Extent of Access Sample Clauses

Extent of Access. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and hubco shall not have or be entitled to exclusive possession (save to the extent expressly included within the Ancillary Rights) or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. The rights referred to at Clauses 9.1 (Access During Construction) and 9.2 (Access Following Construction) are personal to hubco and the hubco Parties. hubco shall procure that:- all Works carried out at the Site by or on behalf of hubco (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any of the Title Conditions or Reserved Rights; and there shall be no action, or omission to act by hubco or a hubco Party, which shall give rise to a right for any person to obtain title to the Site or any part of it. Notwithstanding the terms of Clauses 9.1 and 9.2, or any other rights granted under this Agreement, the Authority shall (if it is the heritable proprietor of the Site), or (if it is not the heritable proprietor of the Site) shall procure that the heritable proprietor of the Site shall, enter into such wayleaves, deeds of servitudes or other similar arrangements with any third party that hubco or any hubco Party may require to be granted in favour of or by any third party, in order to exercise its rights or perform its obligations under this Agreement. The Authority shall enter into (or, where appropriate, shall procure that the heritable proprietor of the Site shall enter into) any such wayleave, deed of servitude or other similar agreement as soon as reasonably practicable after hubco has provided to the Authority all relevant information in connection therewith provided always that xxxxx has obtained at its own cost the prior agreement of the third party in terms acceptable to the Authority (acting reasonably). hubco shall reimburse the Authority for all costs and expenses reasonably and properly incurred by the Authority (and/or the [Scottish Ministers/heritable proprietor of the Site]) in connection with entering into such wayleaves, deeds of servitude or other similar agreements at the request of hubco.6 10THE SITE7 Without prejudice to Clause 17, the condition of the Site [subject to Clauses 10.3 and 10.4] bet...
Sample 1
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Extent of Access. Subject to subsection (b), the [NAME OF TRIBAL JURISDICTION]’s access to the above datasets and databases shall be limited in the following manner: 23. ☐ [NAME OF TRIBAL JURISDICTION] shall have access to data regarding all individuals residing or present within [NAME OF TRIBAL JURISDICTION]’s jurisdiction regardless of whether the individual is a Tribal member or not; and 24. ☐ [NAME OF TRIBAL JURISDICTION] shall have access to data regarding individuals residing or present outside the [NAME OF TRIBAL JURISDICTION]’s jurisdiction as requested to address a specific public health activity, issue, or emergency.
Sample 1
Extent of Access. 9.2.1 For all access under Clause 9.1 (Allow Access), BT shall, or shall procure that the relevant member of the BT Group shall, provide notice that is reasonable in the circumstances (which may be immediate) to Reuters when requiring access to any Facility save that no notice shall be required in respect of a Site where the BT Personnel already have valid access rights for that purpose to the relevant part of the Site (including valid access rights granted prior to the Signing Date). The provision of at least five (5) Business Days shall always be deemed reasonable notice for the purposes of this Clause 9.2.1. 9.2.2 Requests for access should be made to the nominated point of contact at the relevant Facility (as indicated to BT in a Valid Order) or other relevant contact. 9.2.3 Reuters reserves the right under this Agreement to refuse to admit any BT Personnel to the Facilities whose admission would be, in the reasonable opinion of Reuters, detrimental to the business of Reuters or a member of the Reuters’ Group or a customer of either of them.
Sample 1
Extent of Access. The right of a Representative to obtain such access shall not be conditional upon the execution by the Representative or CWB of any agreement, waiver or release which in any way affects the Representative's legal rights or the rights or obligations of CWB, and any such document executed in contravention of this provision shall be without force or effect.
Sample 1

Related to Extent of Access

  • EXTENT OF AGREEMENT This Agreement supersedes all prior agreements, written or oral, between Architect/Engineer and Owner and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. This Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by Owner and Architect/Engineer.

  • EXTENT OF CONTRACT This Contract which includes this Agreement and the other documents incorporated herein by reference represents the entire and integrated Agreement between Owner and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by Owner and Contractor. If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern.

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • Quality and Extent of Services The Board considered the terms of the Agreement, including the scope of advisory services provided under the Agreement. The Board noted that, under the Agreement, XXXX provides portfolio management services to the Fund and that, pursuant to a separate administrative services agreement, DIMA provides administrative services to the Fund. The Board considered the experience and skills of senior management and investment personnel and the resources made available to such personnel. The Board also considered the risks to XXXX in sponsoring or managing the Fund, including financial, operational and reputational risks, the potential economic impact to XXXX from such risks and XXXX’s approach to addressing such risks. The Board reviewed the Fund’s performance over short-term and long-term periods and compared those returns to various agreed-upon performance measures, including market index(es) and a peer universe compiled using information supplied by Morningstar Direct (“Morningstar”), an independent fund data service. The Board also noted that it has put into place a process of identifying “Funds in Review” (e.g., funds performing poorly relative to a peer universe), and receives additional reporting from XXXX regarding such funds and, where appropriate, XXXX’s plans to address underperformance. The Board believes this process is an effective manner of identifying and addressing underperforming funds. Based on the information provided, the Board noted that, for the one-, three- and five-year periods ended December 31, 2020, the Fund’s performance (Class A shares) was in the 2nd quartile of the applicable Morningstar universe (the 1st quartile being the best performers and the 4th quartile being the worst performers). The Board also observed that the Fund has underperformed its benchmark in the one-, three- and five-year periods ended December 31, 2020. Fees and Expenses. The Board considered the Fund’s investment management fee schedule, operating expenses and total expense ratios, and comparative information provided by Broadridge Financial Solutions, Inc. (“Broadridge”) and the Fee Consultant regarding investment management fee rates paid to other investment advisors by similar funds

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