Determination Procedure. (a) An XXX/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix C, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability, and seaworthiness of the various types of containers. These criteria shall be distributed to the XXX maintenance employees in the inspection (or roadability) lanes at each container terminal.
Determination Procedure. Upon receipt of the reports required by Section 8.07 and such other reports, data and supplemental information as may from time to time be reasonably requested by Agent (the “Engineering Reports”), Agent and the Required Lenders (in the case of any reaffirmation or decrease in the Borrowing Base or reaffirmation or increase in the Monthly Reduction Amount) or Agent and all of the Lenders (in the case of any increase in the Borrowing Base or decrease in the Monthly Reduction Amount) will redetermine the Borrowing Base and the Monthly Reduction Amount. Such redetermination will be in accordance with their normal and customary practices and procedures for evaluating oil and gas reserves and other related assets as such exist at that particular time, and may also take into consideration the financial condition, Debt, and business of Borrower and its Subsidiaries and such other factors as Agent customarily deems appropriate. Agent, in its sole discretion, may make adjustments to the rates, volumes and prices and other assumptions set forth therein in accordance with its normal and customary procedures for evaluating oil and gas reserves and other related assets as such exist at that particular time. Agent shall propose to the Lenders a new Borrowing Base and Monthly Reduction Amount within 15 days following receipt by Agent and the Lenders of the Engineering Reports in a timely and complete manner. After having received notice of such proposal by Agent, the Required Lenders (in the case of any reaffirmation or decrease in the Borrowing Base or reaffirmation or increase in the Monthly Reduction Amount) or all of the Lenders (in the case of any increase in the Borrowing Base or decrease in the Monthly Reduction Amount) shall have 15 days to agree or disagree with such proposal. If the Required Lenders do not approve a proposed reaffirmation or decrease in the Borrowing Base and/or reaffirmation or increase in the Monthly Reduction Amount or if all the Lenders do not approve a proposed increase in the Borrowing Base and/or decrease in the Monthly Reduction Amount, the Required Lenders or all the Lenders, as applicable, shall, within a reasonable period of time, work to agree on a new Borrowing Base and Monthly Reduction Amount. Notwithstanding anything herein to the contrary, Agent and all of the Lenders must approve any increase in the Borrowing Base and any reduction in the Monthly Reduction Amount.
Determination Procedure. With respect to indemnification Claims between the parties, following receipt of notice from the Indemnified Party of a Claim, the Indemnifying Party shall have thirty (30) days to make such investigation of the Claim as the Indemnifying Party deems necessary or desirable. With respect to indemnification Claims relating to the Claims of third parties, the Indemnifying Party shall have a reasonable period, given the nature of the third party Claim and any response time required by such third party, to make such investigation of the Claim as the Indemnifying Party deems necessary or desirable. For the purposes of such investigation, the Indemnified Party agrees to make available to the Indemnifying Party and/or its authorized representatives the information relied upon by the Indemnified Party to substantiate the Claim, as well as any other information bearing thereon reasonably requested by the Indemnifying Party. If the Indemnified Party and the Indemnifying Party agree at or prior to the expiration of such investigation period (or any mutually agreed upon extension thereof) to the validity and amount of such Claim, then the Indemnifying Party shall immediately pay to the Indemnified Party the full amount of the Claim, subject to the limitations in Section 11.06. If the Indemnified Party and the Indemnifying Party do not agree within thirty (30) days from the date of a Claim hereunder (or any mutually agreed upon extension thereof, including subsequent to the final determination of a third-party indemnification Claim), then the Indemnified Party and the Indemnifying Party shall attempt to resolve such disputes pursuant to the mediation procedures set forth in Article 15.
Determination Procedure. The parties hereto agree that in the event a Buyer Indemnified Party makes a claim for indemnification under this Article VIII and Buyer and the DSI Representative cannot agree on whether such Buyer Indemnified Party is entitled to indemnification under this Article VIII, then, unless Buyer and the DSI Representative agree on a different mechanism for resolving such dispute, such determination shall be submitted to a panel of three arbitrators. Such arbitration shall be conducted in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association. The decision of the arbitrators or a majority thereof, made in writing, shall be final and binding upon the parties hereto as to the determination of entitlement to indemnification. In all matters relating to claims for indemnification or other disputes under this Agreement, the DSI Representative shall represent the Company and Buyer shall represent itself.
Determination Procedure. 18.2.1 In respect of each TA Signatory, the Net Contractual Position, any Retention Amount, Ascertained Non-Financial Contract Liabilities (including its Limited Ascertained Non- Financial Contract Liabilities) and any Allocation may be determined independently of each other prior to Distribution and Appropriation of Distribution Assets to such TA Signatory.
Determination Procedure. (a) An ILA/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix D, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability and seaworthiness of the various types of containers. These criteria shall be distributed to the ILA maintenance employees in the inspection (or roadability) lanes at each container terminal.
Determination Procedure. 27.3.1 The Expert may in his reasonable discretion determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including instructing professional advisers, experts and/or taking Counsel's opinion to assist him in reaching his determination.
Determination Procedure. 10.1 If, at the end of the Consultation Period, the Representatives have been unable to reach agreement on whether or not a CVR Event has occurred in relation to any CVRs or the Loan Note Principal Value or Ordinary Share Number with respect thereto (such matters which have not been agreed being the “Unresolved Matters”), either Representative may refer such matter to the Expert and the following procedure (the “Determination Procedure”) will be followed once the Expert has been appointed:
Determination Procedure. The Fair Market Rental Rate for each Renewal Term shall be determined pursuant to the provisions of this Article 34, and Landlord and Tenant shall have no further right to appraisal, shall be bound by any determination made pursuant to this Article 34 and shall be obligated to pay and accept the rate as determined hereby. Landlord shall make its determination of the Fair Market Rental Rate for the applicable Renewal Term by using its good faith judgment. Landlord shall provide written notice of such amount to Tenant within thirty (30) days after the later of (i) Landlord's receipt of Tenant's Renewal Notice or (ii) fifteen (15) months before the applicable Renewal Term Commencement Date.
Determination Procedure. (a) Upon request by Indemnitee, in connection with any matter for which indemnification may be sought hereunder, the Company agrees to promptly make, or cause to be made, a Determination whether such matter constitutes an Excluded Claim. In this connection, the Company agrees:
