Consequence. If an Extraordinary Event occurs, DIR may, at its option, request more favorable pricing with respect to applicable Charges for any Functional Service Area specified in Exhibit 4 in accordance with the following:
(i) Service Provider and DIR shall mutually determine on a reasonable basis the efficiencies, economies, savings and resource utilization reductions, if any, resulting from such Extraordinary Event and, upon DIR's approval, Service Provider shall then proceed to implement such efficiencies, economies, savings and resource utilization reductions as quickly as practicable and in accordance with the agreed upon schedule. As the efficiencies, economies, savings or resource utilization reductions are realized, the Charges specified on Exhibit 4 and any affected Resource Baselines shall be promptly and equitably adjusted to pass through to DIR the net benefit of such efficiencies, economies, savings and resource utilization reductions; provided, that DIR shall reimburse Service Provider for any net costs or expenses incurred to realize such efficiencies, economies, savings or resource utilization reductions if and to the extent Service Provider (i) notifies DIR of such additional costs and obtains DIR's approval prior to incurring such costs, (ii) uses commercially reasonable efforts to identify and consider practical alternatives, and reasonably determines that there is no other more practical or cost effective way to obtain such savings without incurring such expenses, and (iii) uses commercially reasonable efforts to minimize the additional costs to be reimbursed by DIR.
(ii) An Extraordinary Event shall not result in Charges to DIR being higher than such Charges would have been if the ARCs, RRCs and other rates and charges then specified in Exhibit 4 had been applied. DIR may, at its sole option, elect, for each Extraordinary Event, at any time to forego its rights under this Section 11.6 and instead, apply ARCs, RRCs and other rates and charges specified in Exhibit 4 to adjust the Charges. For the avoidance of doubt, upon the occurrence of an Extraordinary Event, DIR is entitled to request more favorable pricing with respect to the applicable Charges even if the change in consumption related to the Extraordinary Event is within the bands associated with the applicable Resource Baseline volumes set forth in Attachment 4-A.
Consequence. Any deactivation or termination of the Service hereunder will be made applicable to all Digicards across all Set Top Boxes covered under a Subscriber Account. Any deactivation or cancellation of the Service shall be affected by deactivation or cancellation of the Digicard. Deactivation, suspension or termination shall be without prejudice to any other rights or remedies a Party may be entitled to in law or under the Contract and shall not affect any accrued rights or liabilities of either Party nor the coming into force or the continuance in force of any provision of the Contract, which is expressly or by implication intended to come into or continue in force on or after such termination.
Consequence. Any athlete convicted of a felony at any time shall be excluded from athletic competition for a minimum of one (1) year from the time of conviction. Conviction of a misdemeanor (not including minor traffic infractions) shall be subject to athletic suspension for the athlete for 20% of the athletic contests on the first offense with practice at the discretion of each coach. Continuation in a sport or on a squad until conviction is brought contingent upon the decision of the Athletic Director. Athletes shall not commit acts of disrespect, vandalism and or theft.
Consequence. Upon a Change of Control, all Restricted Shares and unvested Stock Options held by Executive shall be accelerated and deemed to have vested as of the date of the Change of Control.
Consequence. First offense will result in an automatic suspension from participation in athletics and from the athletic team or squad for 20% of athletic contests. Practice for the athlete is at the discretion of the coach. Second offense will result in an athletic suspension for a minimum of the rest of the school year or a maximum of one (1) calendar year, depending on the severity of the offense. No athlete shall be ejected from a game, match or contest.
Consequence. If an Extraordinary Event occurs, Kraft may, at its option, request more favorable pricing with respect to applicable Charges for any Service or Tower in accordance with the following:
11.6.2.1 [ * * * ] and [ * * * ] shall [ * * * ] determine on a reasonable basis the [ * * * ], if any, resulting from such Extraordinary Event and, upon [ * * * ], [ * * * ] shall then proceed to implement such [ * * * ] as quickly as practicable and in accordance with the agreed-upon schedule. As the [ * * * ] are realized, the Charges specified on the applicable Supplement and any affected [ * * * ] shall be promptly and equitably adjusted to pass through to [ * * * ] the full benefit of such [ * * * ]; provided, that [ * * * ] shall reimburse [ * * * ] for any net costs or expenses incurred to realize such [ * * * ] if and to the extent [ * * * ] (i) notifies [ * * * ] of such additional costs and obtains [ * * * ] approval prior to incurring such costs, (ii) uses commercially reasonable efforts to identify and consider practical alternatives, and reasonably determines that there is no other more practical or cost effective way to obtain [ * * * ] without incurring such expenses, and (iii) uses commercially reasonable efforts to minimize the additional costs to be [ * * * ]. For the avoidance of doubt, and notwithstanding the foregoing, any changes in the [ * * * ] arising out of this Section 11.6 will be applied to the [ * * * ] on a [ * * * ] only from the date of the [ * * * ] of such [ * * * ].
