Communication of Award. Each Award Agreement evidencing an Award of Performance Shares or Performance Units shall contain provisions regarding # the target and maximum amount payable to the Participant pursuant to the Award, # the performance criteria and level of achievement versus these criteria that shall determine the amount of such payment, # the Performance Period over which performance shall be measured for determining the amount of any payment, # the timing of any payment earned based on performance, # restrictions on the alienation or transfer of the Award prior to actual payment, # forfeiture provisions and # such further terms and conditions, in each case not inconsistent with this Plan, as may be determined from time to time by the Committee.
Permits and Environmental Concerns. Seller will obtain and complete all requirements related to Storm Water Pollution Prevention Plans (“SWPPP”) as required by applicable local, state and federal authorities and maintain the same during the development of the lots within the Property. Upon Closing, Seller will deliver to Buyer satisfactory approval from the appropriate authority/agency regarding storm water quality that all BMP’s are installed and maintained per the SWPPP. Upon Closing, Seller shall transfer (to the extent transferrable) the stormwater permit to Buyer and Buyer shall assume all responsibility for future maintenance and installation and Seller shall be released from liability thereon. Seller shall have caused all FEMA requirements to have been met for a home on any lot to be exempted from purchasing flood insurance and no portion of any house pad site (it being understood that some portions of some lots are within a flood plain) is to be located in a FEMA defined flood plain. Seller’s principals have no actual knowledge that the Property has been or is presently used for handling, storage, manufacturing, refining, transportation or disposal of “toxic material”, “hazardous substances”, or “hazardous waste”. If “hazardous wastes”, “hazardous substances”, or “hazardous material” is located on the Property, as determined by a Phase I or permitted Phase II environmental assessment obtained by the Buyer, then Buyer shall have the right to terminate this Agreement during the Inspection Period pursuant to Paragraph 4 above.
Protection of Digital Computer and Communication Systems and Networks. Service Provider understands that Owners are required under 10 C.F.R. § 73.54 to assure all Services performed related to digital computer and communication systems and networks are adequately protected against cyber-attacks, including the design basis threat described in 10 C.F.R. § 73.1, or Services associated with # safety-related and important-to-safety functions, # security functions, # emergency preparedness functions, and # support systems and equipment which if compromised, would adversely impact safety, security, or emergency preparedness functions. Service Provider agrees that all related Services performed by Service Provider will be performed in compliance with Owners’ cyber security plan.
The Company is not in violation of any applicable statute, law or regulation relating to the environment or occupational health and safety.
Except as would not have a Material Adverse Effect:
Service Provider acknowledges that, in connection with its provision of Workers under this Agreement, it and its personnel, agents and subcontractors may be subject to laws, regulations and policies involving matters within the regulatory responsibility of the U.S. Nuclear Regulatory Commission (the “NRC”). These laws, regulations, and policies include [Section 211] of the ERA, 10 C.F.R. § 50.7, the NRC’s May 14, 1996 Policy Statement of “Freedom of Employee in the Nuclear Industry to Raise Safety Concerns Without Fear of Retaliation” (61 Federal Register 24336), and the NRC’s “Final Safety Culture Policy Statement” (June 14, 2011). The Parties agree to abide by such laws, regulations and policies, agree to maintain a working environment where Workers are free to raise safety concerns, and agree to not harass, intimidate, take adverse employment action against, or otherwise retaliate against any Worker because they bring or have brought matters related to this Agreement or related to the facility or location to which they are assigned or similar matters to the attention of the NRC, any state authority possessing authority delegated from the NRC, the U.S. Department of Labor or to any representative of Customer or to any other person or third party.
District Vice Presidents will communicate this Plan to all employees who come under its provisions. As soon as the Plan has been read to or by an employee, the employee will sign a statement acknowledging that he/she fully understands the Management Incentive Plan and agrees to its provisions. Such statements will be signed on G. I. 16.3 [Attachment A] and will be retained in the District Vice President's files for review by Internal Auditors.
Protected Activity. (A) Employee understands and acknowledges that nothing in this Agreement prohibits, penalizes, or otherwise discourages them from reporting, providing testimony regarding, or otherwise communicating any nuclear safety concern, workplace safety concern, or public safety concern to the U.S. Nuclear Regulatory Commission (NRC) or the U.S. Department of Labor (DOL). Employee further understands and acknowledges that the provisions of this Agreement are not intended to restrict their communication with, or full cooperation in, proceedings or investigations by any agency relating to nuclear regulatory or safety issues. Employee understands that nothing in the Agreement waives their right to file a claim with the DOL pursuant to Section 211 of the Energy Reorganization Act, but the Employee expressly waives their right to recover any and all damages or other equitable relief, including, but not limited to reinstatement, back pay, front pay, compensatory damages, attorney fees or costs, that may be awarded to the Employee by the DOL as a result of such a claim.
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# shall provide commercially reasonable support as requested by to address and correct quality concerns.
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