ABX REVIEW Sample Clauses

ABX REVIEW. (a) Within thirty (30) days of receiving an Option Notice from JTI (the "Review Period"), ABX shall notify JTI in writing as to whether any of the conditions set forth in this Section 3.2.2 (each such condition, an "Impediment") exist as of the date upon which ABX receives the Option Notice with respect to each Permitted Antigen which is the subject of such Option Notice, and shall represent the same in such notice. In such event, ABX shall provide to JTI a reasonable description of such Antigen, such Impediment and the date upon which such Impediment arose; PROVIDED THAT in the event that ABX reasonably believes that such a disclosure may cause ABX to breach a confidentiality obligation, the Parties shall discuss in good faith a reasonable resolution to such situation. If ABX notifies JTI that an Impediment exists with respect to the Permitted Antigen that is the subject of the Option Notice, JTI shall not have the right to obtain an Option for such Permitted Antigen. Impediments are as follows: (i) The Permitted Antigen identified by JTI is not available to JTI for an Option because: (1) ABX is a party to an existing exclusive product license agreement with a Third Party with respect to such Permitted Antigen; or (2) ABX has granted an option to a Third Party to acquire a license to such Permitted Antigen, or is [*] with respect to such Permitted Antigen; or [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (3) ABX or its Affiliates are, at the time such Option Notice is given, engaged in good faith discussions with a Third Party whereunder ABX or its Affiliates may grant to such Third Party an exclusive license or option to obtain an exclusive license with respect to such Permitted Antigen, [*] relating to such Permitted Antigen; (ii) Such Permitted Antigen is claimed or disclosed in an issued U.S. patent or a pending U.S. patent application, which U.S. patent or application is Controlled by ABX and contains one or more claims to the following: (1) [*] (2) [*] (3) [*] (4) [*] and [*] and (5) [*] or (iii) ABX or its Affiliates have already initiated an active research program (either internally or externally with a Third Party) regarding such Permitted Antigen, have immunized XenoMouse Animals with such Permitted Antigen [*] of a XenoMouse Animal with such Permitted Antigen) and are diligently pursuing such research program (ei...
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ABX REVIEW. Within [*] days of receiving an Evaluation Notice from GNE, ABX shall notify GNE as to whether any of the conditions set forth under Section 3.1.2 (i)-(iii) below (each such condition, an "Impediment") exist with respect to each Specified Antigen which is the subject of such Evaluation Notice, and if so, ABX shall provide to GNE a reasonable description of such Impediment, subject to any confidentiality restrictions to which ABX may be a party. If ABX notifies GNE that an Impediment exists with respect to the Specified Antigen that is the subject of the Evaluation Notice, GNE shall not have the right to obtain an Evaluation Position for such Specified Antigen, provided, however, that if ABX has Selected a Specified Antigen for its own account under Section 3.1.2 (i) below, ABX agrees to discuss with GNE the possibility of entering into a collaboration with respect to such Specified Antigen. Impediments are as follows: -------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 7 (i) the Specified Antigen identified by GNE is not available to GNE for an Evaluation Position and cannot be Selected by ABX because under the terms of the Xenotech Agreement [*]; (ii) the Antigen so identified by GNE is at the time that ABX receives the Evaluation Notice for such Specified Antigen, an Excluded Antigen; or (iii) as evidenced by written records prior to the date of the Evaluation Notice relating to such Specified Antigen, ABX or its Affiliates [*].

Related to ABX REVIEW

  • Program Review The State ECEAP Office will conduct a review of each contractor’s compliance with the ECEAP Contract and ECEAP Performance Standards every four years. The review will involve ECEAP staff and parents. After the Program Review, the State ECEAP Office will provide the contractor with a Program Review report. The contractor must submit an ECEAP Corrective Action Plan for non-compliance with ECEAP Performance Standards. The Plan must be approved by the State ECEAP Office.

  • Log Reviews All systems processing and/or storing PHI COUNTY discloses to 11 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY 12 must have a routine procedure in place to review system logs for unauthorized access.

