Proportionate Fair Share Clause Samples

The Proportionate Fair Share clause establishes that parties are responsible for contributing to costs, liabilities, or benefits in proportion to their respective shares or interests. In practice, this means that if multiple parties are involved in a project or agreement, each will pay or receive an amount that reflects their percentage of ownership, participation, or usage. This clause ensures that no party is unfairly burdened or advantaged, promoting equity and preventing disputes over unequal contributions or distributions.
Proportionate Fair Share. For purposes of this Agreement, the amount of $103,101.75, referred to herein as "Proportionate Fair Share," shall be paid to the County prior to the issuance of a final site plan approval letter by the City of Daytona Beach. If Developer does not pay the Proportionate Fair Share within one year of the date of the execution of this Agreement by all parties hereto, then the Proportionate Fair Share shall be revised based on the applicable Florida Department of Transportation published inflationary rate. The parties agree that construction of the thoroughfare road improvements shall be constructed as determined by the County. Once payment is made, the Owner agrees to waive the right to request a return of the Proportionate Fair Share payment. Owner shall be entitled to County thoroughfare road impact fee credits against the payment of the Proportionate Fair Share.
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Proportionate Fair Share a. Upon this provision taking effect, the Union shall certify to the Employer a proportionate share amount not to exceed the dues uniformly required of members of the Union in conformity with federal and state law and rules of the Illinois Educational Labor Relations Board (IELRB). b. All employees covered by this Agreement who are not members of the Union, commencing on the effective date of this Section or upon their initial eligibility pursuant to the bargaining unit description, and continuing during the term of this Agreement, shall pay to the Union on a monthly basis their Proportionate/Fair Share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect and the Proportionate/Fair Share fee deduction shall commence with the first pay period starting 30 days after the Union certifies to the Employer the amount of the Proportionate/Fair Share fee, or 30 days after the date that a new employee would become eligible for inclusion into the bargaining unit pursuant to the bargaining unit description, whichever is later. Each employee in the bargaining unit who is not a member of the Union shall be required to pay the Proportionate/Fair Share fee. Such Proportionate/Fair Share payments shall be deducted from the earnings of non-member employees pursuant to usual and customary payroll deduction procedures and paid to the Union in accordance with applicable laws and regulations. The University Administration shall not be under any obligation to make any deductions for Proportionate/Fair Share if any bargaining unit member's pay within any pay period, after deductions for state insurance and deductions required by law, including but not limited to withholding tax and employee contributions to the State Universities Retirement System, is less than the amount of authorized deductions. In such event, it will be the responsibility of the Union to collect Proportionate/Fair Share for that period directly from the bargaining unit member. c. The Union and Board shall comply with all applicable rules of the IELRB concerning notice, objections, and related matters contained in its "fair share" rules and procedures. It is understood and agreed that the Employer and the Union jointly acknowledge and respect the provisions of the "Wage and Salary Withholding Act" as amended, in regard to dues authorization and revocation cards. d. The Union shall supply the Employer with all relevan...
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Proportionate Fair Share. In connection with the City's construction of Concurrency Improvements, as set forth in Exhibits “A-2”, Developer shall pay to the City a fair share assessment in the amount of the Total Fair Share Contribution, as defined in Exhibit A-1, hereinafter “Total Fair Share Contribution”, or, if applicable, the difference between the Total Fair-Share Contribution, and the value of the Construction Improvements, as described in subsection (b) of this Section 3, pursuant to Section 8(f) , Article V, Chapter 21, Land Development Code, City of Port Orange, hereinafter the "Fair Share Payment." Developer agrees to pay the Fair Share Payment to the City in the form of a certified check payable to the City of Port Orange in an amount as determined in Exhibit “A-2”. The City shall apply the Fair Share Payment to the Concurrency Improvements described in Exhibit “A-2”. Upon the City’s receipt of the payment from the Developer, the funds shall become the property of the City and the right to request a refund is waived. The payment must be deposited with the City within 30 days of the city council’s approval of this Agreement and shall be required prior to the issuance of a Development Order for the Development.
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Proportionate Fair Share. For purposes of this Agreement, the amount of $103,101.75, referred to herein as "Proportionate Fair Share," and further detailed in Exhibit “B”, shall be paid to the County prior to the issuance of a final site plan approval letter by the City of Daytona Beach. If Developer does not pay the Proportionate Fair Share within one year of the date of the execution of this Agreement by all parties hereto, then the Proportionate Fair Share shall be revised based on the applicable Florida Department of Transportation published inflationary rate. The parties agree that construction of the thoroughfare road improvements shall be constructed as determined by the County. Once payment is made, the Owner agrees to waive the right to request a return of the Proportionate Fair Share payment. Owner shall be entitled to County thoroughfare road impact fee credits against the payment of the Proportionate Fair Share. Impact fee credits shall be issued as detailed in Exhibit “C”.
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Proportionate Fair Share. For purposes of this Agreement, the amount of $118,726.15, as further detailed in Exhibit A, and referred to herein as the “Proportionate Fair Share”, shall be paid to the County prior to the City’s approval of the Final Plat for the Project. If Owner does not pay the Proportionate Fair Share within one year of the agreement, the FDOT published inflationary rate will be applied. The parties agree that the Roadway Improvements shall be constructed as determined by the County. Once payment is made, the Owner agrees to waive the right to request a return of the Proportionate Fair Share payment. Owner shall be entitled to County thoroughfare road impact fee credits for the payment of the Proportionate Fair Share.
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Related to Proportionate Fair Share

