Determination of Priority Sample Clauses

Determination of Priority. The priority for right of access to existing capacity in Ameritech’s Structure will be determined by the actual time that CLEC’s written Structure Access Request, in accordance with paragraphs 7.6.6, 7.7.4, and 7.8.1 below, is received by the ASAC. Structure Access Requests for all parties including Ameritech will be treated in a non- discriminatory manner.
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Determination of Priority. Developer determined the priority of this Reservation stated above as among any other parties submitting reservations for the Home in Developer’s sole discretion based on Developer’s internal criteria. In addition, regardless of the priority stated above, Developer may determine to offer the Home only to a Reservation Holder who intends to occupy the Home as its Primary Residence or Second Home. If this Reservation Holder holds a second or third priority, then Reservation Holder’s right to purchase is conditioned upon the termination of those other reservations with higher priority for the Home. For example, if Reservation Holder has a priority of three, Reservation Holder may enter into a Purchase Agreement for the Home only after those reservation holders with the first and second priorities for the Home are terminated. If there are any reservations that are prior to Reservation Holder’s, and if those prior reservations are terminated, Seller shall notify Reservation Holder in writing and Reservation Holder shall automatically move up in priority unless, at that time, Reservation Holder has a first priority reservation to purchase any other Home in the Community. In that event, Reservation Holder shall only move into first priority for the Home if Reservation Holder terminates its other first-priority reservation within five (5) days after Developer delivers notice requiring Reservation Holder to make such election. Reservation Holder may hold only one first priority reservation at a time. If Reservation Holder does not respond to Developer’s notice within such 5-day period, then Reservation Holder’s reservation for the Home shall automatically terminate without further notice.
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Determination of Priority. Define the impact of the issue on the Customer's Product performance. The impact will aid in the scheduling of the retrofit activity (i.e. high impact items are a priority). This explanation should be included in the impact section in the EC or DCR and carried forward on the NORTEL NETWORKS/AIRVANA Joint Authorization Form in the appropriate location.
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Determination of Priority. In the event that a determination of priority is not agreed upon by the attorneys for the parties, the question of priority, including evidence exchanged by the parties pursuant to Section 5.1, which shall be stipulated to the extent possible, shall, upon declaration, if any, of an interference by the Board of Patent Interference of the PTO, be submitted to the PTO for determination as to priority in accordance with the PTO rules of practice governing interferences, i.e., 37 CFR Sections 1.
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Determination of Priority. The priority for right of access to existing capacity in SBC ILLINOIS’ Structure will be determined by the actual time that CLEC’s written Structure Access Request, in accordance with Sections 1.6.6, 1.7.4, and 1.8.1 below, is received by the ASAC. Structure Access Requests for all parties including SBC ILLINOIS will be treated in a non-discriminatory manner.
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Determination of Priority. It is mutually understood and agreed that the dispatch of any personnel or equipment in response to a request for assistance shall be subordinate to the needs and responsibilities of the responding fire department as deter ined by its fire chief and that his or herjudgment as to the level of resources which should be withheld in order to respond to any actual or potential requests for assistance or public emergencies within the geographical area regularly served by the responding party shall be conclusive. No violation of this Agreement shall be considered to have occurred if, for any reason, in thejudgment of the responding fire chief, a response to a request for assistance made by the other party to this Agreement mightjeopardize the fire or other protection provided to the geographical area regularly served by the responding party.
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Determination of Priority. The following provisions, C2.1 to C2.5, relate to the determination of priority in the Interference No. 103,704 proceeding.
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Determination of Priority. The Kxxxxx Party may file a motion to redefine the interference to remove the reference to the term “light” present in the existing count. The Fxxxx Party agrees not to oppose this motion, and the Kxxxxx Party may so inform the Board that the Fxxxx Party will not oppose this motion. The Parties shall agree to the language stated in such motion. The Parties shall work diligently together to file such motion within ten (10) days from the execution of this agreement. If the motion is granted the Parties will proceed on the basis of the new count and, if the motion is denied, the Parties will proceed on the basis of the existing count. [***] Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. The parties agree that Kxxxxx Party’s motion to redefine the interference shall be the only preliminary motion filed under 37 C.F.R. § 1.633.
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Related to Determination of Priority

  • ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4)

  • Preservation of Privilege Nothing contained in this Agreement or any Consent Judgment, and no act required to be performed pursuant to this Agreement or any Consent Judgment, is intended to constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work product protection, or common interest/joint defense privilege, and each Party and Participating Subdivision agrees that it shall not make or cause to be made in any forum any assertion to the contrary.

