority the same is appropriate. Any and all proceeds resulting from the assertion of such Subrogation rights shall accrue to the benefit of the Authority.
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FUNCTIONS OF THE AUTHORITY. 1. To provide a self-insurance plan and system for workers' compensation, liability, property damage, fire damage, medical, dental and vision claims, and any other risk or plan on behalf of the Members of the AUTHORITY and as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal representation, safety engineering, health education and other services as necessary for the payment and handling of all workers' compensation, liability, property damage, fire damage, medical, dental and vision claims, or any other risk or plan on behalf of Members as required by State law. Said payment and handling for any Member shall be for all workers' compensation, liability, property damage, fire damage, medical, dental, and vision claims filed and arising out of facts occurring during the period of membership in the AUTHORITY. The AUTHORITY shall not pay or handle for a Member any claims which arise out of facts occurring before membership or after termination of membership in this AUTHORITY except as otherwise provided in this Agreement. 2. Upon joining a plan, subplan or program and upon payment of the appropriate contribution by each Member, the AUTHORITY shall issue to each Member a Memorandum of Risk Coverage and Services indicating the risk coverage provided to the Member by the AUTHORITY for each plan, subplan or program and the exchange of services, if any, between the Member and the AUTHORITY. Each Memorandum begins for each Member on such date as is set forth in the Memorandum. 3. To pursue any Member's right of subrogation against a third party when same is appropriate following generally accepted claims administration policies and procedures. Any and all proceeds in excess of costs and liability resulting from the assertion of such subrogation rights shall accrue to the benefit of the Member District against which the claim is charged. 4. To enter into contracts. 5. To obtain excess coverage insurance over the self-funded portion in an amount to be determined by the AUTHORITY. 6. To require the Agency to act as employer of approved personnel positions, acquire, hold, and dispose of property, real and personal, employ personnel and operate and maintain a system to handle the plans, all for the purpose of providing the membership with the necessary education, study, development, operation, management, and implementation of a self-insurance program for workers' compensation, liability, property ...
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FUNCTIONS OF THE AUTHORITY. 4.1 The functions of the Authority are: 4.1.1 To provide on behalf of the members of the Authority a plan and system for any risk or peril and any program authorized by law and deemed practical by the Board of Directors and, as such, to perform, or contract for the performance of financial, administration, policy formulation, claims servicing, legal representation, safety engineering, health education, and other services as necessary or appropriate for the administrative functions for each Program approved by the Board of Directors. 4.1.2 To provide risk pooling through independent Programs for such risks or perils as the Board of Directors determines are in the best interest of the Authority and are permitted by law. 4.1.3 To pursue any member's right of subrogation against a third party when in the discretion of the Board of Directors such action is appropriate. Any recovery resulting from pursuing a subrogation claim after "stop-losses" are repaid will be divided between the Authority and the Member against which the underlying claim was charged, in proportion to each authorized payment made toward resolution of the underlying claim. 4.1.4 To make and enter into contracts. 4.1.5 To acquire, hold or dispose of real and personal property in the name of the Authority. 4.1.6 To incur debts, liabilities and obligations, including but not limited to issuing bonds as allowed by law, necessary to accomplish the purposes of the Agreement. 4.1.7 To receive gifts, contributions, and donations of property, funds, services, or other forms of assistance from members, firms, persons, corporations, associations, and any other governmental entity in accordance with existing laws. 4.1.8 To invest surplus funds as permitted by law. 4.1.9 To acquire, construct, manage, maintain and operate buildings. 4.1.10 To sue and be sued in the name of the Authority. 4.1.11 To maintain accurate case records for all covered risks, and accurate records of all claims paid. 4.1.12 To join joint powers authorities to provide services or coverage to this Authority. 4.1.13 To lease real or personal property, including that of a Member. 4.1.14 To employ staff to perform the functions of the Authority. 4.1.15 To perform such other functions as may be necessary or appropriate to carry out the Agreement, so long as such other functions so performed are not prohibited by any provision of law and are not otherwise inconsistent with this Agreement or the Bylaws.