  • Proportionate Share If the Premises are a part of a multiple tenancy complex, the responsibility of the Lessee for costs are determined by taking a percentage of the total cost of the expenses based upon the rentable floor space in said complex occupied by the Lessee. It is agreed that the Premises is [%] ("Proportionate Share") of the total floor space in the building. The Lessor may, with notice to the Lessee, elect to perform and provide certain maintenance and services pertaining to the entire building or area of which the Premises are a part, including, but not limited to, landscaping, trash removal, lawn maintenance, common area lighting, watering, paving maintenance, and snow removal. In such event, the Lessee shall reimburse the Lessor for its Proportionate Share of such maintenance services. Within ninety (90) days following the end of each year during the Term, the Lessor shall furnish the Lessee with a written statement covering the lease year just expired (measured from the Commencement Date), showing in reasonable detail a general breakdown of the total operating costs, the amount of the Lessee's obligation relating thereto, and the total payments made by the Lessee. The Lessee agrees to conduct its business in a lawful and legal manner, and in a way that provides quiet enjoyment to the rest of the Lessees in the complex, including, but not limited to, mitigation and limitation of noise, vibration, odor, trash, or fumes. In the event the Lessor receives complaints from other Lessees in the building or complex and determines, in its sole reasonable judgment, that the Lessee is conducting its operations in a manner so as to be objectionable to other Lessees, the Lessee shall, upon notice from the Lessor, promptly modify its operations to eliminate such objections.

  • Fair Share Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues. 1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members. 2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed: 1. The fair share fee will not exceed the amount of dues normally charged to Association members. 2. The fair share fee will not include any costs or contributions related to elections or political purposes. 3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.

  • Fair Share Fee 1. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. 2. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues less the amount previously paid through payroll deduction. 3. Payroll deduction of such fair share fee shall commence with the first payroll on or after January 15th of each school year. 4. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 5. The Board further agrees to accompany each such transmittal with a list of names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. 6. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, or such non-members may submit each appeal as provided by law. 7. The amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 8. The Association agrees to indemnify the Board for any cost of liability incurred as a result of the implementation and enforcement of this provision provided that: a. The Board shall give a ten (10) day written notice of any claim or action filed against the employer by a non-member for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the employer; c. The Board agrees to 1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) not oppose the Association or its affiliates’ application to file an amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions shall be an exclusive right of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

  • Proportionate Amounts Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned.

  • Proportionate Leave on Termination Where an employee has given five working days or more continuous service, inclusive of any day off as prescribed by clauses 27 or 30 of this award (excluding overtime), and either leaves employment or the employee’s employment is terminated by the employer the employee shall be paid one-twelfth of an ordinary week’s wages in respect of each completed five working days of continuous service with the current employer for which leave has not been granted or paid for in accordance with this award.