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For the purposes of paragraph (2)(B), the term "due diligence" means that degree of attention, continuous directed effort, and timeliness as may reasonably be expected from, and are ordinarily exercised by, a person during a regulatory review period.
The term "State" means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.
Thus, if a donor or beneficiary (other than such public charity) directly or indirectly has general responsibilities with respect to the fund which are ordinarily exercised by a trustee, such fund does not meet the requirements of section 642(c)(5) and this paragraph.
Similar(57)
It will require that millions of men and women who do not ordinarily exercise their franchise — some sixty per cent in off-year elections — recognize the imperatives of citizenship.
these descriptions of how the Investor Defendants exercised control are the equivalent of "plain vanilla" characterizations of what directors ordinarily do..
Nor is there a common law duty for investors (even ones who collectively control the Board) "to remove copyrighted content," in light of the DMCA.... these descriptions of how the Investor Defendants exercised control are the equivalent of "plain vanilla" characterizations of what directors ordinarily do... and are expected to do.
p. 5178 (1958 ed). Title II provides for such a statutory proceeding for the determination of rights and duties arising thereunder, §§ 204 207, and courts should, therefore, ordinarily refrain from exercising their jurisdiction in such cases.
Title II provides for such a statutory proceeding for the determination of rights and duties arising thereunder, §§ 204-207, and courts should, therefore, ordinarily refrain from exercising their jurisdiction in such cases.
If the power exercised by a body has a legislative source, it will ordinarily be amenable to judicial review in the absence of compelling reasons to the contrary, but this is not an invariable rule and decisions without a sufficient public element will not be amenable to review.
The Court of Appeal clarified in Manjit Singh s/o Kirpal Singh v. Attorney-General (2013) that if the power exercised by a body has a legislative source, this will "ordinarily mean that it is amenable to judicial review in the absence of compelling reasons to the contrary".
The policy is triggered if the bank is put into insolvency proceedings and employees are found to have failed to apply their job with the "degree of skill and care an ordinarily prudent person in a like position would exercise under similar circumstances".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com