Multiple Use Sample Clauses
The Multiple Use clause defines the rights and limitations regarding the repeated or ongoing use of certain materials, products, or intellectual property covered by the agreement. Typically, this clause clarifies whether the recipient can use the provided resources more than once, such as reusing architectural plans for different projects or software code in multiple applications. Its core practical function is to prevent misunderstandings about the scope of permitted use, ensuring both parties are clear on whether and how materials can be utilized beyond their initial application.
Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and a plan subject to the ACP test maintained by the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then, as elected in the Adoption Agreement, the ACP or the ADP of those Highly Compensated Employees who also participate in a CODA will be reduced (beginning with such Highly Compensated Employee whose ACP (or ADP, if elected) is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts (or ADP, if elected) is reduced shall be treated as an Excess Aggregate Contribution (or Excess Contribution, if elected). The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if the ADP and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Participants who are not Highly Compensated Employees.
Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan subject to the ACP Test and the sum of the Actual Deferral Percentage and the Actual Contribution Percentage of those Highly Compensated Employees exceeds the "aggregate limit", then the Actual Contribution Percentage of those Highly Compensated Employees will be reduced, beginning with such Highly Compensated Employee whose Actual Contribution Percentage is the highest, so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage is reduced shall be treated as an Excess Aggregate Contribution. The Actual Deferral Percentage and Actual Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the ADP Test and the ACP Test. Multiple use does not occur if either the Average Deferral Percentage or Actual Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Actual Deferral Percentage and the Actual Contribution Percentage of the Nonhighly Compensated Employees.
(i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.
Multiple Use. The right to lease the lands for other minerals subject to the Rules and Regulations of the Board of Land Commissioners providing for Leasing of Sub-surface Resources and the Multiple Use thereof.
Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and a plan subject to the ACP test maintained by the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a CODA shall be reduced (beginning with such Highly Compensated Employee whose ACP is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts is reduced shall be treated as an
Multiple Use. For Plan Years beginning after the Final Compliance Date, if
(i) one or more Highly Compensated Employees participates both in a plan with a qualified cash or deferred arrangement which is subject to the ADP limitations under Code section 401(k) as described in section 7.4 and in a plan which is subject to the ACP limitations under Code section 401(m) as described in this section 7.5,
(ii) the sum of the ADP of the eligible Highly Compensated Employees in the plan subject to Code section 401(k) and the ACP of the eligible Highly Compensated Employees in the plan subject to Code section 401(m) exceeds the Aggregate Limit, and
(iii) both the ADP and the ACP of the eligible Highly Compensated Employees in such plans exceed 125% of the ADP or ACP respectively of the eligible Nonhighly Compensated Employees in such plans, then the Contribution Percentages of the Highly Compensated Employees who participate in both such plans shall be reduced (beginning with the highest of such percentages) so that the Aggregate Limit for such plans is not exceeded. Any such reduction shall be treated as an Excess Aggregate Contribution. The determination of the limitations under this special rule shall be made after any corrections required to meet the ADP limits and the ACP limits and in accordance with the regulations under Code section 401(m).
Multiple Use. If one or more Highly Compensated Employees participate in both a CODA and a plan subject to the ACP test maintained by the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a CODA shall be reduced (beginning with such Highly Compensated Employee whose ACP is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's contribution percentage amounts is reduced shall be treated as an Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Employees who are not Highly Compensated Employees.
Multiple Use. 5.1 Multiple use of the software is possible depending on the type of licensing (concurrent use / floating licences as dongle or PC-bound licence). Only in an emergency may the licensee use the software on alternative devices of the same type. Multiple use of the software product must be approved by the licensor or requires the purchase of concurrent use / floating licences. In the event of the use of Concurrent Use / Floating Licences, the total number of concurrently authorised users of the Software Product shall not exceed the number of all Concurrent Use Licences granted to Licensee for the Software Product. Unless otherwise agreed in this License Agreement, all other terms and conditions of this License Agreement apply to Licensee's use of the Software Product under a Concurrent Use License.
5.2 If the Licensee wishes to continue to use the software product that has been replaced by an update or upgrade in parallel with the current software product, he/she requires the prior consent of the Licensor to do so, unless this results from the licences purchased; a pdf copy of the consent must be sent to the e-mail address provided.
Multiple Use. If one or more Highly Compensated Employees participate in both a Section 401(k) arrangement and a plan subject to the ACP test maintained by CNG or an Affiliate and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a Section 401(k) arrangement will be reduced so that the limit is not exceeded. The amount by which the ACP is reduced shall be treated as Excess Aggregate Contributions and allocated to Highly Compensated Employees as provided in Section 4.09(d) below. The ADP and ACP of the Highly Compensated Employees used for this purpose are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP or ACP of the Non-highly Compensated Employees for the next preceding Plan Year or, if CNG has so elected by Plan amendment under Section 4.08(b)(3) or 4.09(b)(4), the current Plan Year.
Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan subject to the ACP Test and the sum of the Actual Deferral Percentage and the Actual Contribution Percentage of those Highly Compensated Employees exceeds the "aggregate limit", then the Actual Contribution Percentage of those Highly Compensated Employees will be reduced, beginning with such Highly Compensated Employee whose Actual Contribution Percentage is the highest, so that the limit is not exceeded.
(i) The "aggregate limit" is the sum of (1) 125% of the greater of the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year or the Actual Deferral Percentage for Participants who are Nonhighly Compensated Employees for the Plan Year beginning with or within the Plan Year and (2) the lesser of 200% or two plus the lesser of such Actual Deferral Percentage or Actual Contribution Percentage. "Lesser" is substituted for "greater" in "(1)," above, and "greater" is substituted for "lesser" after "two plus the" in "(2)" if it would result in a larger aggregate limit.
Multiple Use. 5.1 Multiple use of the software is possible depending on the type of licensing, see concurrent use licenses. Only in case of emergency may the licensee use the software on alternative devices of the same type. Multiple use of the software product must be approved by the licensor or requires the purchase of concurrent use / floating licenses. In the case of concurrent use / floating licenses, the total num- ber of concurrently authorized users of the software product shall not exceed the number of all concurrent use licenses granted to licensee for the software product. Unless otherwise agreed in this license agreement, all other terms and conditions of this license agreement apply to licensee's use of the software product under a concurrent use license and / or user-bound license.
5.2 If the licensee wishes to continue using the software product that has been replaced by an up- date or upgrade in parallel with the current software product, the licensee requires the prior con- sent of the licensor for this, unless this results from the purchased licenses; a pdf copy of the con- sent is to be sent to the specified e-mail address.