Determination of Availability. 6.4.1 AT&T shall provide Pole, Conduit and ROW availability information in rseponse to a request from CLEC which identifies with reasonable specificity the Facilities for which such information is desired If such request includes Joint Use Pole(sA),T&T shall respond with respect to such Joint Use Pole(s) as to what Make-Ready Work is required foArT&T’s Facilities only. Notwithtasnding any other provisionA, T&T shall not determine space availability upon any Joint Use Pole(s). CLEC may elect to be present at any field based survey ofFacilities identief d pursuant to this paragraph anAdT&T shall provide CLEC at least forty- eight (48) hours notice prior to initiating such field survey. CLEC employees or agents shall be permitted to enter AT&T Manholes and inspect such structures tooncfirm usabiliyt and/or evaluate condition of the structure(s) with at least forty-eight (48) hours noticeAtoT&T, with a AT&T representative present and at CLEC’s expense.
Determination of Availability. Cash available or property available to be distributed in kind by the LLC to the Members (“Distributions”) shall be determined for each Fiscal Year by the Board of Managers and shall be distributed to the Members as set forth in Section 6.3.3.
Determination of Availability. BellSouth shall provide pole, conduit and right-of way availability information in response to a request from Licensee which identifies with reasonable specificity the facilities for which such information is desired. Licensee may elect to be present at any field based survey of facilities identified pursuant to this paragraph and BellSouth shall provide Licensee at least forty-eight (48) hours notice prior to initiating such field survey. Licensee employees or agents shall be permitted to enter BellSouth manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to BellSouth, with a BellSouth representative present and at Licensee's expense.
Determination of Availability. At or before thirty minutes after the time for delivery of a Notice of Advance pursuant to Section 2.2(a) the Administrative Agent will make a determination of the Dollar Equivalent Value of the outstanding Loans for purposes of calculating whether the making of the requested Loan would cause the aggregate outstanding amount of the Loans, including the requested Loan, to exceed the Aggregate Committed Sum.
Determination of Availability. AT&T shall provide Pole, Conduit and right-of-way availability information in response to a request from Licensee which identifies with reasonable specificity the Facilities for which such information is desired. If such request includes Joint Use Pole(s) AT&T shall respond with respect to such Joint Use Pole(s) as to what Make-Ready Work is required for AT&T’s Facilities, only. Notwithstanding any other provision, AT&T shall not determine space availability upon any Joint Use Pole(s). Licensee may elect to be present at any field based survey of Facilities identified pursuant to this paragraph and AT&T shall provide Licensee at least forty-eight (48) hours notice prior to initiating such field survey. Licensee employees or agents shall be permitted to enter AT&T Manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to AT&T, with an AT&T representative present and at Licensee’s expense.
Determination of Availability. (a) Within 45 days after receipt of a letter from HUD pursuant to § 581.4(a), each landholding agency must trans- mit to HUD a statement of one of the following:
Determination of Availability. AT&T shall provide Pole, Conduit and right-of-way availability information in response to a request from Sprint which identifies with reasonable specificity the Facilities for which such information is desired. Sprint may elect to be present at any field based survey of Facilities identified pursuant to this paragraph and AT&T shall provide Sprint at least forty-eight (48) hours notice prior to initiating such field survey. Sprint employees or agents shall be permitted to enter AT&T Manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to AT&T, with a AT&T representative present and at Sprint’s expense.
Determination of Availability. At or before thirty minutes after the time for delivery of a Notice of Advance pursuant to Section 2.2(a), and promptly after delivery of a notice requesting the issuance, amendment, renewal or extension of a Letter of Credit pursuant to Section 2.5(b) (and before such issuance, amendment, renewal or extension is effective), the Administrative Agent will make a determination of the Dollar Equivalent Value of the Credit Exposure for purposes of calculating whether the making of the requested Loan, or the issuance, amendment, renewal or extension of such Letter of Credit, as the case may be, would cause the Credit Exposure to exceed the Aggregate Committed Sum.
Determination of Availability. If Roche decides to exercise ***Replacement Right under Section 3.6.1, Roche shall, within *** after Roche or the JRC, as applicable, has determined that a Failure has occurred, notify Hookipa of its desire to replace an Exercised ***with a new designated Selected *** (“Replacement Notice”). Within *** after Hxxxxxx’s receipt of the Replacement Notice, Hookipa shall confirm whether or not the designated new *** as set forth in the Replacement Notice (“Designated ***”) is Available at the time of receipt of such Replacement Notice by Hxxxxxx and explain underlying reasons if the Designated *** is not Available. If the Designated *** is Available at the time of receipt of such Replacement Notice by Hookipa, such Designated *** shall become an Exercised *** under this Agreement, and the Agreement shall terminate with regards to the replaced Exercised *** and Section 18.4 shall apply. Once a Designated *** is an Exercised ***, Hookipa shall present the budget for the activities related to the new Exercised *** and such budget shall be approved by the JRC. If at the time of the Replacement Notice, Hxxxxxx has already reached the cap pursuant to Section 9.3.4, then the Parties shall negotiate in good faith how the costs related to such budget shall be borne. For clarity, ***. Certain information has been excluded from this agreement (indicated by “[***]”) HOOKIPA PHARMA INC. has determined such information (i) is not material and (ii) would be competitively harmful if publicly disclosed.
Determination of Availability. PRI shall disclose to ArQule the array plate number and well number of any Active Compounds by facsimile transmission followed by a confirmatory letter. ArQule will promptly determine whether the Active Compounds are Available Compounds and notify PRI of such determination within ten (10) business days. ArQule will also inform PRI if an Available Compound is licensed outside the Development Field or is a reverted Licensed Compound under any other agreement with another ArQule collaborator. If an Active Compound is not an Available Compound, PRI shall have no rights with respect to that Active Compound. If an Active Compound is an Available Compound, ArQule shall disclose to PRI the chemical composition and theoretical structure of the Active Compound within * . At the request of PRI, ArQule shall (i) internally designate that Active Compound as a Licensed Compound (subject to the annual maintenance fee in accordance with Section 5.5) and (ii) no longer identify that Active Compound as an Available Compound in the ------------ *Confidential treatment has been requested for the marked portion. Development Field to any other third party or ArQule collaborator. The Research Committee may verify that ArQule Compounds meet the criteria of Active Compounds.
