Alternative Technical Concepts Sample Clauses

Alternative Technical Concepts. (a) Any HTP Contractor may propose an alternative technical concept (“ATC”) under the terms of a relevant HTP procurement. The TSC shall conduct an analysis and make a recommendation regarding the ATC within ten (10) business days of the TSC’s receipt thereof, unless otherwise extended by the GDC CEO. The TSC shall provide a briefing on all proposed ATCs and present its analysis and recommendations during an executive session of the GDC Board. For the avoidance of all doubt, in the event that the TSC cannot present a unanimous recommendation it shall present arguments for and against any ATC when it briefs the GDC Board. Following the briefing, a determination on the ATC will be rendered by the TSC based on input and guidance provided by the GDC Board. All ATCs recommended for award at the conclusion of the procurement process shall be subject to the approval of the GDC Board at such time. (b) All persons briefed with respect to an ATC during an ongoing procurement shall maintain the confidentiality of such information and shall execute a procurement confidentiality agreement as may be required. (d) Appendix A- Definitions of the PDA is hereby amended by inserting the following new definitions in the appropriate alphabetical order:
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Alternative Technical Concepts. 3 Sections 3.1 through 3.8 set forth a process for pre-Proposal review of ATCs conflicting 4 with the requirements for design, construction and maintenance of the Project, or 5 otherwise requiring a modification of the Technical Provisions. This process is intended 6 to allow Proposers to incorporate innovation and creativity into the Proposals, in turn 7 allowing ADOT to consider Proposer ATCs in making the selection decision, to avoid 8 delays and potential conflicts in the design associated with deferring reviews of ATCs to 9 the post-award period, and, ultimately, to obtain the most value for the public. 10 ATCs eligible for consideration hereunder shall be limited to those deviations from the 11 technical requirements of the as-issued Contract Documents that result in quality and 12 performance (which phrase, as used in this Section 3.0, includes reliability and utility) of 13 the end product that is equal to or better than the quality and performance of the end 14 product absent the deviation, as determined by ADOT in its sole discretion. A concept 15 is not eligible for consideration as an ATC if, in ADOT’s sole judgment, it is premised 16 upon or would require or result in: (a) a reduction in the Basic Configuration or other scope of work set forth in 18 the as-issued Contract Documents, provided that a reduction in the Schematic ROW will 19 not render a concept ineligible for consideration as an ATC; (b) a reduction in quantities without achieving equal or better quality and 21 performance;
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Alternative Technical Concepts. 6.12.1 Developer acknowledges and agrees that: (a) it has sole responsibility for obtaining, and shall use good faith efforts to obtain, any Third Party approvals required to implement Alternative Technical Concepts; and (b) if any condition in LAWA’s pre-approval of an Alternative Technical Concept has not been met as of the Effective Date, Developer shall (i) ensure that such condition is satisfied before implementing the Alternative Technical Concept and (ii) use its good faith efforts to satisfy such condition. 6.12.2 If Developer cannot obtain any approval required to implement Alternative Technical Concepts, fails to satisfy any such condition, or fails in any other way to implement the approved Alternative Technical Concept: (a) Developer shall provide notice to LAWA’s Authorized Representative and shall comply with the corresponding baseline requirements (unmodified by the Alternative Technical Concept) at its cost, without any additional compensation, time extension or other basis for any Claim; and (b) to the extent an Alternative Technical Concept represented additional Work or higher quality materials from what is otherwise required by the Contract Documents and resulted in a total net increase in amounts payable by LAWA under the Contract Documents (accounting both for costs incurred during the D&C Period and the O&M Period), LAWA shall be entitled to a credit for the net present value of the reduced cost (using the Developer’s weighted average cost of debt projected in the Financial Model at Financial Close as the discount rate and calculated as of the Scheduled Financial Close Date) to Developer of reverting to the baseline requirements of the Contract Documents, including reduced costs relating to financing and equity investment. 6.12.3 Developer acknowledges and agrees that, to the extent that Developer uses any Unsuccessful Proposer’s Work Product submitted by any other proposer provided to Developer by XXXX, Developer does so at its sole risk, except to the extent otherwise provided by LAWA in writing, and such use shall in no way confer or be deemed to confer liability upon LAWA or the unsuccessful proposer. 6.12.4 Notwithstanding anything herein to the contrary, if implementation of an Alternative Technical Concept will require additional real property, Developer shall be responsible for paying for such real property and for any other costs, delays or other impacts related to such real property, without the right to a Change Order, irr...
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Related to Alternative Technical Concepts

