Effect on Operator nominations Sample Clauses

Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3; and (ii) if the Access Holder disputes the Capacity Assessment Notice, two Business Days after the resolution of the Dispute, the Access Holder may notify Aurizon Network and each affected Operator in accordance with clause 4.5(a) to vary the Access Rights which the Access Holder has allocated to an Operator to take into account the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 3. (b) Except to the extent that the Access Holder has given a notice as contemplated in clause 9.3(a) in respect of the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 3 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type: (i) are deemed to reduce the Access Rights for that Train Service Type for which the Access Holder has not nominated an Operator; and (ii) if, after the operation of clause 9.3(b)(i), there remains an Over- Allocation for the relevant Train Service Type, clause 4.7 applies in respect of that Over-Allocation.
AutoNDA by SimpleDocs
Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Resumption Notice is given to the End User; and (ii) if the End User gives a notice in accordance with clause 6.5 Disputing a proposed resumption, two Business Days after the resolution of the Dispute, the End User may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a) to vary the Access Rights which the End User has allocated to an Operator to take into account the Resumed Access Rights. (b) Except to the extent that the End User has given a notice as contemplated in clause 6.7(a) in respect of the Resumed Access Rights, the Resumed Access Rights for each Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End User has not nominated an Operator; and (ii) if, after the operation of clause 6.7(b)(i), there is an Over-Allocation for the relevant Train Service Type, clause 3.6 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 6.7(a), Aurizon Network must, in respect of each Train Service Type affected by the Resumed Access Rights: (i) issue a notice to the End User setting out the changes to theNominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement. 7 Reduction of Conditional Access Rights due to Capacity Shortfall
Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Resumption Notice is given to the End User; and (ii) if the End User gives a notice in accordance with clause 6.5 Disputing a proposed resumption, two Business Days after the resolution of the Dispute, the End Userthe Access Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 3.4(a)4.5(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the Resumed Access Rights.any resumption of Access Rights determined or agreed under the Resumption Provisions which form part of this Agreement under clause 3 or as determined under the relevant dispute resolution process. (c) Except to the extent that the End UserAccess Holder has given a notice as contemplated in clause 6.7(a) in respect of the Resumed Access Rights, the Resumed8(b), the resumption of Access Rights for each Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End UserAccess Holder has not nominated an Operator; and (ii) if, after the operation of clause 6.7(b)(i) 8(c)(i), there is an Over- Allocation for the relevant Train Service Type, clause 3.64.7 applies in respect of that Over-Allocation.
Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End User;Access Holder in accordance with the Conditional Access Provisions which form part of this Agreement under clause 3; and (ii) if the End User givesAccess Holder disputes the Aurizon Network a DisputeCapacity Assessment Notice referred to in clause 7.6(a) or the End User is otherwise invited to participate in the dispute resolution process under the relevant Other Conditional Access Holder’s Access Agreement in accordance with clause 7.6(d),, two Business Days after the resolution of the Dispute, the End UserAccess Holder may give notice tonotify Aurizon Network and each affected Operator in accordance with clause 3.4(a)4.5(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the variation to the Conditional Access Rights under the Conditional Access Provisions which form part of this Agreement under clause 73. (b) Except to the extent that the End UserAccess Holder has given a notice as contemplated in clause 9.3(a) in respect of the variation to the Conditional Access Rights under thisthe Conditional Access Provisions which form part of this Agreement under clause 73 for each affected Train Service Type, the variation to the Conditional Access Rights for each affected Train Service Type: (i) firstly, are deemed to reduce the Access Rights for that Train Service Type for which the End UserAccess Holder has not nominated an Operator; and (ii) if, after the operation of clause 7.8(b)(i)9.3(b)(i), there remains an Over-Allocation for the relevant Train Service Type, clause 3.64.7 applies in respect of that Over-Allocation. (c) As soon as practicable after the expiry of the period referred to in clause 7.8(a), Aurizon Network must, in respect of each Train Service Type affected by the variation to the Conditional Access Rights: (i) issue a notice to the End User setting out the changes to theNominated Monthly Train Services (for a 30 day Month)” set out in schedule 2 of this Agreement; and (ii) issue a notice to each affected Operator and the End User setting out the changes to the “Nominated Monthly Operational Rights (for a 30 day Month)” in schedule 2 of the relevant affected Operator’s Train Operations Agreement.
Effect on Operator nominations. (a)(c) Within the later of: (i) two Business Days after the Resumption Notice a notice triggering a proposed resumption is given to the End UserAccess Holder; and (ii) if the End UserAccess Holder gives a notice in accordance with clause 1.1 Disputingdisputes a proposed resumption, two Business Days after the resolution of the Dispute, the End UserAccess Holder may give notice to Aurizon Network and each affected Operator in accordance with clause 4.4(a) to vary the Access Rights which the End UserAccess Holder has allocated to an Operator to take into account the Resumed Access Rightsany resumption of Access Rights determined or agreed under the Resumption Provisions.
Effect on Operator nominations. (a) Within the later of: (i) two Business Days after the Capacity Assessment Notice is given to the End UserAccess Holder in accordance with the Conditional Access Provisions; and

