Method of Determining AVR Sample Clauses

Method of Determining AVR. The AVR shall be based upon employee surveys undertaken for one consecutive week each calendar year. For purposes of calculating AVR, the survey must be conducted in accordance with SMMC Chapter 9.16, or any successor thereto, in effect at the time the survey is conducted except that zero emission vehicles shall be counted as vehicles. The survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday as specified in Section 1.40 of this Agreement and cannot occur during ‘Rideshare Week’ or other ‘event’ weeks (i.e. Bicycle Week, Walk to Work Week, Transit Week etc.). This survey must have a minimum response rate of seventy-five percent of employees who report to or leave work between six a.m. and ten a.m., inclusive, and seventy-five percent of employees who report to or leave work between three p.m. and seven p.m., inclusive. A ninety percent or better survey response rate for the a.m. or p.m. window allows the Developer to count the ‘no-survey responses’ as ‘other’ when calculating the AVR. If the AVR Report shows that the Creative Office AVR Requirement has not been achieved for such Building, then the Developer owning such Building shall submit modifications to the TDM Plan that are likely to achieve the Creative Office AVR Requirement by the date of the next annual evaluation of such Building to the Planning Director for approval within 60 days of the submission of the AVR Report, with such approval not to be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the Planning Director may recommend modifications to the TDM Plan applicable to such Building. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the Planning Director (or proposed by the Planning Director and agreed to by the Developer) to help the Project achieve the Creative Office AVR Requirement shall be implemented within 30 days upon approval of the TDM Plan modifications.
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Related to Method of Determining AVR

  • Method of Determination A determination (if required by applicable law) with respect to Indemnitee’s entitlement to indemnification shall be made, as follows: (a) if a Change in Control has occurred, unless Indemnitee shall request in writing that such determination be made in accordance with clause (b) of this Section 6.02, the determination shall be made by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee. (b) If a Change in Control has not occurred, and subject to Section 6.03, the determination shall be made by (i) a majority vote of the Disinterested Directors, even though less than a quorum; (ii) by a committee of Disinterested Directors designated by majority vote of such Disinterested Directors, even though less than a quorum; (iii) if there are no such Disinterested Directors, by the Independent Counsel in a written opinion to the Board, or (iv) by the Company’s stockholders.

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  • Method of Exercise Payment Issuance of New Warrant;

  • Method of Computation To determine the Adviser’s liability with respect to the Excess Amount, each month the Fund Operating Expenses for the Fund shall be annualized as of the last day of the month. If the annualized Fund Operating Expenses for any month exceeds the Operating Expense Limit of the Fund, the Adviser shall first waive or reduce its investment advisory fee for such month by an amount sufficient to reduce the annualized Fund Operating Expenses to an amount no higher than the Operating Expense Limit. If the amount of the waived or reduced investment advisory fee for any such month is insufficient to pay the Excess Amount, the Adviser shall also remit to the Fund an amount that, together with the waived or reduced investment advisory fee, is sufficient to pay such Excess Amount.

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  • Method of Conversion This Note may be converted by the Holder in whole or in part as described in Section 2.1(a) hereof and the Subscription Agreement. Upon partial conversion of this Note, a new Note containing the same date and provisions of this Note shall, at the request of the Holder, be issued by the Borrower to the Holder for the principal balance of this Note and interest which shall not have been converted or paid.

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