Reservations & Limitations Sample Clauses

Reservations & Limitations. If the evaluation is to be conducted while an active search is underway to fill the position being temporarily filled by the unit member being evaluated and the unit member being evaluated is a candidate for the full-time permanent position: 1. the evaluator cannot be serving on the screening/search committee; 2. the evaluation itself cannot be considered by the screening/search committee. If the unit member so chooses, s/he may request a letter of recommendation from the evaluator, to be included in the unit member’s application for the full-time permanent position, and the evaluator may write such a letter of recommendation. If the unit member is subsequently offered and accepts a full-time permanent position with the District: 1. if the unit member was employed in a temporary full-time position for at least one full academic year, the unit member shall receive one year of credit as a full-time faculty member in accordance with California Education Code §87478 and shall be subject to the Three Year Modified Tenure Review Procedure described in Article 11.8 of this agreement; 2. the Individual Tenure Review Committee, once formed, shall review the evaluation(s) made during the semester(s) the unit member was employed under a full-time temporary faculty contract. As noted in Article 11 of this Agreement, members of the Individual Tenure Review Committee shall “respect the confidentiality of the tenure review process and treat evaluations and the reviews of members as private information.”
View SourceView Similar (4)
Reservations & Limitations. If the evaluation is to be conducted while an active search is underway to fill the position being temporarily filled by the unit member being evaluated and the unit member being evaluated is a candidate for the full-time permanent position: 1. the evaluator cannot be serving on the screening/search committee; 2. the evaluation itself cannot be considered by the screening/search committee. If the unit member so chooses, s/he may request a letter of recommendation from the evaluator, to be included in the unit member’s application for the full-time permanent position, and the evaluator may write such a letter of recommendation. If the unit member is subsequently offered and accepts a full-time permanent position with the District: 1. if the unit member was employed in a temporary full-time position for at least one full academic year, the unit member shall receive one year of credit as a full-time faculty member in accordance with California Education Code §87478 and shall be subject to the Three Year Modified Tenure Review Procedure described in Article
View SourceView Similar (3)
Reservations & Limitations. In construing the scope of the releases granted in Section 5.1 above, the following reservations and limitations shall apply: (a) Nothing in this Settlement Agreement is intended to release the liability relating in any way to the Chemetco Site of any person or private or public entity that is not a Settling Party under this Settlement Agreement. (b) The Settling Parties agree that compliance with the terms of this Settlement Agreement and related agreements shall satisfy the claims of the Settling Parties against one another only for Settled Claims and that the Chemetco Site PRP Group intends to reserve and pursue all claims and actions against non-participants, including without limitation, all claims and actions assigned by [PRP Short] pursuant to this Settlement Agreement, and all other parties pursuant to other agreements. (c) [PRP Short] agrees that it is accepting responsibility for, and settling for, only the persons and entities included in the definition of [PRP Short] and not for any other defendant in the Chemetco Site Case or any other person or entity. (d) Each Settling Party expressly reserves the right to take such actions as against any other Settling Party as may be necessary to enforce this Settlement Agreement.
View Source
Reservations & Limitations. 11.1 TeleTrade reserves the right to take legal actions against the Affiliate in the event the Affiliate shall attempt to manipulate TeleTrade and/or the Trading Platform and/or abuse TeleTrade’s Affiliate Program. Without limitation to the foregoing, TeleTrade reserves the right to withhold and/or deduct from any payment due to the Affiliate here under in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.
View Source

Related to Reservations & Limitations

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • Exceptions to Limitations Conversions to Alternate Base Rate Loans shall be permitted in the case of clauses (i) and (ii) of Section 2.1(b) above, in each case, unless the Administrative Agent has otherwise accelerated the Obligations or exercised other rights that terminate the Commitments under Section 10.2.

  • Other Limitations Notwithstanding anything to the contrary set forth in this Agreement, the amount of any Loss subject to indemnification pursuant to this ARTICLE VIII shall be calculated net of (a) any insurance proceeds actually received in cash (net of any applicable deductibles, co-payments, “retro premium” adjustments and similar costs or payments) by the Indemnified Party or any of its Affiliates on account of such Loss, (b) any Tax Benefits inuring to the Indemnified Party on account of such Loss and (c) any indemnification, contribution or other payment actually received in cash (net of any applicable costs of recovery or collection thereof) from any third Person with respect to such Loss. The Indemnified Party shall use its reasonable best efforts to (A) seek full recovery from any third parties and under all insurance policies covering, and all right to indemnification and/or contribution from third Persons in respect of, any Loss and (B) mitigate any actual or potential Loss, in each case to the same extent as it would if such Loss were not subject to indemnification pursuant to this ARTICLE VIII (including, for example, Buyer’s judgment regarding the impact such actions might have on customers and other third parties having material continuing business relationships with the Sold Companies). In the event that an insurance, indemnification, contribution or other recovery is made or a Tax benefit described in this Section 8.7(b) is realized by the Indemnified Party with respect to any Loss for which it has been indemnified pursuant to this ARTICLE VIII, then a refund equal to the aggregate amount of the recovery or benefit shall be paid promptly in immediately available funds to the Indemnifying Party that provided such indemnification to the Indemnified Party. If the Indemnified Party receives a Tax Benefit after an indemnification payment is made to it pursuant to this ARTICLE VIII, the Indemnified Party shall promptly pay to the Indemnifying Party that made such indemnification payment the amount of such Tax Benefit at such time or times as and to the extent that such Tax Benefit is realized by the Indemnified Party. For purposes hereof, “Tax Benefit” shall mean, with respect to any applicable Loss, any cash Tax savings or refunds that are received and actually recognized by the Indemnified Party in the tax year of the respective Loss, and any amounts actually credited against cash Taxes payable of the Indemnified Party in the tax year of the respective Loss, in each case determined on a with and without basis (comparing the actual cash Tax liability of the Indemnified Party for the applicable year against the hypothetical cash Tax liability of the Indemnified Party had such Loss not been incurred); provided, that no Tax Benefit shall be taken into account with respect to a Loss to the extent such Loss (or the receipt of an indemnity payment in respect of such Loss) would result in a reduction of Tax basis in depreciable or amortizable property; provided, further, that in no event shall the Tax Benefit be deemed to exceed the amount of any indemnification payment paid to the Indemnified Party. The Seller Indemnified Persons or the Buyer Indemnified Persons, as the case may be, shall not be entitled to recover more than once for the same Loss. No Seller Indemnified Person shall be entitled to recover any Loss if and to the extent such Loss is reflected in the calculation of Closing Indebtedness, Unpaid Sold Company Transaction Expenses or Closing Net Working Capital.

  • Usage Limitations You shall use best efforts to ensure that only Authorized Customer Support Users are provided access to the Service Desk Infrastructure and Student Support Services, including not causing or permitting third parties to access such infrastructure or services.

  • Specific Limitations No Member shall have the right or power to: (a) withdraw or reduce such Member’s Capital Contribution except as a result of the dissolution of the Company or as otherwise provided by law or in this Agreement; (b) make voluntary Capital Contributions or to contribute any property to the Company other than cash; (c) bring an action for partition against the Company or any Company assets; (d) cause the termination and dissolution of the Company, except as set forth in this Agreement; or (e) upon the Distribution of its Capital Contribution require that property other than cash be distributed in return for its Capital Contribution. Each Member hereby irrevocably waives any such rights.