Basket Provision. The Company agrees to make available a basket provision of up to three cents ($0.03) per hour worked, should it be required, to maintain the current benefit levels. The Company shall be provided with financial data from the Trustees of the Plan to substantiate the required contribution increase.
Basket Provision. After the Competitive Evaluation, if an Enhanced Whitepaper is eligible for award, it will be placed in the Basket. The Basket is a current and searchable electronic file of all proposals that are eligible for award, but have not yet been selected for award. Unless otherwise indicated by the NAC Member, submitted proposals shall be valid for three (3) years from the date the corresponding ROTI closed (Enhanced Whitepaper due date). A NAC Member can withdraw a proposal at any time and for any reason. A proposal in the Basket will maintain its technical evaluation results and ratings. Another primary objective of this Agreement is to provide the Government with a large and diverse set of potential projects. The Government recognizes that although a proposal is not selected for award by the Government customer that initially solicited for the requirement, additional funding may become available at a later date or another Government customer may find the project of value. When a proposal in the Basket is selected based upon the Competitive Evaluation or is identified at a later time, the selecting Government customer must document the decision, with substantiating rationale, in a Selection Memo. This rationale will discuss why that proposal is of greater value than other similarly situated proposals. The Government can award all or a portion of the selected proposal, but the scope of the project that was originally proposed shall remain substantially the same. In other words, the Government customer cannot substantially change the focus of the work proposed, or significantly scale the proposal beyond what was initially proposed. Once a proposal from the Basket is awarded, it is removed from the Basket and no longer available, regardless of whether the Government customer awarded all or a portion of the selected proposal. If the membership of a NAC Member is discontinued, all of the NAC Member’s proposals in the Basket in which it is designated as the prime will be immediately removed, regardless of whether the NAC Member later decides to reactivate its membership. The CMF shall manage the Basket for the Government and the NAC, ensuring that it is both current and searchable.
Basket Provision. Except as otherwise provided in Section 13.04, no indemnification shall be payable by Seller until the aggregate Losses incurred by all of Purchaser’s Indemnified Persons exceed Fifty Thousand Dollars ($50,000.00) at which xxxx Xxxxxx and Seller Shareholders shall be responsible for all such Losses in excess of Fifty Thousand Dollars ($50,000.00).
Basket Provision. Notwithstanding anything to the contrary contained herein, Seller shall not be liable under this Section 6 until the aggregate amount of all Losses for which it would otherwise be liable exceeds Thirty-Two Thousand Five Hundred Dollars ($32,500) (the “Basket Amount”), in which event Seller shall be required to pay or be liable for all Losses from the first dollar; provided, however, that the Basket Amount shall not apply to Losses incurred in connection with a breach of any Fundamental Representation or any fraud or intentional misrepresentation.
Basket Provision. With the express exception of the Covenant Not to Compete set forth in Exhibit 2.4 and Seller’s Indemnification of Buyer under Section 10.1(e), all parties to this Agreement are precluded from bringing a claim under this Article X against the other party unless and until the claims exceed two (2) percent of the Purchase Price.
Basket Provision. (a) The Employer agrees that should the Health & Welfare Plan reserve be below $500,000 on March 1, 1997, the Employer contribution to the Plan will increase by two cents ($0.02) for each hour of employment performed by an employee covered by this Agreement.
(b) The Employer agrees that should the Health & Welfare Plan reserve be below $500,000 on December 1, 1998, the Employer contribution to the Plan will increase by two cents ($0.02) for each hour of employment performed by an employee covered by this Agreement.
