of the Rules Clause Samples

of the Rules. Business Partners being partners in a commercial partnership or partners in a private partnership who submitted before 01.01.2014 a written application for being granted a joint Number are treated as a single Business Partner, which particularly means, that they are joint and several debtors with respect to their liabilities and are joint and several creditors with respect to their claims.

of the Rules. In the event of failing to conclude the Agreement, mentioned in the provisions of the point 5.11.1 of the Rules, Numbers of the Business Partner will be transferred to FM World Distribution. The Numbers, however, will remain inactive until the Business Partner concludes the Agreement with FM World Distribution on the terms resulting from the Rules defining the functioning of this Branch. If the Business Partner does not conclude the Agreement with FM World Distribution within 12 months following 30 days from the franchise agreement expiration, provisions of point 3.

of the Rules. In addition to the Eligible Expenses set out in the Funding Agreement, the following will be considered Eligible Expenses, provided that they are otherwise paid and evidenced in accordance with the Funding Agreement:

of the Rules. The Recipient authorizes the collection by the IESO of the information set out in the Proposal and the Funding Agreement and otherwise collected in accordance with the terms hereof, and the use of such information for the purposes set out in or incidental to the Rules and the Funding Agreement, and for the purposes of offering, managing and directing the ECB Program generally. The Recipient agrees that the IESO may use and disclose the Confidential Information of the Recipient for the purpose of updating the Government of Ontario and its ministries and agencies on the status of the ECB Program and for the purpose of developing policies or standards related to community power projects or programs, for policy development, and for general reporting purposes. These standards, policies and reports may be made publicly available provided they do not disclose any information specific to the Initiative or the Recipient. Subject to Sections 11.1(b) to 11.1(g), the Receiving Party will, use the Confidential Information of the Disclosing Party solely in connection with performing its obligations and exercising its rights under the Funding Agreement; and not publish, reproduce, copy, disseminate or disclose the Confidential Information, or otherwise use the same except in performing its obligations under the Funding Agreement, without the prior written consent of the Disclosing Party. Subject to Sections 11.1(b) to 11.1(g), the Receiving Party must maintain the Confidential Information of the Disclosing Party in confidence using at least the same degree of care as it employs in maintaining in confidence its own proprietary and confidential information, but in no event less than a reasonable degree of care. Upon the expiry or termination of the Funding Agreement and at the request of the Disclosing Party, the Receiving Party will destroy or return the Confidential Information to the Disclosing Party, provided that the Receiving Party may retain a copy of such essential information as required by Laws and Regulations and its document retention policies.

of the Rules. The Claimants-appointed arbitrator and the Respondents-appointed arbitrator shall then choose the third arbitrator who will act as presiding arbitrator of the tribunal. The place of arbitration shall be Hong Kong, and the arbitration shall be administered by HKIAC. The governing law of the arbitration proceedings shall be the laws of Hong Kong. The language to be used in the arbitral proceedings shall be English. By agreeing to arbitration pursuant to this clause, the parties waive irrevocably their right to any form of appeal, review or recourse to any state court or other judicial authority, insofar as such waiver may be validly made. The award is given by a majority decision. If there be no majority, the award shall be made by the Chairman of the arbitral tribunal alone.

of the Rules. To this end, please find enclosed a signed copy of the Participation Agreement for the carrying out of the Market Making activity – in accordance with the form attached to the relevant Technical Rules - and a signed copy of the Product Selection Form, and - if the applicant is a legal person – a signed copy of the declaration notifying the powers of representation of the party submitting the application.

of the Rules. The Rules require the Commission to publish non-binding guidelines on points that may be addressed by the CA, such as: ➢ the internal organisation and management of the consortium; ➢ intellectual property arrangements; ➢ settlement of internal disputes, pertaining to the CA. The provisions in the Rules which should be addressed include: a) provisions for ensuring the technical implementation of the project ’: the ‘consortium’ shall implement the indirect action and shall take all necessary and reasonable measures to that end5. This means that management structure and composition (steering groups, technical groups etc) should be established by the consortium to ensure efficient and effective management of the operational, technical and financial aspects of the project. b) ‘collective responsibility’ is applicable to most actions except SME specific actions, certain specific support actions and actions to promote and develop human resources and mobility: technical implementation of the action shall be the collective responsibility of the participants. Each participant shall also be liable for the use of the Community financial contribution in proportion of his share of the project up to a maximum of the total payments he has received 6. Therefore, the consortium agreement could cover potential solutions to problems relating to technical implementation (i. e what to do if one partner does not perform) and, for those contracts in which financial collective responsibility is imposed, solutions to potential financial problems. c) the EU contribution is paid to the coordinator “designated by the ‘consortium’”, who administers the Community financial contribution according to decisions taken by the ‘consortium’ regarding its allocation to ‘participants’ and activities. Therefore, decisions on how, when and where the financial contribution will be made and to whom must be addressed. d) a single legal entity can participate in the contract as the sole contractor when it is composed of the minimum number of eligible participants as required by the Rules. In this particular case, the single legal entity will have to identify its own conditions by means of its statutes or other internal rules as a consortium agreement per se is not necessary (but can be basis for legal entity’s articles).

of the Rules. 22 We move on to the court execution procedure set out in O 47 r 4(1) of the Rules. This Rule provides as follows: (1) Where the property to be seized consists of immovable property or any interest therein, the following provisions shall apply: (a) seizure shall be effected by registering under any written law relating to the immovable property an order of Court in Form 96 (which for the purpose of this Rule and Rule 5 shall be called the order) attaching the interest of the judgment debtor in the immovable property described therein and, upon registration, such interest shall be deemed to be seized by the Sheriff; (b) an application for an order under this Rule may be made ex parte by summons; …

of the Rules. The above determination shall be final and binding on the Parties and Members for the period up to 30 June 2014.