OBLIGATIONS AND CONDITIONS Clause Samples
The "Obligations and Conditions" clause defines the specific duties, responsibilities, and requirements that each party must fulfill under the agreement. It typically outlines what actions or standards are expected, such as delivering goods, providing services, or meeting certain deadlines, and may also specify any prerequisites that must be satisfied before obligations become enforceable. By clearly setting out these expectations, the clause ensures both parties understand their roles and helps prevent disputes by providing a reference point for compliance.
OBLIGATIONS AND CONDITIONS. To carry out the functions of a CDO, as authorized by 45 CFR 155.225, and as a condition of its designation as a CDO by the FFE, CDO agrees to:
1. Certify, and recertify on at least an annual basis, in a manner consistent with all applicable CMS regulations and guidance, one or more individual staff members and/or volunteers of the CDO to serve as CACs. An initial certification must include the assignment of a unique CAC identification number, as described in Section II.3 of this Agreement, and the issuance of a CAC Certificate to each individual staff member or volunteer that is certified by the CDO to serve as a CAC. CAC Certificates must include the staff member or volunteer’s name and unique CAC identification number, and an expiration date that is one year from the date of issuance. When recertifying any individual staff member and/or volunteer, the CDO shall issue an updated CAC Certificate, to reflect the date that the CAC has been recertified, and an expiration date that is one year from the date of issuance. CDO must retain a record of each certification provided under this provision for a period of no less than six (6) years, unless a different and longer retention period has already been provided under other applicable Federal law.
2. Prior to certifying or recertifying any staff member or volunteer to serve as a CAC, do all of the following:
a. Ensure that each such staff member or volunteer seeking certification or recertification as a CAC completes all required CMS-approved training regarding QHP options, Insurance Affordability Programs, eligibility, and benefits rules and regulations governing all Insurance Affordability Programs operated in the state, as implemented in the state, and completes and achieves a passing score on all CMS-approved certification or recertification examinations, prior to functioning as a CAC;
b. Require each such staff member or volunteer seeking certification as a CAC to enter into a written, signed agreement with the CDO that requires the individual staff member or volunteer seeking certification as a CAC to do the following:
i. Register for all required CMS-approved training using his or her unique CAC identification number and the name that will appear on both his or her CAC Certificate and Training Certificate, complete the training and examination requirements described in Section II.2.a of this Agreement, and provide proof in the form of his or her Training Certificate to the CDO that he or she has fulfille...
OBLIGATIONS AND CONDITIONS. (i) Each party will make each payment specified in each Confirmation as being payable by it.
(ii) Payments under this Agreement will be made not later than the due date for value on that date in the place of the account specified in the relevant Confirmation or otherwise pursuant to this Agreement, in freely transferable funds and in the manner customary for payments in the required currency.
(iii) Each obligation of each party to pay any amount due under Section 2(a)(i) is subject to (1) the condition precedent that no Event of Default or Potential Event of Default with respect to the other party has occurred and is continuing and (2) each other applicable condition precedent specified in this Agreement.
OBLIGATIONS AND CONDITIONS. Grantor affirmatively agrees to perform the following activities [and][or] to maintain the following conditions at the Restricted Area in order to (select one) [maintain a condition of No Significant Risk] [eliminate a substantial hazard] (such conditions and terms defined in 310 CMR 40.0000) as set forth in the AUL Opinion. [Insert specific activities and conditions set forth in the AUL Opinion, if any.]
