The Code Clause Samples

The Code. When used in this Agreement, the expressions “acting in concert”, “concert parties”, “control” and “offer” shall be construed in accordance with the Code.

The Code. It is intended that the Option is exempt from Sections 409A and 457A of the U.S. Internal Revenue Code of 1986 (as amended, the “Code”). Notwithstanding the foregoing, the Optionee shall be solely responsible and liable for the satisfaction of all taxes and penalties that may be imposed on the Optionee in connection with the Option (including any taxes and penalties under Sections 409A and 457A of the Code), and neither the Company nor any of its Affiliates shall have any obligation to indemnify or otherwise hold the Optionee harmless from any or all of such taxes or penalties.

The Code. If the Code grants us a right which may be included in this contract, our rights under this contract are deemed to include such a right.

The Code. If the Code grants us a right which may be included in this contract, our rights under this contract are deemed to include such a right. SCHEDULE 1 – DEFINITIONS The following words have the attributed meaning for the purposes of this contract. Act means the Water Industry Act 2012 (SA) as amended from time to time. applicable regulatory instruments means any Act (including without limitation, the Act) or regulatory instrument made under an Act (including without limitation, the Regulations), or the Code or any other industry code, guideline, or other regulatory instrument issued by ESCOSA which applies to us. ADI means an authorised deposit taking institution within the meaning of the Banking Act 1959 (Cth) as defined in section 4 of the Acts Interpretation Act 1915 (SA). availability charge a charge for the availability of a service (rather than the use of it). The Local Government Act 1999/Roxby Downs Indenture Ratification Act 1982 allows us to recover this availability charge from you where our water infrastructure runs adjacent to your property. best endeavours means to act in good faith and use all reasonable efforts, skill and resources. business day means a day that is not a Saturday, a Sunday or a public holiday in the State of South Australia. Centrepay a free service for customers whereby bills may be paid as regular deductions from the customer’s government welfare payments. Code means the Water Retail Code – Minor and Intermediate Retailers published by ESCOSA as amended from time to time. connection point means, in respect of a water retail service, the outlet of the meter at your supply address which then connects to the water reticulation network.

The Code. We intend that, to the extent any provisions of the Plan or any awards granted under the Plan are subject to Section 409A of the Code (which relates to nonqualified deferred compensation), they will be interpreted and administered in good faith in accordance with Section 409A requirements and that the Compensation Committee will have the authority to amend any outstanding awards so that they are in compliance with Section 409A or qualify for an exemption from Section 409A. First Financial will not indemnify any participant for taxes or penalties imposed by Section 409A. To the extent required to avoid accelerated taxation and tax penalties under Code Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Plan during the six month period immediately following the participant’s termination of employment or service will instead be paid on the first payroll date after the six-month anniversary of the participant’s separation from service (or the participant’s death, if earlier).

The Code. The PlayBOX code is the core layer of the solution. Without this there would be only standard components which do not provide much functionality out of the box. The PlayBOX code ties the back-end components together, using the database, managing the media files and controlling the media player. The source code is encoded with the Zend Encoder (▇▇▇.▇▇▇▇.▇▇▇) to protect the Intellectual Property. See the section below on how the code is structured. Database: The database is yet an Open Source component, MySQL (▇▇▇.▇▇▇▇▇.▇▇▇), which is a scaled-sown, super-fast SQL database that takes care of indexing and retrieving all Meta data. The database is accessed from the PlayBOX code. Thanks to the object oriented code structure of PlayBOX, other databases can be utilized very easily. The Record Industry handling thousands simultaneous users on their servers may want to use a more industrial strength database engine such as Oracle – even though MySQL goes pretty much of the way. Media Files: mp3 files, lyrics, video sequences, URL’s etc. are stored in the file system on the computer’s hard disk. PlayBOX maintains a structure so that all files reside in a logical structure which can even be browsed and understood by the more advanced the database about the file structure and file locations.

The Code. For purposes of making tax allocations pursuant to Section 704(c) of the Code (including allocations pursuant to Section 1.704-1(b)(2)(iv) if a Revaluation Event occurs), the General Partner in its sole discretion shall determine the method or methods to be used by the Partnership.

The Code. Nothing in this Agreement shall in any way limit the Parties' obligations under the Code, and any uncontested rulings of the Panel as to the application of the Code in conflict with the terms of this Agreement shall take precedence over such terms. Nothing in this Agreement shall oblige TISE or the TISE Directors to recommend an Offer or a Scheme proposed by the Bidder or any member of the Bidder Group. The Parties agree that, if the Panel determines that any provision of this Agreement that requires TISE to take or not take action, whether as a direct obligation or as a condition to any other person’s obligation (however expressed), is not permitted by Rule 21.2 of the Code, that provision shall have no effect and shall be disregarded.

The Code. 9.1 Nothing in this Agreement shall in any way limit the parties’ obligations under the Code and any uncontested rulings of the Panel to the application of the Code in conflict with the terms of this Agreement (which shall take precedence over such terms).