Evolution. ─ The participants in implementing this appendix agree that the SSLMP must evolve with changing scientific knowledge to allow for better definition of the monitoring elements, issues and client expectations.
Evolution. The Parties acknowledge that e-commerce, the Internet and associated technologies and ways of doing business are evolving rapidly, and as a result, that the form and content of this Agreement as of the Effective Date, may not be optimally suited to either the relationship of the Parties or prevailing conditions throughout the entire Term of the Agreement. Accordingly, the Parties agree to confer and discuss in good faith either Party's reasonably perceived need to modify this Agreement in order: (a) to adjust to prevailing or anticipated conditions, (b) to provide a more positive customer experience on the XXX.xxx Site; (c) to maximize customers and revenues from or through the XXX.xxx Site; or (d) to maximize return on investment to all Parties. Notwithstanding the foregoing, no modification to this Agreement shall be effective except pursuant to Section 19.9 hereof. (***************) SIGNATURES APPEAR FOLLOWING PAGE
Evolution. The product will evolve in capacity, national standards, and frequency bands. [***] CONFIDENTIAL TREATMENT REQUESTED
Evolution. In the U.S. courts, the enforcement of shareholders’ agreements concerning issues normally in the power of shareholders has been an object of discussion98. Most of the initial decisions of courts considered voting agreements invalid99. The main two reasons for invalidating the agreements were i) the idea that the power to vote was treated as inseparable from the shares and ii) the idea that shareholders owe to the each other a duty to vote in the corporation meetings in the best interest of the corporation100. Today, the trend toward the validity and enforcement of shareholders’ agreements concerning shareholder issues has a most positive perspective in courts101. The enactment of statutes expressly authorizing this kind of agreement has been the best way to avoid discussion about the validity of shareholders’ agreements concerning 98 O’NEIL and XXXXXXXX, supra note 6, at 5:11. 99 Id. 100 Id. at 5:12-13. 101 Id. at 5:15. shareholder decisions102. The MBCA and D.G.C.L. provide specific rules for the enforcement of pooling agreements,103 proxy agreements,104 and voting trust105. 102 Id. at 5:17. 103 See MODEL BUS. CORP. ACT § 7.31 (2005). It provides that:
Evolution. The parties anticipate that the Program (including the features of the Program and the systems and technologies used by both parties in the Program) will evolve over time to keep pace with technological advancements and improvements in the methods of delivering data, receiving data, processing data, generating output, marketing innovations, and performing other Services in connection with the Program. Subject to the provisions of this Section 3.2, the parties agree to cooperate with each other in taking advantage of such technological advancements and other improvements to maintain and improve the effectiveness and competitiveness of the Program.
Evolution. [1. The Partners intend that the Space Station shall evolve through the addition of capability and shall strive to maximize the likelihood that such evolution will be effected through contributions from all the Partners. To this end, it shall be the object of each Partner to provide, where appropriate, the opportunity to the other Partners to cooperate in its proposals for additions of evolutionary capability. The Space Station together with its additions of evolutionary capability shall remain a civil station, and its operation and utilization shall be for peaceful purposes, in accordance with international law.]
Evolution. Historically, shareholders’ agreements concerning director decisions were held invalid by courts141. The arguments to invalidate shareholders’ agreements were:142
Evolution. The parameters which determine evolution of the factoring commission rates are renowned for being set in constant Euros. They will thereby be revalued on the 1st of January and the 1st of July of each year in accordance with evolution of the Consumer Price Index (CPI), Services heading (Identifier: 4009E). The references and revision index will be respectively the last index published on date of signing of the contract and the last index published before each revision, In either of the following cases; · Modification affecting the composition and/or definition of the CPI index or of the rate in which the special financing commission is set out below. · Disappearance of this index or of the rate and substitution of a rate or index of the same type or equivalent, modification affecting the body publishing it or the modalities of publication, following in particular passage to the single European currency, the index or rate issued from this modification of this substitution will apply by operation of law.
Evolution. This document, dated this 8th day of June, 2000 (the "Effective Date") is the latest in a series of documents written as the product concept has evolved. Many changes from the preceding document (TVE System, Product Development Plan, 9/13/99, ref TVE/program 5.doc) are included within. The inclusion of a Bread Board System as part of the Research Phase is the most significant change and reflects two significant modifications to the Product concept:
Evolution. The product will evolve in capacity, national standards, and frequency bands. The evolutionary steps are: The CSC release 1 is [***] channel [***]QAM for [***] MHz (ETSI) and [***] MHz (FCC) channel spacing. Release 2 is [***] channel, [***] QAM [***] MHz (ETSI) and [***] MHz (FCC). The CSC is changed to a rack mounted [***]. The CRU and TS release 1 are [***] GHz band. Future release is for [***] GHz channel and US bands (TBD). The CMU is a [***] [***] Pizza box, [***] QAM. It will evolve to a Dual [***] QAM modem BMU card, and a SMU card (dual [***]) in release 2. [***] CONFIDENTIAL TREATMENT REQUESTED NETRX/XXXLTEL WORK SPLIT
