2General. The Judicial Council may terminate this SLA for any reason, upon fifty (50) calendar days written notice to Licensee with a copy to any Lender whose name and contact information has been provided by Licensee to the Judicial Council. In the event the Judicial Council terminates this SLA pursuant to this section none of the Parties shall be in default solely as a result of the Judicial Council’s election to terminate hereunder, and Licensee shall, upon the Judicial Council’s request, fulfill its obligations under Section 11.1. Provided that Licensee was in compliance with this SLA at the time of the Judicial Council’s notice as provided above and Licensee continues to be in compliance with this SLA through the completion of its obligations under Section 11.1 hereof, the Judicial Council shall within sixty (60) calendar days of the Judicial Council’s acceptance of Licensee’s performance of its obligations under Section 11.1 pay Licensee its actual damages established according to proof. No actual damages established according to proof shall be due if the Parties mutually agree to the Judicial Council’s purchase of the System at such price as may be agreed between them based on the fair market value of the System and as consented to by the Lender.
2General. Borrower shall have delivered the following documents in form and substance acceptable to Agent in its sole discretion (and, as applicable, duly executed):
2General. (a)The parties acknowledge and agree:
2General. The effectiveness of the iCLM personal offers is highly dependent on communicating these offers to customers at the right time and the right context. iCLM will calculate on demand (per request) optional new offers for each subscriber, given the subscriber’s up-to-date information. These offers, along with offers that were already activated for the subscriber, will be categorized (e.g., TU offers, spend offers, data offers, etc.). This mechanism is referred to as Offers-On-Demand (OOD). 3Flow For each request that MK2/ the mini site initiates to iCLM, the response will be optional multiple offers, divided into categories. Some of the offers require explicit selection by the subscriber (e.g., selecting an offer to buy a new data bundle). Other offers do not require such explicit selection by the subscriber (e.g., TU offer), in which case MK2 / the mini site may be required to assume that once the offer is presented to the subscriber, the offer is implicitly “selected”, and it should initiate a selection request to iCLM. 4Interface Specifications iCLM will expose a Web Service for the purpose of integrating with Kyivstar’s MK2 system and the mini site. The transport protocol is SOAP/HTTP(S). The web service will support the following operations: getOffers – to retrieve categorized offers (in a tree structure) for a subscriber selectOffer – to indicate the selection of a certain offer by the subscriber reportVisitedCategory – to allow feedback into the decisioning system regarding subscribers’ interest reportVisitedOffer – to allow analyzing subscribers’ behavior The interface definition is “generic” in its nature and supports more operations and a few channels. For the purpose of this integration only the above operations are relevant, using the MK2 and mini-site channels.
2General. 1.2.1As used in this Agreement:
2General. Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.
2General. Any loss, cost, liability, damage or expense (including reasonable attorneys' fees and expenses) incurred by Bank in investigating, preparing for, defending against, providing evidence, producing documents or taking other action in respect of any commenced or threatened litigation, administrative proceeding, suit instituted by any Person or investigation under any law, including any federal securities law, Bankruptcy Code, any relevant state corporate statute or any other securities law, bankruptcy law or law affecting creditors generally of any jurisdiction, or any regulation pertaining to any of the foregoing, or at common law or otherwise, relating, directly or indirectly, to the transactions contemplated by or referred to in, or any other matter related to, the Credit Documents, whether or not Bank is a party to such litigation, proceeding or suit, or is subject to such investigation, except to the extent of any gross negligence or willful misconduct of Bank.
2General. (1)During the term of this Agreement, THMG:
2General. This Agreement shall in no way affect the rights and obligations of the Administrations arising from the Constitution and Convention of the International Telecommunication Union (ITU), the administrative Regulations and Agreements concluded within the framework of the ITU as well as other pertinent inter-governmental agreements. Administrations shall assign frequencies exclusively in accordance with the provisions of this Agreement. If co-ordination is required, it shall be done prior to the putting into operation of the radio station affected. If necessary, the Administrations may agree on provisions that are different from or supplementary to the provisions of this Agreement, which, however, must not adversely affect Administrations that are not concerned. The Fixed and Land Mobile Services which do not come under the responsibility of the Administrations or which usage is restricted for national defence purposes or for which information is not available due to security reasons shall not be governed by the provisions of this Agreement unless otherwise provided for. In the case of the Land Mobile Service the effective radiated power and the effective antenna height of stations shall be chosen so that their range is confined to the area to be covered. Excessive antenna heights and transmitter outputs shall be avoided by using several locations and low effective antenna heights. Directional antennas shall be used in order to minimise the potential of interference to the neighbouring country. The maximum cross-border ranges of harmful interference for frequencies requiring co-ordination are given in Annex 1. The effective radiated power and the antenna height of stations in the Fixed Service shall be chosen according to the radio links lengths and the required quality of service. Excessive antenna heights, excessive transmitter outputs and too low antenna directivities shall be avoided in order to minimise the potential of interference to the country affected.