OBLIGATIONS AND CONDITIONS. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the [Property] [Portion of the Property] to (select one) [maintain a Permanent Solution and a condition of No Significant Risk] [maintain a Temporary Solution and a condition of No Substantial Hazard] : (i) ; (ii) ; and
OBLIGATIONS AND CONDITIONS. To enroll Qualified Individuals in a QHP in a manner that constitutes enrollment through the FFEs or SBE-FPs and to assist individuals in applying for APTC and/or CSRs, ▇▇▇ hereby agrees to:
a. Register with the FFEs or SBE-FPs in advance of assisting Consumers, Applicants, Qualified Individuals, and Enrollees, or enrolling Qualified Individuals in QHPs through an FFE or SBE-FP;
b. Receive training in the range of QHP options and Insurance Affordability Programs offered through the FFEs or SBE-FPs;
c. Comply with the privacy and security standards adopted by the FFEs or SBE-FPs as a condition of a separately executed agreement with CMS pursuant to 45 CFR 155.260(b);
d. Comply with all applicable State law related to Agents and Brokers in each state in which ABE operates, including but not limited to State laws related to confidentiality and conflicts of interest; and State laws related to appointments, as a condition of assisting Consumers, Applicants, Qualified Individuals, and Enrollees, or enrolling Qualified Individuals in QHPs through an FFE or SBE-FP;
e. Maintain valid licensure in every state in which ABE assists Consumers, Applicants, Qualified Individuals, and Enrollees, or enrolls Qualified Individuals in QHPs through an FFE or SBE-FP;
f. Comply with the PPACA and all applicable regulations and guidance; and
g. Comply with any and all other applicable laws, statutes, regulations, or ordinances of the United States of America, and any Federal Government agency, board, or court, that are applicable to the conduct of the activities that are the subject of this Agreement, including but not necessarily limited to the Health Insurance Portability and Accountability Act (HIPAA), section 6103(b)(2) of the Internal Revenue Code, any additional and applicable standards required by statute; and any regulations or policies implementing or interpreting such statutory provisions hereafter issued by CMS. In the event of a conflict between the terms of this Agreement and any statutory, regulatory, or sub-regulatory guidance released by CMS, the statutory, regulatory, or sub-regulatory guidance released by CMS shall control.
OBLIGATIONS AND CONDITIONS. CDO agrees to:
1. Certify, and recertify on at least an annual basis, in a manner consistent with all applicable Exchange regulations and guidance, one or more individual staff members or volunteers of the CDO to serve as CACs. An initial certification must include the assignment of a unique CAC identification number, as described in Section II.3 of this Agreement, and the issuance of a CAC Certificate to each individual staff member or volunteer certified by the CDO. CAC Certificates must include the staff member or volunteer's name and unique CAC identification number, and an expiration date that is one year from the date of issuance. When recertifying any individual staff member or volunteer, CDO shall issue an updated CAC Certificate to reflect the date that the CAC has been recertified, and an expiration date that is one year from the date of issuance. CDO must retain a record of each certification as directed by the Exchange.
2. Prior to certifying or recertifying any staff member or volunteer to serve as a CAC, CDO must:
a. Ensure that each such staff member or volunteer seeking certification or recertification as a CAC completes all required Exchange-approved training that is appropriate for the plan year for which the CAC is seeking certification or recertification regarding qualified health plan and qualified dental plan options, insurance affordability programs, eligibility, and benefits rules and regulations governing all insurance affordability programs operated in Virginia, as implemented in Virginia, and completes and achieves a passing score on all Exchange-approved certification or recertification examinations, prior to functioning as a CAC;
b. Require each such staff member or volunteer seeking certification as a CAC to enter into a written, signed agreement with CDO that requires the individual staff member or volunteer seeking certification as a CAC to:
i. Register for and complete all required Exchange-approved training, to include training appropriate for the plan year for which he or she seeks certification or recertification, and examination requirements using his or her unique CAC identification number, if applicable, and the name that will appear on both his or her CAC Certificate and training certificate, and provide proof of completion in the form of his or her training certificate to CDO;
ii. Disclose to CDO and to consumers any relationships the CAC has with qualified health plans, qualified dental plans or insurance affordabi...
OBLIGATIONS AND CONDITIONS. 2.1. Within two Business Days of the Execution Date, the NRL Board, including a majority of the NRL Independent Directors, shall adopt resolutions (i) approving the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby, (ii) finding that this Agreement providing the opportunity for the NRL common stockholders to participate in the Revised Tender Offer is in the best interests of NRL and its stockholders, (iii) recommending that the holders of Common Stock tender their shares of Common Stock in the Revised Tender Offer (the "NRL Board Recommendation"), (iv) amending the Rights Plan so that none of the Revised Tender Offer, the execution of this Agreement or the consummation of the Revised Tender Offer or the other transactions contemplated by this Agreement will trigger the separation or exercise of the Rights (as defined in the Rights Plan) or any adverse event under the Rights Plan (namely that the Lola Trust will not be deemed to be an "Acquiring Person" (as defined in the Rights Plan) solely by virtue of the Revised Tender Offer or the consummation thereof, the approval, execution, delivery, adoption or performance of this Agreement or the consummation of any other transactions contemplated by this Agreement), and (v) amending the bylaws of NRL in accordance with Section 3-702(b) of the MCSAA so that the provisions of the MCSAA will not apply to the voting rights of the shares of Common Stock that are acquired by the Lola Trust and/or its associates pursuant to the Revised Tender Offer (the "MCSAA Bylaw"). In furtherance of the foregoing, the NRL Board shall not adopt any rights plan or similar arrangement, or amend, modify or revoke the MCSAA Bylaw, prior to the Closing Date that interferes with the transactions contemplated by the Revised Tender Offer.
