Basis for Determination i. Unless otherwise authorized in writing by the Vice President of BDDD, a department may only require proposers to address a project goal by means of a compliance plan under the following conditions:
A. The project solicitation must include the procurement of construction services.
B. At the time of solicitation, the project design must not be complete or at a level of completeness allowing for final competitive pricing proposal; and
C. The project solicitation must not require a lump sum price proposal or the construction of the project upon which a contract award will be made.
Basis for Determination. The Commission shall consider the fac- tors set forth in clause (i) as a whole in making a determination of whether fur- ther dumped or subsidized imports are im- minent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted under this subtitle. The pres- ence or absence of any factor which the Commission is required to consider under clause (i) shall not necessarily give deci- sive guidance with respect to the deter- mination. Such a determination may not be made on the basis of mere conjecture or supposition.
Basis for Determination. Unless otherwise authorized in writing by the Vice President of BDDD, a department may only require proposers to address a project goal by means of a compliance plan under the following conditions:
Basis for Determination. Whenever the Tubridgi Parties prepare an invoice for a given month, the Quantity of Gas shown in that invoice to have been delivered (or estimated to have been delivered) will be determined by the Tubridgi Parties in accordance with the Agreement.
Basis for Determination. Costs will be determined in general accord with the budget, which is included in Exhibit A, and subject to the terms of this Agreement.
Basis for Determination. The Cost-of-Living formula will be based on the Consumer Price Index 1986 = 100 as published monthly by Statistics Canada, using 139.373 = 0c as the base point. 932 In the event Statistics Canada ceases monthly publication of such Consumer Price Index in its present form, 1986 = 100, this section shall be of no further force and effect; and the Company and the Union shall enter into negotiations with respect to a substitute cost-of-living index. 933 The Cost-of-Living Adjustment movement up or down will be based on (1c) cent for each point zero- nine-six (0.096) change in the three (3) month average of the CPI as published by Statistics Canada for the appropriate period. 934 In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 0.001 Index point - i.e. .0005 and greater rounded upward and less than .0005 downward. 935
Basis for Determination. The presence or absence of any factor which the Commission is required to consider under this subsection shall not necessarily give deci- sive guidance with respect to the Commis- sion’s determination of whether material in- jury is likely to continue or recur within a reasonably foreseeable time if the order is re- voked or the suspended investigation is termi- nated. In making that determination, the Commission shall consider that the effects of revocation or termination may not be immi- nent, but may manifest themselves only over a longer period of time.
Basis for Determination. The State and/or County Tax Assessor’s valuations and assessments and the betterment or improvement law or other assessments or charges shall be the basis for determining the real property taxes and the assessments or charges made under any betterment or improvement law or otherwise, respectively, attributable to the Demised Premises if the Demised Premises are separately assessed or charged. Tenant’s pro rata share shall be determined by the ratio Tenant’s gross leasable area, including storage, office, leased lanais, roof decks and mezzanine areas, as it bears to all gross leasable areas in the portion of the Belt Xxxxxxx Center assessed. In the event the area of Tenant’s premises shall be changed or the aggregate areas in the portion of the Belt Xxxxxxx Center shall at any time in the future be changed, as for example by developing additional areas, Tenant’s pro rata share shall be effective upon the date of change and recomputed by Landlord within a reasonable time after receipt of the assessment.
Basis for Determination. Google shall determine whether a Book is Commercially Available or not Commercially Available based on its analysis of multiple third-party databases as well as its analysis of the Book’s retail availability based on information that is publicly available to it on the Internet. Google will use third-party databases from a range of United States, Canadian, United Kingdom, and Australian sources that can be obtained on fair and commercially reasonable terms. When analyzing the third-party databases, Google will use the publishing status, product availability and/or availability codes to determine whether or not the particular database being used considers that Book to be Commercially Available. When analyzing information that is publicly available to it on the Internet, Google will determine retail availability by consulting various sources to determine whether the Book is Commercially Available. Each of these sources may contain errors; Google, however, shall use commercially reasonable efforts to determine whether a Book is Commercially Available or is not Commercially Available using a methodology reasonably agreed to by Google and the Registry that is designed to minimize the overall error rate. All Books for which Google does not have information from the sources identified above will be determined to be not Commercially Available. Rightsholders may provide information directly to Google that a Book is Commercially Available when they submit their Claim Forms, through the Books Database or, at any time after such submission, to Google or the Registry. When Google receives such information from Rightsholders or the Registry or Rightsholders otherwise assert that their Books are Commercially Available, such Books promptly shall be classified as Commercially Available. If Google reasonably believes that such information or assertion is inaccurate, then Google may challenge the classification pursuant to Article IX (Dispute Resolution).
Basis for Determination. The amount of Cost of Living Adjustment shall be determined in accordance with changes in the Consumer Price Index (2002 equals 100.0) as published by Statistics Canada, hereinafter referred to as C.P.I.
