Proportionality Clause Samples

Proportionality. Either party's obligation to indemnify the other arising under Paragraph 12.1 will be proportional to the adjudicated respective fault of the parties with regard to the acts or omissions that gave rise to the indemnitable claims.

Proportionality. The least intrusive response appropriate to the risk presented. “I am sure that the professionals will work in my interest, as I see them and they will only get involved as much as needed.”

Proportionality. The disciplinary action taken must be appropriate and proportionate to the severity of the offense, taking into consideration the employee’s past record and any mitigating circumstances.

Proportionality. Because the Project will be built over a long time period, the Parties have carefully structured the amount and timing of public and community benefits to coincide with the amount and timing of the development of Market-Rate Units and other commercial opportunities. The public and community benefits have been described and apportioned as set forth in (i) the Phasing Plan, with respect to the Associated Public Benefits for each Major Phase and Sub-Phase, (ii) the Community Benefits Plan, with respect to funding the contributions and other public and community benefits described therein, (iii) the Below-Market Rate Housing Plan, with respect to the delivery of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Replacement Projects, the Agency Lots, and the production of Inclusionary Units and Workforce Units, and (iv) the Parks and Open Space Plan and the Infrastructure Plan, with respect to the Completion of parks and open space. If Developer or a Vertical Developer requests changes to the amount or timing of public and community benefits as set forth above in any Application, then such changes shall be subject to the Approval of the Agency Director, provided the Agency Director shall refer any material changes to the amount or timing of public and community benefits to the Agency Commission for its review and Approval as set forth in the DRDAP.

Proportionality. The authority of the requested Contracting Party may refuse a request for cooperation where it is clear that: (a) the number and the nature of the requests for information made by the requesting Contracting Party within a specific period impose a disproportionate administrative burden on that requested authority; (b) the authority of the requesting Contracting Party has not exhausted the usual sources of information which it could have used in the circumstances to obtain the information requested without running the risk of jeopardising the achievement of the desired end.

Proportionality. You acknowledge that the Advertising Fund is intended to maximize recognition of the Marks and patronage of NETSPACE(R) businesses. Although we will endeavor to utilize the Advertising Fund to develop advertising and marketing materials and programs and to place advertising that will benefit all NETSPACE(R) businesses, we undertake no obligation to ensure that expenditures by the Advertising Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Advertising Fund by NETSPACE(R) businesses operating in that geographic area. Nor are we under any obligation to ensure that any NETSPACE(R) businesses will benefit directly or in proportion to its Ad Fees paid to the Advertising Fund from the development of advertising and marketing materials or the placement of advertising. Except as expressly provided in this Article, we assume no direct or indirect liability or obligation to you with respect to collecting amounts due to, or maintaining, directing or administering the Advertising Fund.

Proportionality. No individual taxpayer’s financial information should be discernible due to its relative size compared to other members of the aggregated group; and

Proportionality. If Developer’s proposed termination under Section 11.4 would result in a violation of the proportionality principle set forth in Section 1.5, as reasonably determined by the Agency Director, then the Agency Director shall so notify Developer and the Parties shall negotiate in good faith for a proposed resolution that maintains the benefit of the bargain for both Parties. The period of such good faith negotiations shall be Administrative Delay. If Developer and the Agency are unable to reach agreement within ninety (90) days after Developer’s receipt of the Agency’s notice, then either Developer or the Agency may submit the matter to binding arbitration under Section 15.2.

Proportionality. The principle of 'proportionality' is a common theme running through both the Convention rights and judgements of the European Court. Any restriction of rights must, therefore, be justified in that a fair balance must be achieved between the protections of an individual's rights with the general interests of society. In the context of information exchange, any disclosure of information should be restricted to a minimum and be the least damaging that is required in achieving the objective. Information must be removed as soon as it is no longer required for the original purpose for which it was supplied. Retention should be for the minimum period required to achieve the objectives of the aims of the sharing, after which the data must be returned to Trafford Council or destroyed as described below. Information discovered to be inaccurate or inadequate for the purpose will be notified to the Trafford Council or the User who will be responsible for correcting the information.