Capacity Review Sample Clauses

Capacity Review. (a) Within 20 Business Days after Aurizon Network delivers the Rail Study Report to the Study Funder under clause 7.4, All Study Funders and Aurizon Network, may jointly appoint, all parties acting reasonably, a suitably skilled and experienced consultant approved by Aurizon Network (acting reasonably) (Capacity Reviewer) to review the Capacity Model (Capacity Review). (b) The costs and expenses of a Capacity Reviewer and of the Capacity Review must be borne solely by All Study Funders. (c) Prior to undertaking a Capacity Review, the Study Funder must ensure that the Capacity Reviewer provides Aurizon Network with a signed undertaking from the Capacity Reviewer in favour of Aurizon Network in a form reasonably acceptable to Aurizon Network in relation to the use, disclosure and confidentiality of information.

Capacity Review. (a) Within 20 Business Days after Aurizon Network delivers the Rail Study Report to the Study Funder under clause 7.4, All Study Funders may jointly appoint a suitability skilled and experienced consultant approved by Aurizon Network (acting reasonably) (Capacity Reviewer) to review the Capacity Model (Capacity Review). (b) The costs and expenses of a Capacity Reviewer and of the Capacity Review must be borne solely by All Study Funders. (c) Prior to undertaking a Capacity Review, the Study Funder must ensure that the Capacity Reviewer provides Aurizon Network with a signed undertaking from the Capacity Reviewer in favour of Aurizon Network in a form reasonably acceptable to the Aurizon Network in relation to the use, disclosure and confidentiality of information. (d) For a period of 20 Business Days after the date the Capacity Reviewer provides Aurizon Network with the undertaking referred to in clause 10.5(c), Aurizon Network must: (i) give the Capacity Reviewer reasonable access during normal business hours to the Capacity Model and all records of Aurizon Network relevant to the Capacity Review; and (ii) otherwise provide reasonable assistance and co-operation to the Capacity Review in relation to the conduct of the Capacity Review. (e) The Study Funder acknowledges that the undertaking referred to in clause 10.5(c) will, amongst other matters, require the Capacity Reviewer to keep confidential, and not disclose to the Study Funder, any information which, if disclosed to the Study Funder by Aurizon Network, would give rise to a breach a contractual or other obligation (including an equitable obligation of confidence) by Aurizon Network.

Capacity Review. 6.1. Where the Capacity Review Criteria set out in Annex 2 of this Schedule 2 are satisfied, the Provider must by notice in writing, request the Commissioner participate in a Capacity Review of the activity, to determine whether the Provider should be exempted from any financial adjustment which the Commissioner may otherwise be entitled to apply 6.2. Where the Capacity Review Criteria set out in Annex 2 are satisfied and it is not feasible for Commissioner or Provider to reduce demand, the Commissioner and Provider must agree on a revised activity plan and associated unit prices, before activity is delivered. 6.3. The Commissioner and Provider must collaboratively commence the Capacity Review within 10 Operational Days of receipt of the said notice. 6.4. The Capacity Review must consider: 6.4.1. any constraints on the physical capacity or resources, including staff of the Provider; and 6.4.2. whether the Provider is delivering the activity to the agreed performance targets. 6.5. The Commissioner shall, upon conclusion of the Capacity Review, report its findings and any recommendations to the Provider. 6.6. Where the findings of the Capacity Review are that there is a limit on the activity in excess of the levels set out in the Activity Plan that the Provider can reasonably undertake, the Provider and the Commissioner shall agree a plan to enable the Provider to provide all such activity as soon as is reasonably practicable.

Capacity Review. Minimum capacity will be at least 10 cases per month. For the avoidance of doubt this does not constitute a guarantee of minimum numbers of referrals but the minimum number of patients that the Provider is able to carry out cataract surgery on in any one separate calendar month.

Capacity Review. PESP has periodically implemented a capacity review survey. XXXX agrees to share the raw results from such surveys with the Union within one month after the survey is completed.