Early Availability Sample Clauses

Early Availability. 3.7.1 Notwithstanding anything to the contrary contained herein, Licensor may make available to Other Distributors in the Territory any Current Film(s) on an availability date prior to such Current Film’s Home Video Street Date (an “Early Avail Date”); provided, that Licensor offers Licensee the same Early Avail Date for such Current Film on the same terms and conditions directly related to the grant of such Early Avail Date including (to the extent directly related) any more Favorable Economic Terms and any additional content protection requirements (for any marketing and/or promotional commitments which are impracticable for Licensee to meet, Licensor shall accept in substitution for each such commitment a comparable marketing and/or promotional commitment proposed by Licensee, and for any content protection technology, Licensor shall also offer any alternative content protection technology that Licensor has approved for use with respect to exhibition prior to the first pay television windows) (the “Early Avail Related Terms and Conditions”). Licensor shall provide Licensee with written notice of each Current Film with an Early Avail Date and the Early Avail Related Terms and Conditions (which disclosure shall be treated as confidential hereunder) no later than the earlier of (1) thirty (30) days prior to such Early Avail Date and (2) ten (10) business days prior to the last date by which Licensee must notify Licensor that it elects not to otherwise license such Included Program pursuant to Section 3.2.1; provided, however, that incidental, de minimus failure on the part of Licensor to provide such notice timely shall not constitute a breach hereunder and any such failure shall extend the date by which Licensor is required to exercise its election pursuant to Section 3.2.1 not to license such Included Program for the duration of such failure. Licensee shall have the right (but not the obligation) to match all such Early Avail Related Terms and Conditions with respect to a Current Film, and if Licensee so matches, this Agreement shall be deemed automatically amended to incorporate such Early Avail Date and such Early Avail Related Terms and Conditions with respect to such Current Film. In the event that Licensee does not exercise such right, Licensee shall remain obligated to license such Current Film as an Included Program hereunder as and to the extent otherwise set forth in this Agreement (i.e., as if Licensor had not elected to grant such Early Avail ...
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Early Availability. Tenant acknowledges that the Suite 1401 Expansion Space is currently leased to another tenant (such lease as the same may be amended from time to time (the “Existing Lease”). Notwithstanding anything herein to the contrary, if the Existing Lease terminates (or the existing tenant’s right to possession is terminated) prior to its stated expiration date due to a material default by the tenant under the Existing Lease and not as a result of a relocation of the tenant under the Existing Lease, Landlord, at its option, may provide Tenant with written notice of such prior termination (the “Prior Termination Notice”). If Landlord provides Tenant with a Prior Termination Notice, Tenant shall have the option to lease the Suite 1401 Expansion Space in accordance with the terms and conditions set forth in Section 5.01 above, except that the Suite 1401 Expansion Notice shall be due within 30 days after the date of Landlord’s Prior Termination Notice, and the commencement date for such Suite 1401 Expansion Space shall be one (1) day after the date Landlord delivers possession of the Suite 1401 Expansion Space to Tenant, it being agreed that Landlord shall deliver the Suite 1401 Expansion Space to Tenant as soon as reasonably possible after Landlord obtains possession of the Suite 1401 Expansion Space from the existing tenant under the Existing Lease. If Tenant does not provide Landlord with an Suite 1401 Expansion Notice within such 30 day period or if Tenant is not entitled to exercise its Suite 1401 Expansion Option due to a violation of one of the conditions set forth in Section 5.01 above, Tenant’s Suite 1401 Expansion Option shall be deemed to be null and void and Tenant shall have no further rights to lease the Suite 1401 Expansion Space hereunder.
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Early Availability. In order for Lessee to perform its early development and equipment work in Section 6, following Completion of said section, Lessor will make available to Lessee the warehouse portion of Section 6 at an earlier time, fifteen (15) calendar days before the Taking of possession, and in any case after the casting and drying of the slab. The manner (schedule, terms, and conditions) in which the above-mentioned areas shall be made available early is defined in the agreement attached herein (Appendix 17). To this end, a State of the premises shall be drafted between the Parties, whether they are present or represented. Lessee pledges to respect all safety measures related to the work site, not to hinder the continuation of the work in Section 6 within the set deadlines, not to perform installation or other work that would prevent the compliance of Section 6 or the issuance of the subject certification. In no case shall Lessee be authorized to perform its activity in the premises that are made available. Finally, Lessee pledges to purchase at that time all required insurance policies, concerning both the assets and the performance of the anticipated work. It is recalled that the early availability offered to Lessee of the warehouse portion of Section 6 shall terminate automatically upon the date of the Taking of Possession by Lessee. It is further recalled that the availability of Section 6 to Lessee may not be delayed if Lessee’s development work is not completed on that date, and that the non-completion by Lessee of its development work, or the existence of defects and reservations in the performance, may not affect the Completion of Section 6. Lessee’s development work shall correspond to the work mentioned in the appendix of the above-mentioned early availability agreement, and shall be approved by Lessor in advance. All other work that is requested shall be submitted to Lessor for prior validation.
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Early Availability. Tenant acknowledges that the Substitution Space is currently leased by Landlord (as successor in interest to CM Capital Corporation) to Citibank (West), FSB (“Citibank”) pursuant to the terms of a lease dated January 2, 1997, as the same may be amended from time to time (the “Existing Lease”). Notwithstanding anything herein to the contrary, if the Existing Lease terminates (or Citibank’s right to possession is terminated) prior to its stated expiration date, Landlord, at its option, may provide Tenant with written notice of such prior termination (the “Prior Termination Notice”). If Landlord provides Tenant with a Prior Termination Notice, the Substitution Effective Date shall be accelerated to be the date Landlord delivers possession of the Substitution Space to Tenant; provided that notwithstanding the foregoing, in no event shall the Substitution Effective Date be earlier than the date that is the later of (a) June 1, 2006 or (b) sixty (60) days following the date Landlord delivers a Prior Termination Notice to Tenant.
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Early Availability. The Structure being composed of several independent zones, the Developer can invite the Client to take possession of certain pre-defined zones in advance as they are completed in order to allow the Client to carry out its interior arrangement work and its installation process understanding that the ”Delivery of the Structure” shall be considered completed once all of the buildings and the private roads and utilities are delivered. This Delivery must take place at the latest by the deadline defined above in article 8.1. These availabilities shall take place within the context of planning included in Annex 2. In this supposition, an inspection report carried out in the presence of both parties shall be established between the Client and the Developer before each part or all of the buildings are made available. To this end, the Developer shall summon the Client no later than 5 business days before all or part of the zones are made available. Should the Client fail to comply with the summons, its Occupants or Intervening parties shall not have the right to take possession of the portions of the buildings concerned. The various Inspection Reports shall set out to prevent any protest regarding the origin of possible reservations as part of the delivery of the Structure.
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Early Availability. If any existing lease set forth in Section A is terminated and Landlord regains possession of the applicable Offering Space prior to the Scheduled Expiration Date for such space, then notwithstanding Subsection A above, the period for Landlord’s delivery of an Advice for such Offering Space shall instead be no later than 90 days following Landlord’s recovery of possession.
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Related to Early Availability

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • DNS name server availability Refers to the ability of a public-­‐DNS registered “IP address” of a particular name server listed as authoritative for a domain name, to answer DNS queries from an Internet user. All the public DNS-­‐registered “IP address” of all name servers of the domain name being monitored shall be tested individually. If 51% or more of the DNS testing probes get undefined/unanswered results from “DNS tests” to a name server “IP address” during a given time, the name server “IP address” will be considered unavailable.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

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