Mandatory Modifications. In the event any changes must be made in the Products to comply with official requirements (including governmental regulation or industrial standards), Stellartech shall make any such changes thereto. Any such changes, other than those due to Stellartech’s negligence, shall be paid for by Thermage at Stellartech’s Standard Rates. It is understood that this may result in schedule changes, non-recurring expenses or Product price adjustments which will be negotiated by the parties in good faith at such time. With respect to Products changed to comply with such requirements that have been ordered but not yet delivered, an appropriate adjustment of the delivery date shall be agreed by the parties.
Mandatory Modifications. Mandatory modifications to the Products shall be provided by Vendor, at no additional cost to BTE (beyond any Maintenance and Support Services fees), whenever such modifications are mandated or required to meet modifications are mandated or required to meet all federal and state governmental requirements, statutes, ordinances, edicts, rules, guidelines or standards related to BTE’s use of Vendor Products including, without limitation, all mandatory standards established by committees, agencies or other standard-setting organizations implementing regulatory requirements, policies or operating standards adopted by the telecommunications industry and any other such modifications or changes that may be required to meet the then-current industry-accepted specifications or standards for third party Software with which the Software interfaces and all federal, state and regulatory requirements that relate to BTE’s use of the Software (collectively, “Mandatory Modifications”). On or before the date on which BTE is required to comply with such Mandatory Modifications, Vendor shall provide to BTE all such Mandatory Modifications. Following installation of such Mandatory Modifications Vendor shall provide all Maintenance and Support Services for such Mandatory Modifications under the Agreement.
Mandatory Modifications. The Used Aircraft shall be in compliance with all Airworthiness Directives and all Service Bulletins mandatory issued during the Lease Term affecting the Used Aircraft and having a compliance date within the lease term. Should the Lessee be obliged to implement a mandatory modification on the Used Aircraft so as to conform with the above paragraph, then the Lessor shall make a contribution to the cost of such mandatory modification by payment to the Lessee of an amount equal to: [*****] 11 [*****] : The Lessee shall pay [*****] to the Lessor each month [*****] As a separate obligation, the Lessor shall make [*****] to the Lessee, upon submission by the Lessee to the Lessor of invoices evidencing [*****] Payments of [*****] and of [*****] shall be governed by a [*****] (with respect to each Aircraft the [*****] [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. Each [*****] shall be substantially the same (except for the specifics of each Used Aircraft such as MSN and delivery date) as the [*****] already executed by and between the Lessor and the Lessee for the [*****]
Mandatory Modifications. It is the Parties’ intent under this Agreement that all of the Parties obtain net positive benefits from the coordination of their facilities over the term of this Agreement. The Parties recognize that their positions and the characteristics of the Coordinated System may change on account of, for example, additions of thermal generation and changes in load shape or periods of peak load demands. If such change have occurred and if the provisions of this Agreement no longer provide to the Parties and the Coordinated System optimum hydroelectric generation, the Parties shall modify this Agreement so as to accommodate such changes and to achieve optimum generation.
Mandatory Modifications. At the Company’s request, the Provider shall incorporate any mandatory modification to the LRU requested or demanded by the Civil Aviation Authorities of the country in which the Aircraft is operated. The Company shall be responsible for all the costs and expenses arising out or in connection with the incorporation of such mandatory modification following its acceptance of the cost estimate provided by the Provider, such costs shall not be applicable for the items of the Stock.
Mandatory Modifications. In the event any changes must be made in the ----------------------- Products to comply with official requirements (including governmental regulation or industrial standards), Apical shall make any such changes to Products. It is understood that this may result in schedule changes, non-recurring expenses or Product price adjustments which will be negotiated by the parties in good faith at such time. With respect to Products changed to comply with such requirements that have been ordered but not yet delivered, an appropriate adjustment of the delivery date shall be agreed by the parties.