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FUNCTIONS OF THE AUTHORITY. A. The Authority is established for the purposes of administering this Agreement, pursuant to the Joint Powers provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation, and maintenance of a joint group program for “Workers’ Compensation Excess” to benefit the “Members”, and to provide a forum for discussion, study, development, and implementation of recommendations of mutual interest regarding other joint programs.
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FUNCTIONS OF THE AUTHORITY. (a) The Authority is established for the purposes of administering this Agreement, pursuant to the joint powers provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation and maintenance of a cooperative business services program for the public educational agencies who are members thereof. (b) The functions of the Authority are: (1) To provide a cooperative business services program and system for business services for the members of the Authority and as such, to perform the financial administration and fiscal service including, but not limited to budget preparation, budget administration, fiscal monitoring, payroll services, accounts payable and receivable services, and report compilation. (2) To enter into contracts related to the functions of a business office. (3) To acquire, hold, and dispose of personal property. (4) To incur debts, liabilities, and obligations for such items as salaries, taxes supplies, utilities, equipment, rent and contracted services related to the functions of a cooperative business office. (5) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, associations, and any governmental entity that would relate to the purpose of this agreement. (6) To employ and dismiss personnel. (7) To ▇▇▇ and be sued in the name of the Authority. (8) To perform such other functions as may be necessary or appropriated to carry out this Agreement, so long as such other functions so performed are not prohibited by any provision of law. (9) To establish a prudent reserve for economic uncertainties.
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FUNCTIONS OF THE AUTHORITY. (a) The Authority is established for the purposes of administering this Agreement, pursuant to the Joint Powers provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation and maintenance of a joint program for liability and property damage claims against the members of the public agencies who are members thereof, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding other joint programs. (b) The functions of the Authority are: (1) To provide a joint program and system, as stated in the memorandum of coverage an given to each member, for liability and property damage claims against the members of the Authority and as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal representation, safety engineering, and other development as necessary for the payment and handling of all liability and property damage protection claims against members. Said payment and handling for any member shall be for all liability and property damage claims filed and arising out of facts occurring during the period of membership in the Authority. The Authority shall not pay or handle for a member any liability and property damage protection claims which arise out of facts occurring before membership or after termination of membership in this Authority. (2) To pursue any member's right of subrogation against a third party when in the discretion of the Board of Directors the same is appropriate. Any and all proceeds resulting from the assertion of such subrogation rights shall accrue to the benefit of the member against which the claim is charged. (3) To enter into contracts. (4) To obtain appropriate insurance coverage as determined by the Board of Directors. (5) To acquire, hold, and dispose of property, real and personal, all for the purpose of providing the membership with the necessary education, study, development, and implementation of a joint program, for liability and property protection including, but not limited to, the acquisition of facilities and equipment necessary, the employment of personnel, and the operation and maintenance of a system for the handling of the joint program. (6) To incur debts, liabilities, and obligations necessary to accomplish the purposes of this Agreement. (7) To receive gifts, contributions, and donations of proper...
