Lack of Economic Feasibility Sample Clauses

Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, Superior may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product) and Medis shall immediately return to Superior all non-recurring engineering cost contributions, if any, previously requested or approved in writing by Medis, attributable to the Product development and paid by Superior pursuant to Section 5.2 and after repayment neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product); or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.
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Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, QBS may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product) and Medis shall immediately return to QBS all non-recurring engineering cost contributions, if any, previously requested or approved in writing by Medis, attributable to the Product development and paid by QBS pursuant to Section 5.2 and * Subject to a request for confidential treatment; Separately filed with the Commission. after repayment neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product, or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.
Lack of Economic Feasibility. The Manager, in its sole discretion, determines that it is not economically feasible for it to continue to perform its obligations under this Agreement.
Lack of Economic Feasibility. Notwithstanding any contrary provision of this Agreement, in the event BAC shall determine that its use of the Exclusive License or the Non-exclusive License is not economically feasible or not profitable with respect to its business, BAC shall be entitled to terminate this Agreement upon thirty (30) days prior written notice.
Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, Distributor may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product, and neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product); or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.

Related to Lack of Economic Feasibility

  • Cooperation with Economic Studies If ICANN initiates or commissions an economic study on the impact or functioning of new generic top-­‐level domains on the Internet, the DNS or related matters, Registry Operator shall reasonably cooperate with such study, including by delivering to ICANN or its designee conducting such study all data related to the operation of the TLD reasonably necessary for the purposes of such study requested by ICANN or its designee, provided, that Registry Operator may withhold (a) any internal analyses or evaluations prepared by Registry Operator with respect to such data and (b) any data to the extent that the delivery of such data would be in violation of applicable law. Any data delivered to ICANN or its designee pursuant to this Section 2.15 that is appropriately marked as confidential (as required by Section 7.15) shall be treated as Confidential Information of Registry Operator in accordance with Section 7.15, provided that, if ICANN aggregates and makes anonymous such data, ICANN or its designee may disclose such data to any third party. Following completion of an economic study for which Registry Operator has provided data, ICANN will destroy all data provided by Registry Operator that has not been aggregated and made anonymous.

  • Purchaser Bears Economic Risk The Purchaser has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Company so that it is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. The Purchaser must bear the economic risk of this investment until the Securities are sold pursuant to: (i) an effective registration statement under the Securities Act; or (ii) an exemption from registration is available with respect to such sale.

  • Economic Cooperation 1. The Parties will encourage the utilization of cooperation instruments and mechanisms with a view to strengthen the processes of economic integration and commercial exchange. 2. The objectives of economic cooperation will be: (a) to build on existing agreements or arrangements already in place for trade and economic cooperation; and (b) to advance and strengthen trade and economic relations between the Parties. 3. The Parties will encourage and facilitate, as appropriate, the following activities, including, but not limited to: (a) dialogue about policies and regular exchanges of information and views on ways to promote and expand trade in goods and services between the Parties; (b) joint elaboration of studies and technical projects of economic interest according to the economic development needs identified by the Parties; (c) keeping each other informed of important economic and trade issues, and any impediments to furthering their economic cooperation; (d) providing assistance and facilities to business persons and trade missions that visit the other Party with the knowledge and support of the relevant agencies; (e) supporting dialogue and exchanges of experience among the respective business communities of the Parties; (f) establishing and developing mechanisms for providing information and identifying opportunities for business cooperation, trade in goods and services, investment, and government procurement; and (g) stimulating and facilitating actions of public and/or private sectors in areas of economic interest.

  • Feasibility Each of the Project Budget, the Project Schedule and the Disbursement Schedule is realistic and feasible.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.

  • Information Technology Enterprise Architecture Requirements If this Contract involves information technology-related products or services, the Contractor agrees that all such products or services are compatible with any of the technology standards found at xxxxx://xxx.xx.xxx/iot/2394.htm that are applicable, including the assistive technology standard. The State may terminate this Contract for default if the terms of this paragraph are breached.

  • Economic Uniformity At the election of the General Partner with respect to any taxable period ending upon, or after, the termination of the Subordination Period, all or a portion of the remaining items of Partnership gross income or gain for such taxable period, after taking into account allocations pursuant to Section 6.1(d)(iii), shall be allocated 100% to each Partner holding Subordinated Units that are Outstanding as of the termination of such Subordination Period (“Final Subordinated Units”) in the proportion of the number of Final Subordinated Units held by such Partner to the total number of Final Subordinated Units then Outstanding, until each such Partner has been allocated an amount of gross income or gain that increases the Capital Account maintained with respect to such Final Subordinated Units to an amount equal to the product of (A) the number of Final Subordinated Units held by such Partner and (B) the Per Unit Capital Amount for a Common Unit. The purpose of this allocation is to establish uniformity between the Capital Accounts underlying Final Subordinated Units and the Capital Accounts underlying Common Units held by Persons other than the General Partner and its Affiliates immediately prior to the conversion of such Final Subordinated Units into Common Units. This allocation method for establishing such economic uniformity will be available to the General Partner only if the method for allocating the Capital Account maintained with respect to the Subordinated Units between the transferred and retained Subordinated Units pursuant to Section 5.5(c)(ii) does not otherwise provide such economic uniformity to the Final Subordinated Units.

  • Safeguards Monitoring and Reporting The Borrower shall do the following or cause the Project Executing Agency to do the following:

  • Economic Sanctions, Etc The Company will not, and will not permit any Controlled Entity to (a) become (including by virtue of being owned or controlled by a Blocked Person), own or control a Blocked Person or (b) directly or indirectly have any investment in or engage in any dealing or transaction (including any investment, dealing or transaction involving the proceeds of the Notes) with any Person if such investment, dealing or transaction (i) would cause any holder or any affiliate of such holder to be in violation of, or subject to sanctions under, any law or regulation applicable to such holder, or (ii) is prohibited by or subject to sanctions under any U.S. Economic Sanctions Laws.

  • Condominiums/Planned Unit Developments If the Mortgaged Property is a condominium unit or a planned unit development (other than a de minimis planned unit development) such condominium or planned unit development project such Mortgage Loan was originated in accordance with, and the Mortgaged Property meets the guidelines set forth in the Originator's Underwriting Guidelines;

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