  • Technical Consultations If a Party has a significant concern with respect to food safety, plant health, or animal health, or an SPS measure that the other Party has proposed or implemented, that Party may request technical consultations with the other Party. The Party that is the subject of the request should respond to the request without undue delay. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution.

  • Manufacturing Technology Transfer Upon AbbVie’s written request with respect to a given Collaboration CAR-T Product and Licensed Product, Caribou shall effect a full transfer to AbbVie or its designee (which designee may be an Affiliate or a Third Party Provider) of all Materials and Know-How Controlled by Caribou relating to the then-current process for the Manufacture of such Collaboration CAR-T Product and any corresponding Licensed Products (each, a “Manufacturing Process”). Caribou shall provide, shall cause its Affiliates to provide, and shall use Commercially Reasonable Efforts to assist AbbVie in causing all Third Party Providers to provide, all reasonable assistance requested by AbbVie to enable AbbVie (or its Affiliate or designated Third Party Provider, as applicable) to implement each Manufacturing Process at the facilities designated by AbbVie. If requested by AbbVie, such assistance shall include facilitating the entering into of agreements with applicable Third Party suppliers relating to such Collaboration CAR-T Product and any corresponding Licensed Products. Without limitation of the foregoing, in connection with the Manufacturing Process and related transfer: (a) Caribou shall, and shall cause its Affiliates to, make available to AbbVie (or its Affiliate or designated Third Party Provider, as applicable), and shall use Commercially Reasonable Efforts to assist AbbVie in causing all Third Party Providers to make available to AbbVie, from time to time as AbbVie may request, all Materials and Manufacturing-related Know-How Controlled by Caribou relating to each Manufacturing Process, including methods, reagents and processes and testing/characterization Know-How, and all documentation constituting material support, performance advice, shop practice, standard operating procedures, specifications as to Materials to be used, and control methods, that are necessary or reasonably useful to enable AbbVie (or its Affiliate or designated Third Party manufacturer, as applicable) to use and practice such Manufacturing Process; (b) Caribou shall cause all appropriate employees and representatives of Caribou and its Affiliates, and shall use Commercially Reasonable Efforts to assist AbbVie in causing all appropriate employees and representatives of Third Party Providers, to meet with employees or representatives of AbbVie (or its Affiliate or designated Third Party Provider, as applicable) at the applicable manufacturing facility at mutually convenient times to assist with the working up and use of each Manufacturing Process and with the training of the personnel of AbbVie (or its Affiliate or designated Third Party Provider, as applicable) to the extent necessary or reasonably useful to enable AbbVie (or its Affiliate or designated Third Party Provider, as applicable) to use and practice such Manufacturing Process; (c) Without limiting the generality of this Section 4.4.2, Caribou shall cause all appropriate analytical and quality control laboratory employees and representatives of Caribou and its Affiliates, and shall use Commercially Reasonable Efforts to assist AbbVie in causing all appropriate analytical and quality control laboratory employees and representatives of Third Party Providers, to meet with employees or representatives of AbbVie (or its Affiliate or designated Third Party Provider, as applicable) at the applicable manufacturing facility and make available all necessary equipment, at mutually convenient times, to support and execute the provision of all applicable analytical methods and the validation thereof (including all applicable Know-How, Information and Materials Controlled by Caribou, and sufficient supplies of all primary and other reference standards); (d) Caribou shall, and shall cause its Affiliates to, take such steps, and shall use Commercially Reasonable Efforts to assist AbbVie in causing Third Party Providers take such steps, as are necessary or reasonably useful to assist AbbVie (or its Affiliate or designated Third Party Provider, as applicable) in obtaining any necessary licenses, permits or approvals from Regulatory Authorities with respect to the Manufacture of the applicable Collaboration CAR-T Products and corresponding Licensed Products at the applicable facilities; and (e) Caribou shall, and shall cause its Affiliates to, provide, and shall use Commercially Reasonable Efforts to assist AbbVie in causing Third Party Providers to provide, such other assistance as AbbVie (or its Affiliate or designated Third Party Provider, as applicable) may reasonably request to enable AbbVie (or its Affiliate or designated Third Party Provider, as applicable) to use and practice each Manufacturing Process and otherwise to Manufacture the applicable Collaboration CAR-T Products and corresponding Licensed Products.