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FUNCTIONS OF THE AUTHORITY. If, after a period which appears to the Authority to be reasonable for the purpose, the licensee has failed to enter into an agreement with any person entitled or claiming to be entitled thereto pursuant to a request under standard condition 53B (Requirement to Offer Terms for Top-up and Standby, Exempt Supply Services and Prepayment Meter Services), the Authority may, on the application of such person or the licensee, settle any terms of the agreement in dispute between the licensee and that person in such manner as appears to the Authority to be reasonable having (in so far as relevant) regard in particular to the following considerations:
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FUNCTIONS OF THE AUTHORITY. 4.1 The functions of the Authority are: 4.1.1 To provide on behalf of the Members of the Authority a self- insurance, i.e., permissibly uninsured, plan and system for any risk or peril and any program authorized by law and deemed practical by the Board of Directors and as such, to perform, or contract for the performance of, financial, administration, policy formulation, loss servicing, legal representation, safety engineering, health education and other services as necessary or appropriate for the payment and handling of all claims of loss, and the performance of all administrative functions, for each program approved by the Board of Directors. 4.1.2 To provide risk pooling through independent programs for such risks or perils as the Board of Directors determines are in the best interest of the Authority and are permitted by law. 4.1.3 To pursue any member’s right of subrogation against a third party when in the discretion of the Board of Directors such action is appropriate. Any recovery resulting from pursuing a subrogation claim shall be divided between the Authority and member district against which the underlying loss was charged in proportion to each authorized payment made toward resolution of the underlying loss. 4.1.4 To make and enter into contracts. 4.1.5 To acquire, hold or dispose of real and personal property in the name of the Authority. 4.1.6 To incur debts, liabilities and obligations, including but not limited to issuing bonds as allowed by law, necessary to accomplish the purposes of the Agreement. 4.1.7 To receive gifts, contributions, and donations of property, funds, services, or other forms of assistance from members, firms, persons, corporations, associations, and any other governmental entity in accordance with existing laws. 4.1.8 To invest surplus funds as permitted by law. 4.1.9 To acquire, construct, manage, maintain and operate buildings. 4.1.10 To ▇▇▇ and be sued in the name of the Authority. 4.1.11 To maintain accurate case records for all covered risks and accurate records of all losses paid. this Authority. 4.1.12 To join joint powers authorities to provide services or coverage to 4.1.13 To lease real or personal property, including that of a Member. 4.1.14 To employ staff to perform the functions of the Authority. 4.1.15 To perform such other functions as may be necessary or appropriate to carry out the Agreement, so long as such other functions so performed are not prohibited by any provision of law and are not otherwis...
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FUNCTIONS OF THE AUTHORITY. 4.1 The functions of the Authority are: 4.1.1 To provide on behalf of the members of the Authority a self-funded plan and system for any risk or peril and any program authorized by law and deemed practical by the Board of Directors and, as such, to perform, or contract for the performance of financial, administration, policy formulation, claims servicing, legal representation, safety engineering, health education, and other services as necessary or appropriate for the administrative functions for each Program approved by the Board of Directors. 4.1.2 To provide self-funded risk pooling through independent Programs for such risks or perils as the Board of Directors determines are in the best interest of the Authority and are permitted by law. 4.1.3 To pursue any member's right of subrogation against a third party when in the discretion of the Board of Directors such action is appropriate. Any recovery resulting from pursuing a subrogation claim after "stop-losses" are repaid will be divided between the Authority and the Member against which the underlying claim was charged, in proportion to each authorized payment made toward resolution of the underlying claim. 4.1.4 To make and enter into contracts. 4.1.5 To acquire, hold or dispose of real and personal property in the name of the Authority. 4.1.6 To incur debts, liabilities and obligations, including but not limited to issuing bonds as allowed by law, necessary to accomplish the purposes of the Agreement. 4.1.7 To receive gifts, contributions, and donations of property, funds, services, or other forms of assistance from members, firms, persons, corporations, associations, and any other governmental entity in accordance with existing laws. 4.1.8 To invest surplus funds as permitted by law. 4.1.9 To acquire, construct, manage, maintain and operate buildings. 926634.4 10250.1 4.1.10 To sue and be sued in the name of the Authority.‌ 4.1.11 To maintain accurate case records for all covered risks, and accurate records of all claims paid. 4.1.12 To join joint powers authorities to provide services or coverage to this Authority. 4.1.13 To lease real or personal property, including that of a Member. 4.1.14 To employ staff to perform the functions of the Authority. 4.1.15 To perform such other functions as may be necessary or appropriate to carry out the Agreement, so long as such other functions so performed are not prohibited by any provision of law and are not otherwise inconsistent with this Agreement or the Byl...
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Related to FUNCTIONS OF THE AUTHORITY

  • Obligations of the Authority (i) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. (ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for testing of the completed Works. (iii) The Authority shall, upon submission of the Performance Security as per the RFP by the Contractor, shall provide to the Contractor: (a) No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total length of the Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 1( One) kilometre. (b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over- bridges/ under- bridges at level crossings on the Project Highway in accordance with the Specifications and Standards, and subject to the terms and conditions specified in such approval, within a period of 60 (sixty) days from the Appointed Date, and reimbursement of all the costs and expenses paid by the Contractor to the railway authorities for and in respect of the road over- bridges/ under bridges; and7 (c) all environmental clearances as required under Clause 4.3.8 (iv) Delay in providing the Right of Way or approval of GAD by railway authorities, as the case may be, in accordance with the provisions of Clause 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over-bridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 2 (two) kilometre for each such road over-bridge/ under-bridge.