11.6.2.2 An Extraordinary Event shall not result in [ * * * ] to [ * * * ] being [ * * * ] such Charges would have been if the RRCs, ARCs and other rates and charges then specified in the applicable Supplement had been applied. [ * * * ] may, at its sole option, elect, for each Extraordinary Event, at any time to forego its rights under this Section 11.6 and instead, apply RRCs, ARCs and other rates and charges specified in the applicable Supplement to adjust the Charges.
Consequence. 1st Offense- 1 game suspension (VHSL Rule 27-11-6) and may be subject to additional discipline from the coach or school 2nd Offense- Dismissal from the team
Consequence. In the event of Executive’s termination of employment with the Company either (i) by the Company without Cause at any time within twelve (12) months prior to the consummation of a Change of Control if, prior to, or as of such termination, a Change of Control transaction was Pending (as defined herein) at any time during such twelve (12)-month period, (ii) by Executive for Good Reason at any time within twelve (12) months after the consummation of a Change of Control, or (iii) by the Company without Cause at any time upon or within twelve (12) months after the consummation of a Change of Control, then, Executive shall be entitled to receive the following:(i) the acceleration and vesting in full of any then outstanding and unvested portion of any time- vesting equity award with, options continuing to be exercisability for sixty (60) months following termination (or, if earlier, their expiration date); (ii) the benefits described in Section 4 (a), (b) and (c), provided, however, that the Severance Amount shall equal two (2) times the sum of Base Salary and Target Bonus and the Severance Period shall be twenty-four (24) months. A Change of Control transaction shall be deemed to be “Pending” each time any of the following circumstances exist: (A) the Company and a third party have entered into a confidentiality agreement that has been signed by a duly-authorized officer of the Company and that is related to a potential Change of Control transaction; (B) the Company has received a written expression of interest from a third party, including a binding or nonbinding term sheet or letter of intent, related to a potential Change of Control transaction; or (C) a third party has publicly announced, through a filing with the Securities and Exchange Commission, its intent to commence a tender offer or similar transaction to acquire 50% or more of the outstanding voting interests of the Company.
Consequence. Athletes that show poor sportsmanship and are ejected from a game, match or contest will not only have to sit out the mandatory one (1) game suspension as prescribed in the IHSAA By-Laws, but will also be subject to additional punishment if the coach or Athletic Director deems it necessary. Athletes shall not be in violation of school rules, such as truancy, detention, or other punishable acts. These acts will be disciplined by the already established Shawe Memorial Junior / Senior High School Student Handbook. The athlete may be dealt with further within the structure of each coach’s rules for their sport. Practice or game participation is at the discretion of the coach It is the intent of Xxxxx Memorial to assist students with developing responsibility for their actions and to encourage honesty. Therefore, any student who voluntarily reports on himself or herself as to a violation of the Code of Conduct before being reported by some other means will be permitted leniency. This student will pay a lesser penalty for the infraction than stated above. They will not be permitted to participate in a number of contests equal to half of the penalties listed above. In the case of substance abuse, the self-reporting student must participate in abuse awareness sessions with a qualified professional. This Self-Report Clause can only be used once during the student’s athletic career.
Consequence. If an Extraordinary Event occurs, OCA may, at its option and upon written notice to Contractor, request more favorable pricing with respect to applicable Charges in accordance with the following:
(i) Contractor and OCA shall mutually determine on a reasonable basis the efficiencies, economies, savings and resource utilization reductions, if any, resulting from such Extraordinary Event and, upon OCA’s approval, Contractor shall then proceed to implement such efficiencies, economies, savings and resource utilization reductions as quickly as practicable and in accordance with the agreed upon schedule. As the efficiencies, economies, savings or resource utilization reductions are realized, the Charges in Exhibit 4 shall be promptly and equitably adjusted to pass through to OCA the net benefit of such efficiencies, economies, savings and resource utilization reductions in the manner mutually agreed by Contractor and OCA.
(ii) An Extraordinary Event shall not result in Charges to OCA being higher than such Charges would have been if other rates and Charges specified in Exhibit 4 had been applied. If the Parties cannot agree on an equitable adjustment to the Charges in accordance with this Section within thirty (30) days after Contractor’s receipt of notice of the Extraordinary Event, OCA shall have the right to terminate the Agreement, in whole or in part, by written notice to Contractor, effective as of the date set forth in such notice. OCA shall pay Contractor the amounts set forth in Exhibit 4 as a termination charge.