Related to Effect on Operator nominations

  • Removal of Board Members Each Stockholder also agrees to vote, or cause to be voted, all Shares owned by such Stockholder, or over which such Stockholder has voting control, from time to time and at all times, in whatever manner as shall be necessary to ensure that: (a) no director elected pursuant to Sections 1.2 or 1.3 of this Agreement may be removed from office other than for cause unless (i) such removal is directed or approved by the affirmative vote of the Person(s) entitled under Section 1.2 to designate that director (including, as applicable, the Noteholders); or (ii) the Person(s) originally entitled to designate or approve such director pursuant to Section 1.2 is no longer so entitled to designate or approve such director; (b) any vacancies created by the resignation, removal or death of a director elected pursuant to Section 1.2 or 1.3 shall be filled pursuant to the provisions of this Section 1; and (c) upon the request of any party entitled to designate a director as provided in Section 1.2 to remove such director (including, as applicable, the Noteholders), such director shall be removed. All Stockholders agree to execute any written consents required to perform the obligations of this Agreement, and the Company agrees at the request of any party entitled to designate directors (including, as applicable, the Noteholders) to call a special meeting of stockholders for the purpose of electing directors.

  • Determinations and Actions by the Board of Directors, etc For all purposes of this Agreement, any calculation of the number of Common Shares outstanding at any particular time, including for purposes of determining the particular percentage of such outstanding Common Shares of which any Person is the Beneficial Owner, shall be made in accordance with the last sentence of Rule 13d-3(d)(1)(i) of the General Rules and Regulations under the Exchange Act. The Board of Directors of the Company shall have the exclusive power and authority to administer this Agreement and to exercise all rights and powers specifically granted to the Board, or the Company, or as may be necessary or advisable in the administration of this Agreement, including, without limitation, the right and power to (i) interpret the provisions of this Agreement and (ii) make all determinations deemed necessary or advisable for the administration of this Agreement (including a determination to redeem or not redeem the Rights or to amend the Agreement). All such actions, calculations, interpretations and determinations (including, for purposes of clause (y) below, all omissions with respect to the foregoing) which are done or made by the Board in good faith, shall (x) be final, conclusive and binding on the Company, the Rights Agent, the holders of the Rights Certificates and all other parties and (y) not subject the Board to any liability to the holders of the Rights.

  • Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency.