  • Obligations of the Adviser (a) The Adviser shall provide (or cause the Fund’s Custodian (as defined in Section 5 hereof, the Fund’s accountant and the Fund’s distributor) to provide) timely information to the Sub-Adviser regarding such matters as the composition of the Sub-Advised Assets, cash requirements and cash available for investment in the Sub-Advised Assets, and all other information as may be reasonably necessary for the Sub-Adviser to perform its responsibilities hereunder. (b) The Adviser has furnished the Sub-Adviser with a copy of the prospectus and statement of additional information of the Fund and it agrees during the continuance of this Agreement to furnish the Sub-Adviser copies of any revisions or supplements thereto at, or, if practicable, before the time the revisions or supplements become effective. The Adviser agrees to furnish the Sub-Adviser with copies of any financial statements or reports made by the Fund to its shareholders, and any further materials or information that the Sub-Adviser may reasonably request to enable it to perform its functions under this Agreement.

  • Obligations of the Academy Trust The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State’s consent.

  • Representations of the Adviser 4.1. The Adviser has all requisite power and authority to enter into and perform its obligations under this Agreement, and has taken all necessary corporate action to authorize its execution, delivery and performance of this Agreement. 4.2. The Adviser is registered as an investment adviser under the Advisers Act. None of the Adviser, its affiliates, or any officer, manager, partner or employee of the Adviser or its affiliates is subject to any event set forth in Section 9 of the 1940 Act that would disqualify the Adviser from acting as an investment adviser to an investment company under the 1940 Act. The Adviser will promptly notify the Sub-Adviser upon the Adviser’s discovery of an occurrence of any event that would disqualify the Adviser from serving as an investment adviser of an investment company pursuant to Section 9(a) of the 1940 Act or otherwise. The Adviser agrees to comply with the requirements of the 1940 Act, the Advisers Act, the 1933 Act, the Securities Exchange Act of 1934, as amended, the Commodity Exchange Act and the rules and regulations thereunder, as applicable, as well all other applicable federal and state laws, rules, regulations and case law that relate to the Adviser’s services described hereunder and the to the conduct of its business as a registered investment adviser and to maintain all licenses and registrations necessary to perform its duties hereunder in good order. The Adviser shall maintain compliance procedures that it reasonably believes are adequate to ensure its compliance with the foregoing. 4.3. The Adviser has the authority under the Investment Advisory Agreement to appoint the Sub-Adviser. 4.4. The Adviser further represents and warrants that it has received a copy of the Sub-Adviser’s current Form ADV. 4.5. The Adviser has provided the Sub-Adviser with each Fund’s most current prospectus and statement of additional information contained in the Trust’s registration statement and the Investment Policies, as in effect from time to time. The Adviser shall promptly furnish to the Sub-Adviser copies of all material amendments or supplements to the foregoing documents. 4.6. The Adviser or its delegate will provide timely information to the Sub-Adviser regarding such matters as inflows to and outflows from each Fund and the cash requirements of, and cash available for investment in, the Fund. 4.7. The Adviser or its delegate will timely provide the Sub-Adviser with copies of monthly accounting statements for each Fund, and such other information as may be reasonably necessary or appropriate in order for the Sub-Adviser to perform its responsibilities hereunder.

  • Instructions of the Company The Company shall have the right, by one or more instruments in writing executed and delivered to the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, to direct the time, method and place of conducting any proceeding for the realization of any right or remedy available to the Collateral Agent, or of exercising any power conferred on the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, or to direct the taking or refraining from taking of any action authorized by this Agreement; provided, however, that (i) such direction shall not conflict with the provisions of any law or of this Agreement and (ii) the Collateral Agent, the Custodial Agent and the Securities Intermediary shall be adequately indemnified as provided herein. Nothing in this Section 8.2 shall impair the right of the Collateral Agent in its discretion to take any action or omit to take any action which it deems proper and which is not inconsistent with such direction.