Examination of an application for an industrial design 1. A formal examination of the application for an industrial design received by the federal executive authority for intellectual property is carried out which includes checks on presence of the documents specified in clause 2 of Article 1377 of the Civil Code of the Russian Federation and its compliance with the established requirements. If the result of the formal examination is positive, then a substantive examination of an application for an industrial design is carried out, which includes: information search in relation to the claimed industrial design to determine the publicly available information, which shall be taken into account when examining the design patentability; examination of the claimed industrial design for the compliance with the requirements under Article 1231.1, clause 4 of Article 1349 of the Civil Code of the Russian Federation, and the patentability criteria under the first paragraph of clause 1, clause 5 of Article 1352 of the Civil Code of the Russian Federation; examination of the claimed industrial design for the compliance with the patentability criteria under the second paragraph of clause 1 of Article 1352 of the Civil Code of the Russian Federation. An information search in relation to the objects specified in sub-clause 4 of clause 4 of Article 1349 of the Civil Code of the Russian Federation shall not be carried out, and the federal executive authority on intellectual property notifies the applicant about it. 2. If, as a result of the substantive examination of an application for an industrial design, it is found that the claimed industrial design represented on the reproductions of an external appearance of the article does not relate to the objects specified in Article 1231.1 or clause 4 of Article 1349 of the Civil Code of the Russian Federation and meets the patentability criteria under Article 1352 of the Civil Code of the Russian Federation, the federal executive authority for intellectual property makes a decision to grant a patent for an industrial design. The date of filing of the application for the industrial design and the priority date of the industrial design shall be specified in the decision. If, during the process of substantive examination of an application for an industrial design, it is found that the claimed object does not meet at least one of the requirements or patentability criteria specified in paragraph one of this clause, the federal executive authority for intellectual property makes a decision to refuse the issuance of a patent.
Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.
Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CHSI has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.
Termination Payment for Force Majeure Event 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover.
Determination of Clearing Price The Selling Shareholder and the Placement Agents shall have determined, in writing, the clearing price for the Securities in the Auction.
Termination for fault 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has:
Rate Redetermination for Market Change In the event of delay or interruption, exceeding 90 days, under B8.33, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the delay or interruption and the appraised unit value of Included Timber immediately after the delay or interruption. The appraisal shall be done after any rate redetermination done pursuant to B3.31, using remaining volumes. Tentative Rates and Flat Rates in effect at the time of delay or interruption or established pursuant to B3.31 will be reduced, if appraised rates declined during the delay or interruption, to become Current Contract Rates. Increases in rates will not be considered. Accordingly, Base Rates shall be adjusted to correspond to the redetermined rates if redetermined rates are less than the original Base Rates, subject to a new Base Rate limitation of the cost of essential reforestation or 25 cents per hundred cubic feet or equivalent, whichever is larger. However, existing Base Indices shall not be changed under this Subsection. Redetermined rates shall be considered established under B3.1 for timber Scaled subsequent to the delay or interruption.
Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.
Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.
Eligibility Determination The State or its designee will make eligibility determinations for each of the HHSC HMO Programs.