  • Major Decisions (A) Subject to Sections 7.3(C) and 7.3(D) with respect to the Company, all major decisions of the Company set forth below in clauses (A)(1) through (A)(6) (“Major Decisions”) shall be subject to the Company’s Articles of Incorporation and joint approval by the Advisor and Sub-advisor. For the avoidance of doubt, Major Decisions specifically exclude any decisions regarding the day-to-day operations of the Company, the decision-making authority for which has been delegated to the Sub-advisor pursuant to this Agreement. Major Decisions shall consist of the following: (1) Decisions to recommend to the Board of Directors that the Company acquire or sell Properties, Loans and other Permitted Investments; (2) Retention of investment banks for the Company; (3) Marketing methods for the Company’s sale of Shares; (4) Extending, initiating or terminating the Initial Public Offering or any subsequent Offering of the Shares; (5) Issuing press releases involving the major decisions of the Company or the Advisor or Sub-advisor or their Affiliates with respect to the business or operations of the Company; provided, that the Sub-advisor need not obtain consent to any press releases regarding acquisitions or dispositions of Properties, Loans or other Permitted Investments; and provided further, however, that notwithstanding the immediately preceding proviso, any mention of the Advisor or its Affiliates in such press releases regarding acquisitions or dispositions shall be pre-approved by the Advisor; and (6) Merging or otherwise engaging in any change of control transaction for the Company. (B) Notwithstanding anything in this Agreement to the contrary, if the Parties do not agree to any action constituting a Major Decision that is described in any of clauses (A)(2) through (A)(6) above and that has been proposed by either Party, the Parties shall meet (in person or by phone) to discuss the issue in dispute in good faith over the five-business day period beginning with the delivery of notice of the proposed action to the other Party. (C) Notwithstanding anything in this Agreement to the contrary, with respect to Major Decisions described in clause (A)(1) above (but subject to Section 7.3(D)), (1) joint approval shall not be required, (2) the Sub-advisor and the Advisor shall discuss the proposed transaction (either in person or by phone) prior to either Party making any recommendation of the proposed transaction to the Board of Directors, and (3) the Sub-Advisor and the Advisor shall each give due consideration to the opinions of the other Party. Ordinarily, such discussions shall begin at least five business days before a recommendation is made to the Board of Directors; however, if in the sole discretion of the Sub-advisor it is in the best interest of the Company to make a recommendation to the Board of Directors more promptly, then the Sub-advisor may do so. In the event the Parties do not agree as to whether to recommend the proposed transaction to the Board of Directors, the Sub-advisor’s decision shall govern. (D) Notwithstanding the provisions of this Section 7.3 or any other provision in this Agreement to the contrary, in all events, including Major Decisions, the Company will be managed under the direction of the Board of Directors. (E) Notwithstanding anything in this Agreement to the contrary (but subject to Section 7.3(D)), the Sub-advisor shall have sole authority to act on behalf of the Company regarding amending the Advisory Agreement.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • INDEPENDENT ASSESSMENT COMMITTEE CHAIRPERSONS Xx. Xxxxxx Xxxxxxxxx Registered Nurses Association of Ontario 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX X0X 0X0 Telephone: (000) 000-0000, ext. 216 Fax: (000) 000-0000 E-mail: xxxxxxxxxxxxxx@xxxxxxxxx.xx Ms. Xxxxxxx Plain 0000 Xxxxxx Xxxx Xxxxxxxx, XX X0X 0X0 Telephone: (000) 000-0000 Email: xxxxxxx.xxxxx@xxxxxxxxx.xx BETWEEN: AND:

  • Board Composition and Board Designations The Company shall ensure that: (i) the qualifications of the persons serving as members of the Board of Directors and the overall composition of the Board comply with the Sxxxxxxx-Xxxxx Act, with the Exchange Act and with the listing rules of the Exchange or any other national securities exchange, as the case may be, in the event the Company seeks to have its Public Securities listed on another exchange or quoted on an automated quotation system, and (ii) if applicable, at least one member of the Audit Committee of the Board of Directors qualifies as an “audit committee financial expert,” as such term is defined under Regulation S-K and the listing rules of the Exchange.

  • Determinations and Actions by the Board of Directors The Board of Directors of the Company shall have the exclusive power and authority to administer this Agreement and to exercise the rights and powers specifically granted to the Board of Directors of the Company or to the Company, or as may be necessary or advisable in the administration of this Agreement, including, without limitation, the right and power to (i) interpret the provisions of this Agreement and (ii) make all determinations deemed necessary or advisable for the administration of this Agreement (including, without limitation, a determination to redeem or not redeem the Rights or to amend this Agreement). All such actions, calculations, interpretations and determinations (including, for purposes of clause (y) below, all omissions with respect to the foregoing) that are done or made by the Board of Directors of the Company in good faith, shall (x) be final, conclusive and binding on the Company, the Rights Agent, the holders of the Rights, as such, and all other parties, and (y) not subject the Board of Directors to any liability to the holders of the Rights.

  • Timber Designations Timber designated for cutting shall be confined to Sale Area, except as provided in B2.131, B2.14, B2.15, B2.32, and B5. 1. Sale Area Map

  • FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of an offer, the respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!