  • Independent Review Contractor shall provide the Secretary of ADS/CIO an independent expert review of any Agency recommendation for any information technology activity when its total cost is $1,000,000.00 or greater or when CIO requires one. The State has identified two sub-categories for Independent Reviews, Standard and Complex. The State will identify in the SOW RFP the sub-category they are seeking. State shall not consider bids greater than the maximum value indicated below for this category. Standard Independent Review $25,000 Maximum Complex Independent Review $50,000 Maximum Per Vermont statute 3 V.S.A. 2222, The Secretary of Administration shall obtain independent expert review of any recommendation for any information technology initiated after July 1, 1996, as information technology activity is defined by subdivision (a) (10), when its total cost is $1,000,000 or greater or when required by the State Chief Information Officer. Documentation of this independent review shall be included when plans are submitted for review pursuant to subdivisions (a)(9) and (10) of this section. The independent review shall include: • An acquisition cost assessment • A technology architecture review • An implementation plan assessment • A cost analysis and model for benefit analysis • A procurement negotiation advisory services contract • An impact analysis on net operating costs for the agency carrying out the activity In addition, from time to time special reviews of the advisability and feasibility of certain types of IT strategies may be required. Following are Requirements and Capabilities for this Service: • Identify acquisition and lifecycle costs; • Assess wide area network (WAN) and/or local area network (LAN) impact; • Assess risks and/or review technical risk assessments of an IT project including security, data classification(s), subsystem designs, architectures, and computer systems in terms of their impact on costs, benefits, schedule and technical performance; • Assess, evaluate and critically review implementation plans, e.g.: • Adequacy of support for conversion and implementation activities • Adequacy of department and partner staff to provide Project Management • Adequacy of planned testing procedures • Acceptance/readiness of staff • Schedule soundness • Adequacy of training pre and post project • Assess proposed technical architecture to validate conformance to the State’s “strategic direction.” • Insure system use toolsets and strategies are consistent with State Chief Information Officer (CIO) policies, including security and digital records management; • Assess the architecture of the proposed hardware and software with regard to security and systems integration with other applications within the Department, and within the Agency, and existing or planned Enterprise Applications; • Perform cost and schedule risk assessments to support various alternatives to meet mission need, recommend alternative courses of action when one or more interdependent segment(s) or phase(s) experience a delay, and recommend opportunities for new technology insertions; • Assess the architecture of the proposed hardware and software with regard to the state of the art in this technology. • Assess a project’s backup/recovery strategy and the project’s disaster recovery plans for adequacy and conformance to State policy. • Evaluate the ability of a proposed solution to meet the needs for which the solution has been proposed, define the ability of the operational and user staff to integrate this solution into their work.

  • Post Review With respect to each contract not governed by paragraph 2 of this Part, the procedures set forth in paragraph 4 of Appendix 1 to the Guidelines shall apply.

  • Project Review A. Programmatic Allowances 1. If FEMA determines that the entire scope of an Undertaking conforms to one or more allowances in Appendix B of this Agreement, with determinations for Tier II Allowances being made by SOI-qualified staff, FEMA shall complete the Section 106 review process by documenting this determination in the project file, without SHPO review or notification. 2. If the Undertaking involves a National Historic Landmark (NHL), FEMA shall notify the SHPO, participating Tribe(s), and the NPS NHL Program Manager of the NPS Midwest Regional Office that the Undertaking conforms to one or more allowances. FEMA shall provide information about the proposed scope of work for the Undertaking and the allowance(s) enabling FEMA’s determination. 3. If FEMA determines any portion of an Undertaking’s scope of work does not conform to one or more allowances listed in Appendix B, FEMA shall conduct expedited or standard Section 106 review, as appropriate, for the entire Undertaking in accordance with Stipulation II.B, Expedited Review for Emergency Undertakings, or Stipulation II.C, Standard Project Review. 4. Allowances may be revised and new allowances may be added to this Agreement in accordance with Stipulation IV.A.3, Amendments. B. Expedited Review for Emergency Undertakings

  • Periodic Review The General Counsel shall periodically review the Procurement Integrity Procedures with OSC personnel in order to ascertain potential areas of exposure to improper influence and to adopt desirable revisions for more effective avoidance of improper influences.

  • Utilization Review NOTE: The Utilization Review process does not apply to Services that are not covered by Blue Shield because of a coverage determination made by Medicare. State law requires that health plans disclose to Subscribers and health plan providers the process used to authorize or deny health care services un- der the plan. Blue Shield has completed documen- tation of this process ("Utilization Review"), as required under Section 1363.5 of the California Health and Safety Code. To request a copy of the document describing this Utilization Review pro- cess, call the Customer Service Department at the telephone number indicated on your Identification Card.

  • Exclusion Review Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was in material breach of this CIA and, if so, whether: a. Good Shepherd cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd had begun to take action to cure the material breach; (ii) Good Shepherd pursued such action with due diligence; and (iii) Good Shepherd provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd, only after a DAB decision in favor of OIG. Good Shepherd’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd, Good Shepherd shall be reinstated effective on the date of the original exclusion.

  • Agreement Review If, pursuant to section 25.10 (Review of Agreement) of the Bilateral Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and in a manner that is consistent with such changes.

  • Periodic Reviews During January of each year during the term hereof, the Board of Directors of the Company shall review Executive's Annual Salary, bonus, stock options, and additional benefits then being provided to Executive. Following each such review, the Company may in its discretion increase the Annual Salary, bonus, stock options, and benefits; however, the Company shall not decrease such items during the period Executive serves as an employee of the Company. Prior to November 30th of each year during the term hereof, the Board of Directors of the Company shall communicate in writing the results of such review to Executive.

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