  • Statement of Principle The parties acknowledge the following provisions are to protect the rights of employees during pregnancy and on their return to employment following parental leave.

  • Statement of Principles The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against employees, as prohibited by the Rehabili- tation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

  • Priority of Security Interest Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens that are permitted pursuant to the terms of this Agreement to have superior priority to Bank’s Lien under this Agreement). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

  • Interpretation of principal and interest Any reference in these Ordinary Note Conditions to principal in respect of the Ordinary Notes shall be deemed to include, as applicable: (i) the Final Redemption Amount of the Ordinary Notes; (ii) the Early Redemption Amount of the Ordinary Notes; (iii) the Optional Redemption Amount(s) (if any) of the Ordinary Notes; and (iv) any premium and any other amounts (other than interest) which may be payable by the Issuer under or in respect of the Ordinary Notes.

  • Allocation of Principal Rights 1. Unless the Performer shall have notified DARPA, in accordance with subparagraph B.2 below, that the Performer does not intend to retain title, the Performer shall retain the entire right, title, and interest throughout the world to each subject invention consistent with the provisions of this Article. 2. With respect to any subject invention in which the Performer retains title, DARPA shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced on behalf of the United States the subject invention throughout the world.

  • Priority of Provisions If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision of Articles 1 through 11 of this Agreement, the provisions contained in Articles 1 through 11 shall prevail and be given effect.

  • Creation, Perfection and Priority of Security Interests The representations and warranties regarding creation, perfection and priority of security interests in the Purchased Property, which are attached to this Agreement as Appendix B, are true and correct to the extent that they are applicable.

  • Protection of Security Interest With respect to the Collateral Portfolio acquired by the Borrower, the Borrower will (i) acquire such Collateral Portfolio pursuant to and in accordance with the terms of the Contribution Agreement, (ii) at the expense of the Servicer, on behalf of the Borrower take all action necessary to perfect, protect and more fully evidence the Borrower’s ownership of such Collateral Portfolio free and clear of any Lien other than the Lien created hereunder and Permitted Liens, including, without limitation, (a) with respect to the Loan Assets and that portion of the Collateral Portfolio in which a security interest may be perfected by filing, filing and maintaining (at the expense of the Servicer, on behalf of the Borrower) effective financing statements against the Transferor in all necessary or appropriate filing offices, (including any amendments thereto or assignments thereof) and filing continuation statements, amendments or assignments with respect thereto in such filing offices, (including any amendments thereto or assignments thereof) and (b) executing or causing to be executed such other instruments or notices as may be necessary or appropriate, (iii) at the expense of the Servicer, on behalf of the Borrower, take all action necessary to cause a valid, subsisting and enforceable first priority perfected security interest, subject only to Permitted Liens, to exist in favor of the Collateral Agent (for the benefit of the Secured Parties) in the Borrower’s interests in all of the Collateral Portfolio being Pledged hereunder including the filing of a UCC financing statement in the applicable jurisdiction adequately describing the Collateral Portfolio (which may include an “all asset” filing), and naming the Borrower as debtor and the Collateral Agent as the secured party, and filing continuation statements, amendments or assignments with respect thereto in such filing offices (including any amendments thereto or assignments thereof), (iv) permit the Administrative Agent or its agents or representatives to visit the offices of the Borrower during normal office hours and upon reasonable advance notice examine and make copies of all documents, books, records and other information concerning the Collateral Portfolio and discuss matters related thereto with any of the officers or employees of the Borrower having knowledge of such matters, and (v) take all additional action that the Administrative Agent or the Collateral Agent may reasonably request to perfect, protect and more fully evidence the respective first priority perfected security interests of the parties to this Agreement in the Collateral Portfolio, or to enable the Administrative Agent or the Collateral Agent to exercise or enforce any of their respective rights hereunder.

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