Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the ...
Feasibility Study. A feasibility study will identify the potential costs, service quality and other benefits which would result from contracting out the work in question. The cost analysis for the feasibility study shall not include the Employer’s indirect overhead costs for existing salaries or wages and benefits for administrative staff or for rent, equipment, utilities, and materials, except to the extent that such costs are attributable solely to performing the services to be contracted out. Upon completion of the feasibility study, the Employer agrees to furnish the Union with a copy if the feasibility study, the bid from the Apparent Successful Bidder and all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. The Employer shall not go forward with contracting out the work in question if more than sixty percent (60%) of any projected savings resulting from the contracting out are attributable to lower employee wage and benefit costs.
Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 15 days_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in Xxxxx’s sole and absolute discretion for Xxxxx’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Xxxxx’s determination of whether or not the Property is acceptable. Xxxxx’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and Xxxxx’s Deposit(s) will be returned after Xxxxxx Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. Xxxxx’s failure to timely close thereafter shall be deemed a breach by the Buyer.
Feasibility Study. 4.1 The Company shall undertake the Feasibility Study from the Commencement Date for the Contract Period, in accordance with the provisions of Schedule 1 and shall use its reasonable endeavours to complete the performance of the Feasibility Study pursuant to the timelines set out in Schedule 1 or as otherwise agreed in writing between the parties.
4.2 The Feasibility Study shall be subject to amendment in accordance with clause 23 as may be agreed in writing by the parties, including but not limited to as a result of collaboration undertaken pursuant to clause 4.6, and each party shall consider in good faith any reasonable amendments proposed by the other party from time to time during the term of this Agreement.
4.3 For the avoidance of doubt, the Approved Costs provided for in Schedule 2 to be paid by the Hospital shall not be increased as a result of any amendments to the Feasibility Study provided under this Agreement.
4.4 The Company shall at all times during the period of this Agreement use all reasonable care and skill in connection with the performance of the Feasibility Study and perform its obligations in accordance with the provisions of clause 16 (Ethics and Compliance).
4.5 It is a condition for receipt of the funding from the Hospital that, in the performance of the Feasibility Study, the Company:
4.5.1 collaborates with clinicians and other members of NHS staff to ensure that the outcome of the Project meets the needs of the NHS;
4.5.2 collaborates with health economists appointed by the Agent at such location and at such times as directed by the Agent.
4.6 A representative from the Company engaged in the Feasibility Study shall meet once per 3 months with the Agent to discuss the progress of the Project. The Company shall be obliged to take into account the opinion of clinical feedback referred to in clause 4.5 in its research development and where reasonable make changes to the focus of the Feasibility Study should the parties agree it.
4.7 In the event of a failure by the Company to comply with its obligations under clauses 3.4, 4.5 and 4.6 above, the Hospital may in its discretion and/or at the direction of the Agent terminate this Agreement and give notice to the Company requiring repayment by the Company of some or all of the Approved Costs paid to the Company up until the date of receipt of such notice.
Feasibility Study. Subject to the terms and conditions of this Agreement, and in reliance on the representations, warranties and covenants contained herein, the Parties hereby agree as follows:
Feasibility Study o (a.) The Parties hereby agree that the District shall undertake a Feasibility Study to investigate potential options and solutions, including cost estimates, to the School’s deficiencies and issues as identified in the Statement of Interest or as otherwise determined by the Authority and in accordance with the Scope, Budget, and Schedule approved by the Authority, provided that the Authority has the unconditional unilateral right to alter that approved Scope, Budget, and/or Schedule for the Authority’s convenience and the Authority will not be liable to the District for any loss and/or damage that arises, in whole or in part, out of any such alteration. The adequacy, sufficiency and/or acceptability of a Feasibility Study or a Prior Study, as defined in Section 2.1(c) of this Agreement, for the purposes of the Authority’s grant program shall be determined by the Authority within its sole discretion. Any determination by the Authority that a Feasibility Study or Prior Study is adequate, sufficient or acceptable for the Authority’s purposes shall not be construed as a certification or approval by the Authority of the studies, plans, drawings, designs, cost estimates, specifications or any other information or materials contained therein and no MSBA requirement that the District study a particular Option shall constitute an MSBA approval of that Option, in whole or in part. The District, its officials, employees and agents are and shall remain responsible for the Feasibility Study and/or Prior Study and the building designs, site plans, drawings, cost estimates, specifications and other materials and information relative thereto that the District submits to the Authority. The Authority’s review of the Feasibility Study and/or Prior Study and any studies, plans, drawings, designs, cost estimates, specifications or any other information or materials contained therein or related thereto is solely for the purpose of determining whether they meet the provisions of this Agreement and the Authority’s regulations, standards, policies, guidelines and other requirements and whether the District will be eligible for potential funding from the Authority for the Proposed Project. Approval of a Proposed Project shall only be determined by a vote of the Authority’s Board in accordance with 963 CMR 2.00 et seq. and the applicable policies and guidelines of the Authority.
(i.) The District shall procure a Designer to conduct the Feasibility Study pursuant to the provisions ...
Feasibility Study. 3.3.1 The feasibility study shall identify any potential adverse system impacts that would result from the interconnection of the Small Generating Facility.
3.3.2 A deposit of the lesser of 50 percent of the good faith estimated feasibility study costs or xxxxxxx money of $1,000 may be required from the Interconnection Customer.
3.3.3 The scope of and cost responsibilities for the feasibility study are described in the attached feasibility study agreement (Attachment 6).
3.3.4 If the feasibility study shows no potential for adverse system impacts, the Transmission Provider shall send the Interconnection Customer a facilities study agreement, including an outline of the scope of the study and a non- binding good faith estimate of the cost to perform the study. If no additional facilities are required, the Transmission Provider shall send the Interconnection Customer an executable interconnection agreement within five Business Days.
3.3.5 If the feasibility study shows the potential for adverse system impacts, the review process shall proceed to the appropriate system impact study(s).
Feasibility Study. 3.1 KRYPTON shall initiate the development program contemplated hereunder as soon as technically feasible and within the time limits set forth in the mutually accepted development program by giving written notice to that effect to GENTA JAGO. Not later than two (2) months after receipt of (i) such notice, (ii) a * and (iii) the Active Ingredient, GENTA JAGO shall commence the feasibility study under ------------- * Confidential treatment requested. The redacted material has been separately filed wit the Commission. this Article 3. and shall use its commercially reasonable efforts to develop the Prototype Formulations. Up to three (3) of the developed Prototype Formulations shall be chosen by mutual agreement by the Parties for further study and development. The Parties recognize that the Specifications mutually agreed upon eventually will need to be updated with more detailed specifications for the Final Product in the course of the development, and in such case the Parties agree to mutually agree on any reasonable amendment of the Specifications.
3.2 The development of the Prototype Formulations shall include, but not necessarily be limited to, the following elements:
(a) Development and establishment of analytical methodology specific to the characterization of such Prototype Formulations;
(b) Qualitative and quantitative characterization of such Prototype Formulation;
(c) In-vitro release profile characterization of such Prototype Formulations and the Originator by using appropriate methodology mutually agreed to by the Parties;
(d) Elaboration of pre-scale up procedures and the production of samples (2000 units +/- 10%) of the chosen Prototype Formulations for evaluation by KRYPTON, and for use in the Pilot Pharmacokinetic Study under Article 4. below; and
(e) Accelerated stability testing of Prototype Formulations to provide *.
3.3 GENTA JAGO will ensure the use of generally accepted standards of Good Laboratory and Manufacturing Practices during the performance of the feasibility study.
3.4 Within thirty (30) days of the completion of the feasibility study, GENTA JAGO shall supply KRYPTON with a report (the "Feasibility Study Report") reasonably detailing the development of the Prototype Formulation(s) and containing one (1) month accelerated stability data only. A supplement to the Feasibility Study Report containing the * accelerated stability data will be forwarded sixty (60) days later.
3.5 Prior to the commencement of the Feasibility Study GENTA...
Feasibility Study. 4.3.1 The Feasibility Study shall identify any potential adverse system impacts that would result from the interconnection of the Generating Facility.
4.3.2 In order to remain in consideration for interconnection, the Interconnection Customer must return the executed Feasibility Study Agreement within the timeframe agreed upon in the scoping meeting.
4.3.3 A deposit of the good faith estimated Feasibility Study costs may be required from the Interconnection Customer.
4.3.4 The scope of and cost responsibilities for the Feasibility Study are described in the Feasibility Study Agreement.
4.3.5 If the Feasibility Study shows no potential for adverse system impacts, GUC shall send the Interconnection Customer within an agreed upon timeframe a Facilities Study Agreement, including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the study. If a Facilities Study is not required, GUC shall send the Interconnection Customer an executable Interconnection Agreement within an agreed upon timeframe.
4.3.6 If the Feasibility Study shows the potential for adverse system impacts, the review process shall proceed to the appropriate System Impact Studies.
Feasibility Study. The second sentence of this section is modified to read as follows: "Each party shall have until the earlier of August 31, 1998 or the date the Proxy Statement describing the Share Exchange is filed with the Securities Exchange Commission to conduct such a Feasibility Study ("Feasibility Period")."
