For us to determine allocations either under Clause 5.5 or 5.8, you will be required to submit Program Delivery Plans documenting anticipated delivery of a program, and we will consider issues such as labour market needs.
For us to waive a right under this Agreement, the waiver must be in writing.
For us to advertise the game and our Services, you agree we may use your school logo, any photos or screenshots of the game and any testimonials you or your students provide. If you do not wish us to use any of these, please ask us before we start providing our Services.
For us to fulfill that obligation, we must ensure that Commerce provides “an explanation that is adequate to enable the court to determine whether the choices are in fact reasonable, including as to calculation methodologies.” CAFC 2019 Op., 940 F.3d at 667; Xxxxx, 5 F.4th at 1357. Last year, in Xxxxx, we held that Commerce had provided an inad- equate explanation of the reasonableness of its use of Xxxxx’x d in its differential-pricing analysis in circumstances where that use seem- ingly departed from what the statistical literature taught. Xxxxx, 5 F.4th at 1357–60. What was unjustified there was Commerce’s use of Xxxxx’x d “in adjudications in which the data groups being compared are small, are not normally distributed, and have disparate vari- ances.” Id. at 1357. We remanded for further consideration. On the record presented to us here, we do the same, focusing on a different feature of Commerce’s use of Xxxxx’x d. We hold that Com- merce has not adequately justified its adoption of simple averaging for the Xxxxx’x d denominator. Commerce has departed from the methodology described in all the cited statistical literature governing Xxxxx’x d, but it has not justified that departure as reasonable. We again remand for further consideration.
