Contracting Party's Demand Sample Clauses

Contracting Party's Demand. If the Escrow Agent receives a Contracting Party's Demand, it shall: (a) forthwith provide a copy of the Contracting Party's Demand to Exchange; (b) subject to Section 3.4(d) hereof, on the date that is five (5) Business Days following receipt by Exchange of such Contracting Party's Demand, present one or more Letters of Credit for payment, draw upon such Letters of Credit in an amount equal to the amount payable as set forth in such Contracting Party's Demand and forthwith pay the same to such Contracting Party unless: (i) the person providing the Contracting Party's Demand is not on the last list of Contracting Parties provided by Exchange to the Escrow Agent pursuant to section 4.1 hereof; or (ii) Exchange shall have provided to the Escrow Agent a Notice Not To Pay within three (3) Business Days of receipt by Exchange from the Escrow Agent of the Contracting Party's Demand pursuant to Section 3.4 (a) hereof; (c) for greater certainty, in the event that at any time the Escrow Agent has received a Contracting Party’s Demand from any Contracting Party which does not result in the Escrow Agent paying the Contracting Party who has filed a Contracting Party's Demand solely because Exchange has filed a Notice Not To Pay stating that: (i) the Contracting Party or Exchange has initiated Mediation in respect of a dispute, controversy, difference or question in respect of the Failure to Deliver or Failure to Take by Exchange which forms the basis for the Contracting Party's Demand or an Exchange Default, which gives rise to the Contracting Party's Demand and less than twenty (20) days has expired from the date of initiation of Mediation; or (ii) the Contracting Party or Exchange has initiated Arbitration in respect of a dispute, controversy, difference or question in respect of the Failure to Deliver or Failure to Take by Exchange which forms the basis for the Contracting Party's Demand or an Exchange Default which gives rise to the Contracting Party's Demand and the Arbitrator or the Arbitral Tribunal, as the case may be, has not issued a decision in respect of such matter; then nevertheless the Contracting Party's Demand filed in accordance with Section 3.3(a) shall constitute a Contracting Party's Demand for the purposes of Section 3.4(d) hereof; and (d) in the event that at any time the Escrow Agent has received Contracting Party's Demands from more than one Contracting Party which exceed the amount then available for drawdown under the Letters of Credit, calc...
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Related to Contracting Party's Demand

  • Contracting Parties The Government customer (Licensee) is the “Ordering Activity”, “defined as an entity authorized to order under GSA contracts as set forth in GSA ORDER 4800.2G ADM, as may be revised from time to time. The Licensee cannot be an individual because any implication of individual licensing triggers the requirements for legal review by Federal Employee unions. Conversely, because of competition rules, the contractor must be defined as a single entity even if the contractor is part of a corporate group. The Government cannot contract with the group, or in the alternative with a set of contracting parties.

  • Contracting authority The contracting authority of this public contract is Enabel, the Belgian development agency, public-law company with social purposes, with its registered office at Xxx Xxxxx 000, 0000 Xxxxxxxx xx Xxxxxxx (enterprise number 0264.814.354, RPM/RPR Brussels). Enabel has the exclusive competence for the execution, in Belgium and abroad, of public service tasks of direct bilateral cooperation with partner countries. Moreover, it may also perform other development cooperation tasks at the request of public interest organisations, and it can develop its own activities to contribute towards realisation of its objectives. For this procurement contract, Xxxxxx is represented by person(s) who shall sign the award letter and are mandated to represent the organisation towards third parties.

  • Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of this Article are applied so as to guarantee prompt, adequate and effective compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.

  • Technical or Contractual Problems Contractor shall meet with the Department's personnel, or designated representatives, to resolve technical or contractual problems occurring during the contract term or to discuss the progress made by Contractor and the Department in the performance of their respective obligations, at no additional cost to the Department. The Department may request the meetings as problems arise and will be coordinated by the Department. The Department shall provide Contractor a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired; however, at Contractor's option and expense, a conference call meeting may be substituted. Contractor’s consistent failure to participate in problem resolution meetings, Contractor missing or rescheduling two consecutive meetings, or Contractor’s failure to make a good faith effort to resolve problems may result in termination of the contract.

  • Contracting Authors When the Author is more than one person then, unless otherwise indicated in this Agreement or agreed in writing by the Publisher: (a) the expression “Author” as used in this Agreement will apply collectively for all such persons (each a "co-author"); (b) the Corresponding Author hereby warrants and represents that all co-authors of the contribution have expressly agreed that the Corresponding Author has full right, power and authority to sign this Agreement on their behalf, that the Corresponding Author is entitled to act on their behalf, and that they shall be bound by the Corresponding Author, with respect to all matters, responsibilities, notices and communications related to this Agreement; the Corresponding Author shall obtain authorisations and make them available to the Publisher on request; and (c) each co-author is jointly and severally responsible for the Author’s obligations under this Agreement which apply to each co-author individually and to the co-authors collectively and the Publisher shall not be bound by any separate agreement or legal relationship as between the co-authors. The Author will prepare a contribution provisionally entitled: [Title of the Contribution] The expression “Contribution” as used in this Agreement means the contribution as identified above, and includes without limitation all related material delivered to the Publisher by or on behalf of the Author whatever its media and form (including text, graphical elements, tables, videos and/or links) in all versions and editions in whole or in part. The Contribution may contain links (e.g. frames or in-line links) to media enhancements (e.g. additional documents, tables, diagrams, charts, graphics, illustrations, animations, pictures, videos and/or software) or to social or functional enhancements, complementing the Contribution, which are provided on the Author’s own website or on a third party website or repository (e.g. maintained by an institution) subject always to the Author providing to the Editor, at the latest at the delivery date of the manuscript for the Contribution, an accurate description of each media enhancement and its respective website or repository, including its/their owner, nature and the URL. The Publisher is entitled to reject the inclusion of, or suspend, or delete links to all or any individual media enhancements. In the event that an index is deemed necessary, the Author shall assist the Editor in its preparation (e.g. by suggesting index terms), if requested by the Editor.

  • Rationale/Justification The Cisco Certified Network Associate Security (CCNA® Security) certification represents industry acknowledgement of technical skill attainment of competencies in the IT Security program.

  • Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

  • HUB Subcontracting Plan The Owner has adopted Exhibit H, Policy on Utilization of Historically Underutilized Business ("Policy"), which is incorporated herein by reference. Contractor, as a provision of the Agreement must comply with the requirements of the Policy and adhere to the HUB Subcontracting Plan submitted with Contractor's Proposal and attached as Exhibit I. No changes to the HUB Subcontracting Plan can be made by the Contractor without the prior written approval of the Owner in accordance with the Policy.

  • Contractor Representative The Contractor shall appoint a Contractor Representative fluent in English, who shall:

  • FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

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