  • Software Development Software designs, prototypes, and all documentation for the final designs developed under this agreement must be made fully transferable upon direction of NSF. NSF may make the software design, prototype, and documentation for the final design available to competitors for review during any anticipated re-competition of the project.

  • Licensed Technology (a) LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY. (b) Exhibit A identifies each patent or registration which has been issued to LICENSOR with respect to any of the LICENSED TECHNOLOGY and identifies each pending patent application or application for registration which LICENSOR has made with respect to any of the LICENSED TECHNOLOGY. LICENSEE acknowledges that LICENSOR has previously made available to LICENSEE correct and complete copies of all such patents, registrations and applications (as amended to-date) in LICENSOR’s possession and has made available to LICENSEE correct and complete copies of all other written documentation in LICENSOR’s possession evidencing ownership and prosecution (if applicable) of each such item. (c) Exhibit A identifies each item of LICENSED TECHNOLOGY that is assigned to LICENSOR or that LICENSOR uses pursuant to license, sublicense, agreement, or permission. LICENSOR has made available to LICENSEE correct and complete copies of all such licenses, sublicenses, agreements, patent prosecution files and permissions (as amended to-date) in LICENSOR’s possession. With respect to each item of LICENSED TECHNOLOGY required to be identified in Exhibit A and to the knowledge of LICENSOR: (i) the license, sublicense, agreement, or permission covering the item is legal, valid, binding, enforceable, and in full force and effect; (ii) the license, sublicense, agreement, or permission will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; (iii) no Party to the license, sublicense, agreement, or permission is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default or permit termination, modification, or acceleration thereunder; (iv) no party to the license, sublicense, agreement, or permission has repudiated any provision thereof; (v) the underlying item of LICENSED TECHNOLOGY is not subject to any outstanding lien or encumbrance, injunction, judgment, order, decree, ruling, or charge; (vi) no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or is threatened which challenges the legality, validity, or enforceability of the underlying item of LICENSED TECHNOLOGY; and (vii) except as provided in Exhibit A, LICENSOR has not granted any license or similar right to the LICENSED TECHNOLOGY within the GENERAL FIELD or PARTHENOGENESIS FIELD.

  • New Technology When new or updated technology is introduced into a workplace, it will be the responsibility of the employer to provide appropriate and, if necessary, ongoing training to the employees directly affected. Such training will include any health and safety implications or information that will enable employees to operate the equipment without discomfort and will help maintain their general well-being.

  • Technical Feasibility of String While ICANN has encouraged and will continue to encourage universal acceptance of all top-­‐level domain strings across the Internet, certain top-­‐level domain strings may encounter difficulty in acceptance by ISPs and webhosters and/or validation by web applications. Registry Operator shall be responsible for ensuring to its satisfaction the technical feasibility of the TLD string prior to entering into this Agreement.

  • Technical Interfaces 3.2.6.1 The Interconnection facilities provided by each Party shall be formatted using either Alternate Xxxx Inversion (AMI) line code with Superframe format framing or Bipolar 8-Zero Substitution with Extended Superframe (B8ZS ESF) format framing or any mutually agreeable line coding and framing.

  • Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

  • Background Technology List here prior contracts to assign Inventions that are now in existence between any other person or entity and you.

  • Technical Proposal The technical proposal may be presented in free format. It shall not exceed ten pages, not counting the CVs. It shall respect the following page limit and structure: • Technical methodology (max. 7 pages) • Quality management (max. 1 page) • Project management (max. 1 page) • Resource management (proposal (max. 1 page) + CVs of experts)

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