Availability of ‘pricing Sample Clauses

Availability of ‘pricing information’ under the CA to PUHs and Access Seekers Aurizon Network does not support the QCA’s position that the Trustee may disclose ‘pricing information’ to PUHs or Access Seekers where it is reasonable to do so21. ‘Pricing information’ is commercially sensitive pricing or cost information in respect of 20CA that forms part of the DD, clause 2.2(a)(iv)(A) 21CA that forms part of the DD, clause 8.7(b)(ii) Aurizon Network itself and its CA sub-contractors or suppliers. The QCA has stated that the CA is based on the principle that SUFA is a financing tool. Given this principle, it is not apparent why investors in the financing tool, and customers of capacity created by that financing tool, would need to have access to commercially sensitive construction contract information The ‘pricing information’ will be made available to the Independent Certifier, the Trustee and the QCA, which are the parties that have a ‘need to know’ for the purpose of a SUFA transaction. Broader dissemination of such information is significantly out of line with normal practice in the Australian construction sector. The availability of commercially sensitive contract information proposed by the QCA in the CA could, given the potential number of PUHs and Access Seekers, result in this information becoming widely known by competing players in the Australian market for project delivery services and supplies. For construction contracts between private sector principals and contractors this sort of information is almost never available to other parties. Also commercially sensitive contract information is customarily withheld from any public disclosure of construction contracts between public sector principals and contractors. The PUHs and Access Seekers are likely to include many potential customers of design, construction and supply services of Aurizon Network, its sub-contractors and suppliers. Aurizon Network, its sub-contractors and suppliers are active players in the Queensland market for construction services and supplies for projects unrelated to SUFA and outside the regulatory scope of the QCA. Accordingly the availability of ‘pricing information’ to PUHs and Access Seekers may prejudice the ability of Aurizon Network, its sub-contractors and suppliers to price their services to those PUHs and Access Seekers in respect of other business opportunities (unrelated to SUFA). Such an outcome would be prejudicial to Aurizon Network’s legitimate business interests in being able to prov...
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Related to Availability of ‘pricing

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. PART 2 - ENGAGEMENT

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Non-Availability of Funds Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

  • Termination for Unavailability of Funds In the event of reduction, suspension, discontinuance or other unavailability of funds, CITY unilaterally may take appropriate action(s) including, but not limited to, immediately canceling or reducing existing service authorization, stopping or reducing further referrals of individuals, and/or reducing the maximum dollar amount of this AGREEMENT. CITY shall give GRANTEE no less than sixty (60) business days’ advance written notice of the action(s) CITY intends to take as a result of the unavailability of funds. CITY shall not be liable for start-up costs, or lost profits in the event of early termination.

  • Availability of PHI for Amendment Modernizing Medicine shall provide PHI in EMA to Medical Practice for amendment, and incorporate any such amendments in the PHI (for so long as Modernizing Medicine maintains such information in the Designated Record Set), in accordance with this Addendum and as required by 45 C.F.R. § 164.526. If Modernizing Medicine receives a request for amendment to PHI directly from an Individual, Modernizing Medicine shall forward such request to Medical Practice within ten (10) business days. Medical Practice shall have the sole responsibility for determining whether to approve an amendment to PHI and to make such amendment.

  • Applicability of ¶ 2501 Local Church acknowledges and agrees that pursuant to ¶ 2501 of the Discipline, the Local Church holds all its property, real and personal, tangible and intangible, in trust for the benefit of The United Methodist Church, including the Real Property and Personal Property, and the Local Church will not take any actions that are inconsistent therewith or opposing or negating the same.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

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