2.1.1. The adoption of the resolutions set forth above in Section 2.1 shall be a condition to the Effective Date of this Agreement.
OBLIGATIONS AND CONDITIONS. No Promotional Materials bearing the Trademarks may be used without Valera's prior written approval, which consent shall not be unreason▇▇▇▇ ▇▇▇hheld or delayed but shall be conditioned upon maintaining the distinctiveness of the trademarks of each Party and including a tag line that indicates Valera's ownership of the Trademarks. It is agreed by the Parties th▇▇ ▇▇ ▇▇e event that Valera does not respond to BioPro's submission of the new Promotiona▇ ▇▇▇▇rials or labeling within ten (10) Business Days, consent shall be deemed to be granted. Notwithstanding anything to the contrary, BioPro's use of the Trademarks shall be conditioned upon BioPro's compliance with Valera's then-current quality standards, which standards Valera may ▇▇▇▇▇▇ ▇rom time to time by written notice to BioPro, it being understood that BioPro may use up any packaging, labeling or Promotional Materials that it has at the time of the update, either in stock or in process.
OBLIGATIONS AND CONDITIONS. No Promotional Materials bearing the Trademarks may be used without Valera’s prior written approval, which consent shall not be unreasonably withheld or delayed but shall be conditioned upon maintaining the distinctiveness of the trademarks of each Party and including a tag line that indicates Valera’s ownership of the Trademarks. It is agreed by the Parties that in the event that Valera does not respond to Spepharm’s submission of the new Promotional Materials or labeling within ten (10) Business Days, consent shall be deemed to be granted.
OBLIGATIONS AND CONDITIONS. To enroll Qualified Individuals in a QHP through ▇▇▇▇▇▇▇.▇▇▇ and to assist individuals in applying for APTC and/or CSRs, and to perform authorized ▇▇▇▇▇▇▇.▇▇▇ functions listed below in section III, Agent/Broker/Entity hereby agrees to:
a. Register with ▇▇▇▇▇▇▇.▇▇▇ in advance of assisting Consumers, Applicants, Qualified Individuals, and Enrollees, or enrolling Qualified Individuals in QHPs through ▇▇▇▇▇▇▇.▇▇▇;
b. Ensure all agency staff with access to accounts through the Broker Agency Account on ▇▇▇▇▇▇▇.▇▇▇ receive appropriate training and comply with all relevant conditions and obligations of this agreement.
c. Receive and complete training by the provided deadline from OHIM on the use of ▇▇▇▇▇▇▇.▇▇▇ platform, the range of QHP options and Insurance Affordability Programs offered through ▇▇▇▇▇▇▇.▇▇▇, and any changes in eligibility rules or processes from previous OE periods;
d. Maintain the privacy and security of Consumer, Applicant, Qualified Individual, and Enrollee personally identifiable information (PII) and comply with the privacy and security standards required by federal law and adopted by ▇▇▇▇▇▇▇.▇▇▇ pursuant to 45 CFR 155.260(b) and set forth in section III below. If Agent/Broker/Entity must disclose ▇▇▇▇▇▇▇.▇▇▇ consumer PII to a subcontractor or agent for the purpose of enrolling consumers in a QHP through ▇▇▇▇▇▇▇.▇▇▇, Agent/Broker/Entity must ensure that the subcontractor/agent/representative will safeguard and maintain the confidentiality of the consumer PII consistent with the requirements of this Acknowledgement that apply to the Agent/Broker/Entity;
e. Comply with the standards of conduct set forth in section III below;
f. Comply with all applicable State law related to Agents and Brokers, including but not limited to State laws related to confidentiality, conflicts of interest and appointments, as a condition of assisting Consumers, Applicants, Qualified Individuals, and Enrollees, or enrolling Qualified Individuals in QHPs through ▇▇▇▇▇▇▇.▇▇▇;
g. Maintain valid professional licensure in Maine;
h. Comply with the PPACA and all applicable regulations and guidance; and
i. Comply with all applicable federal and State laws, statutes, regulations, or ordinances that are applicable to the conduct of the activities that are the subject of this Acknowledgement, including but not necessarily limited to the Health Insurance Portability and Accountability Act (HIPAA), section 6103(b)(2) of the Internal Revenue Code, the Medicaid Act (42 USC 1396a e...