Mandatory Modifications. Mandatory modifications to the Products shall be provided by Vendor, at no additional cost to School District (beyond any Maintenance and Support Services fees), whenever such modifications are recommended, mandated or required to meet modifications are mandated or required to meet all federal and state governmental and quasi-governmental regulatory requirements, statutes, ordinances, edicts, rules, guidelines or standards related to School District's use of Vendor Products including, without limitation, all standards or guidelines established by committees, agencies or other standard-setting organizations implementing regulatory requirements, policies or operating standards adopted by the education industry and any other such modifications or changes that may be required to meet the then-current industry- accepted specifications or standards for third party Software with which the Software interfaces and all federal, state and regulatory requirements that relate to School District's use of the Software (collectively, "Mandatory Modifications"). On or before the date on which School District is required to comply with such Mandatory Modifications, Vendor shall provide to School District all such Mandatory Modifications. Following installation of such Mandatory Modifications Vendor shall provide all Maintenance and Support Services for such Mandatory Modifications under the Agreement.
Mandatory Modifications. Lessee shall, at its own cost and expense, ----------------------- make all alterations, additions, replacements, changes or other modifications to the Cars or any part thereof required in order to comply with any applicable laws, regulations, directives, statutes, ordinances or rules, including, without limitation, the rules of the FRA, the STB, the AAR Interchange Rules, the rules and regulations of the EPA (collectively, "Mandatory Modifications") and the rules of any other governing body exercising authority over the design or operation of the Cars; provided, however, that Lessee shall not be obligated to -------- ------- make any Mandatory Modification to any Car which, together with all previous Mandatory Modifications to such Cars performed by Lessee, would exceed Ten Thousand Dollars ($10,000) unless Lessor shares payment responsibility for such excess amount (the "Excess Amount") with Lessee pursuant to the following formula. The cost of the Excess Amount, if any, shall be allocated on a pro- rata basis such that Lessee's share shall be an amount equal to the product of (A) the Excess Amount, multiplied by (B) the remainder of the applicable Term (in months), divided by (C) the estimated life of the Mandatory Modification (in months, not to exceed the remaining economic life of the applicable Car). Lessor's share shall equal the remaining cost and expense of such Mandatory Modification, after subtraction of Lessee's share.
Mandatory Modifications. 13.1 If the incorporation before the date referred to in clause 3.1(b) of any airworthiness directive or service bulletin relating to the Aircraft is made mandatory by the Aviation Authority after the date of this Agreement but before Delivery then the Seller shall notify the Buyer in writing and if in the Seller's reasonable opinion the aggregate cost of all such modifications is likely to exceed ____________ or that the costs involved together with (1) the costs previously incurred under this clause 13.1 and clause 4.4 and/or (2) costs expected to be incurred under clause 4.4 are likely to exceed ____________ then unless the Buyer elects to take the Aircraft without the modification, or unless the Seller and the Buyer otherwise agree in writing, the Seller shall be entitled to terminate its obligation to sell the Aircraft to the Buyer by giving notice to the Buyer to that effect. Upon a termination in accordance with this clause 13.1, the full amount of the Deposit for the Aircraft shall be released to the Buyer in accordance with the terms of the Escrow Agreement but the Seller shall have no other obligation to the Buyer.
13.2 Any delay in tendering delivery of the Aircraft attributable to the carrying out of any mandatory modification referred to in clause 13.1 shall be deemed to be due to a reason beyond the Seller's reasonable control, the provisions of clause 12.1 shall apply and the time taken to effect any such repairs shall be deemed to be an excusable delay for the purposes of this Agreement and the Proposed Delivery Date shall be extended accordingly. The Seller shall not be liable for any effect upon the value, performance or airworthiness of the Aircraft which may be attributable directly or indirectly to any such mandatory modification, and notwithstanding anything to the contrary which may be contained in or implied by this Agreement, the Buyer shall be bound to accept delivery of the Aircraft as so modified.
Mandatory Modifications. ITC shall make any changes to Products required to comply with official requirements (including governmental regulation or industrial standards). With respect to products changed to comply with such requirements that have been ordered but not yet delivered, an appropriate adjustment of the delivery date shall be agreed by the parties.
