Reporting Unsuccessful Security Incidents Business Associate shall provide Covered Entity upon written request a Report that: (a) identifies the categories of Unsuccessful Security Incidents; (b) indicates whether Business Associate believes its current defensive security measures are adequate to address all Unsuccessful Security Incidents, given the scope and nature of such attempts; and (c) if the security measures are not adequate, the measures Business Associate will implement to address the security inadequacies.
Train Operator Events of Default The following are Train Operator Events of Default:
Default Events (a) Any material breach of the Funding Agreement by the Recipient, including those set out below, will be an event of default (“Default Event”):
Developer Event of Default Any of the following events shall constitute an event of default by the Developer ("Developer Event of Default") unless such event has occurred as a result of a Force Majeure Event or the Authority Event of Default or any governmental action for reasons other than any breach, default or lapse on the part of the Developer:
Consequences of Events of Default and Corrective Action If an Event of Default occurs, the Province may, at any time, take one or more of the following actions:
Reports of unusual occurrence The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include:
Sale of Note; Change of Loan Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
Authority Event of Default Any of the following events shall constitute an event of default by the Authority ("Authority Event of Default”), when not caused by a Developer Event of Default:
Concluding Remarks This chapter explored whether multiple concepts related to slot coordination offer scope for finding solutions for the specific issues experienced at super-congested airports relating to this dissertation’s research questions, primarily in the field of reflecting the public value associated with slots in coordination decisions and safeguarding airport access for the purposes of a competitive air transport market safeguarded by EU Regulation 1008/2008. The concepts discussed include the debate on who holds the legal title to a slot, the functionally and financially independent coordinator, the application of the new entrant rule, the implementation of a secondary market for slots and the relationship between the allocation of slots and competition law. In my view, slots are allocated to airlines as entitlements to use available infrastructure, subject to conditions such as utilization thresholds or allocation criteria. Indeed, they represent relevant operational, economic, legal and social interests and functions.1342 Inter alia, according to the Commission, slots are “critical inputs” for any entrant wishing to operate or expand services.1343 Although airlines, airports and governments alike have claimed they should be regarded as the legal owners of slots,1344 they cannot, in my view, be identified as property rights. At super-congested airports in particular, slots are valuable concepts to society at large as they safeguard public functions such as connectivity and airport access, as discussed in Chapter 2, sections 2.3 and 2.4. Accordingly, Chapter 6 recommends that the coordinator should ensure that scarce slots are declared, allocated and used in a way that is reflective of these public functions. Solving the debate on slot ownership by clarifying that slots are essentially public goods could contribute to making this recommendation work. Furthermore, a future slot regime should be cognizant of the shifted role of the coordinator from performing merely technical functions to that of a policymaker, so to say. At super-congested airports, slot allocation ultimately comes down to making decisions which airlines can and cannot operate to and from an airport.1345 With slot scarcity levels and the risk of judicial reviews of allocation decisions rising, coordinators play an increasingly important role in the correct application of the slot allocation rules. After all, airlines are all in the same ‘game’ for the last available slot pair and the coordinator continuously has to make trade-offs between competing slot requests. Though the coordinator has been delegated public functions, by no means was the slot coordinator intended to perform the task of policy making. Arguably, the coordinator has been handed a role it was never intended to perform.1346 In a constrained environment where the overall number of slots is largely fixed and there is no outlook for capacity increases, the possibilities for airlines to start or expand services requires incumbent airlines to exit or downscale their services at a particular airport.1347 Given the high value of slots at super-congested airports, it is unlikely that airlines will simply hand back the slots they hold to the coordinator, even in times of economic downturn. Instead, they may capitalize the slots they hold to pay off creditors in case of a bankruptcy or insolvency, or they may engage in slot transfers or lease agreements, as discussed in sections 5.3 and 5.6 above. Hence, airport access becomes foreclosed in its entirety to airlines wanting to expand or 1342 See European Commission, supra note 54, paragraph 11. 1343 See Case M.3770 – Lufthansa/Swiss, supra note 274, paragraph 27. 1344 See Abeyratne, supra note 55, at 36; Xxxx XxxXxxxxx, supra note 63, at 2-2. 1345 See ICAO, supra note 256. 1346 See Xxxxxx et al., supra note 18, at 9. 1347 See Xxxx XxxXxxxxx(II), supra note 113, at 111. start operations at super-congested airports with no slots freely available, or at peak times at other congested airports.
Termination Events This Agreement may, by notice given prior to or at the Closing, be terminated:
