Modification and Substitution. Service Provider may terminate, shorten, modify or extend the Third Party Materials licenses, Equipment Leases and Third Party Contracts for which Service Provider is financially responsible under Section 6.4, Exhibit 2 or Attachment 4-B and, subject to Section 9.11 (including DIR's right of prior approval), may substitute or change vendors relating to goods or services covered thereby; provided that, except as otherwise disclosed by Service Provider and agreed to by DIR, such change(s): (i) shall not constitute a breach of applicable Laws or any obligation of DIR or the DIR Customers under such Materials licenses, Equipment Leases or Third Party Contracts; (ii) shall not result in additional financial obligations, financial or operational risk or Losses to DIR or the DIR Customers; (iii) shall not result in any increase to DIR or the DIR Customers in the cost of receiving the Services; and (iv) if assumable by DIR or the DIR Customers, shall not provide for less favorable terms, conditions or prices for DIR, the DIR Customers and/or their designee(s) following the expiration or termination of this Agreement or any applicable Service(s) than would otherwise be applicable to Service Provider (except for terms, conditions or prices available to Service Provider because of its volume purchases). Service Provider's rights under the preceding sentence are conditioned upon Service Provider paying all applicable termination or cancellation charges, Losses and other amounts due to the applicable vendor associated with such action and indemnifying DIR and the DIR Customers against any such charges, Losses or other amounts associated therewith. Notwithstanding anything to the contrary herein, Service Provider shall not terminate, shorten or modify without DIR's prior written consent any license for Third Party Materials either created exclusively for DIR or the DIR Customers or otherwise not commercially available. Service Provider shall reimburse DIR and the DIR Customer(s) for any termination charges, cancellation charges, or other amounts paid by them at Service Provider's direction in connection with obtaining any such modification. DIR and any DIR Customer may request, and Service Provider shall provide, copies of all extensions, renewals, terminations and modifications proposed and/or entered into by Service Provider hereunder.
Modification and Substitution. Microchip reserves the right to modify its process, materials, or specifications for Goods and to substitute goods substantially equivalent to those ordered or manufactured to the modified specifications. It is Customer’s responsibility to test all Goods to determine suitability for its needs.
Modification and Substitution. 13.1 14.1 Modification Other than in respect of a Reserved Matter, the Trustee may agree without the consent of the Noteholders or Couponholders to any modification to this Trust Deed which is, in the opinion of the Trustee (i) of a formal, minor or technical nature or to correct a manifest error or (ii) not materially prejudicial to the interests of the Noteholders.
Modification and Substitution. The Noteholders may, with the consent of a minimum of 75 per cent. in Principal Amount of the Notes outstanding, make certain determinations, including a determination to terminate the Swap Agreement upon the insolvency of the Swap Counterparty, which will impact the Notes. Such determinations will be binding on all Noteholders. Noteholders holding less than 75 per cent. of the Principal Amount of the Notes outstanding are exposed to the risk that their rights in respect of the Notes may change in a way not desired by such Noteholders. The Notes provide that the Trustee may, without the consent of Noteholders, agree to (i) formal, minor or technical modifications of the Notes or any modification to correct a manifest error or to comply with mandatory provisions of law, where a Special Quorum Resolution is not required, that is not materially prejudicial to the Noteholders’ interests or (ii) the substitution of another company as principal debtor under any Notes in place of the Issuer. The market value of the Notes may be influenced by many factors that are unpredictable: The market value of the Notes (the value that a Noteholder could receive for the Notes if the Noteholder chooses to sell them in the open market before the Maturity Date) will be affected by many factors that are unpredictable. Moreover, these factors interrelate in complex ways, and the effect of one factor on the market value of the Notes may offset or enhance the effect of another factor. No investigations: No investigations, searches or other enquiries have been made and no express or implied representations or warranties are made by or on behalf of the Issuer, the Dealer, the Trustee or any other person on their behalf in respect of the Assets. Asset values: The market price of the Assets will generally fluctuate. The Issuer may have to fund payments due in connection with the Notes by selling Assets at their market value.
Modification and Substitution. Except as otherwise provided in this Agreement, Amdocs may terminate, shorten or extend the Software licenses, Equipment Leases and Third Party Contracts for which Amdocs is financially responsible under SCHEDULES E, E.1, and E.2 of this Agreement and may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise [**] under such Software licenses, Equipment Leases or Third Party Contracts, (ii) shall [**]; and (iii) shall [**] the Services. Notwithstanding anything to the contrary herein, Amdocs shall [**], provided that [**].
Modification and Substitution. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without CoreLogic’s prior written consent any license for Third Party Software either created exclusively for the Eligible Recipients or their customers or otherwise not commercially available. Supplier shall reimburse the Eligible Recipient(s) for any termination charges, cancellation charges or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification. Supplier may terminate, shorten, modify or extend the Third Party Contracts assigned to Supplier and for which Supplier is financially responsible and may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by CoreLogic, such change(s) (i) shall not constitute a breach of any obligation of the Eligible Recipients under such Third Party Contracts; (ii) shall not result in additional financial obligations, financial or operational risk or Losses to the Eligible Recipients; (iii) shall not result in any increase to the Eligible Recipients in the cost of receiving the Services; and (iv) shall not provide for less favorable terms, conditions or prices for any Eligible Recipients and/or their respective designee(s) following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases), unless CoreLogic has otherwise agreed that such Third Party Contract is not assumable.
Modification and Substitution. Supplier may terminate, shorten or extend the Software licenses and Third Party Contracts held by ABM for which Supplier is financially responsible under Schedules E and J.1 of this Agreement and, subject to Section 9.12, may substitute or change suppliers relating to goods or services covered thereby; provided that, except as otherwise disclosed by Supplier and agreed to by ABM, such change(s) (i) shall not constitute a breach of any obligation of ABM or the Eligible Recipients under such Software licenses, Equipment leases or Third Party Contracts, (ii) shall not result in additional financial obligations, financial or operational risk or damages to ABM or the Eligible Recipients; (iii) shall not result in any increase to ABM or the Eligible Recipients in the cost of receiving the Services; and (iv) shall not provide for less favorable terms, conditions or prices for ABM or its designee following the expiration or termination of the Term or any applicable Service than would otherwise be applicable to Supplier (except for terms, conditions or prices available to Supplier because of its volume purchases). Supplier’s rights under the immediate preceding sentence are conditioned upon Supplier paying all applicable termination or cancellation charges, damages and other amounts associated with such action. Notwithstanding anything to the contrary herein, Supplier shall not terminate, shorten or modify without ABM’s prior written consent any license for Third Party Software either created exclusively for ABM or the Eligible Recipients or otherwise not commercially available. Supplier shall reimburse ABM and the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at Supplier’s direction in connection with obtaining any such modification.
Modification and Substitution. Unless otherwise agreed to by the Parties in writing, CSC may terminate, shorten, modify or extend the CSC Designated Contracts and may substitute or change suppliers relating to Equipment, Software or other goods or services covered thereby, so long as such change(s) do not, in connection with such CSC Designated Contract or the Services hereunder: (i) constitute a breach of any obligation of the Eligible Recipients under any CSC Designated Contract; (ii) result in additional financial obligations, or Losses to Sears Related Businesses arising out of such CSC Designated Contract; and (iii) provide, if assumable by Sears, for less favorable terms, conditions or prices for the Eligible Recipients following the expiration or termination of the applicable Transaction Document than would otherwise be applicable to CSC (except for terms, conditions or prices available to CSC because of its volume purchases). CSC’s rights under the immediately preceding sentence are: (i) conditioned upon CSC paying all applicable termination or cancellation charges, Losses and other amounts due to the applicable supplier associated with such action, and (ii) are subject to Section 10.1(d) (System Change Costs). Notwithstanding anything to the contrary in this Agreement, CSC shall not terminate, shorten or modify without Sears’ prior written consent any license for Third Party Software either created exclusively for the Eligible Recipients or otherwise not commercially available. CSC shall reimburse the Eligible Recipient(s) for any termination charges, cancellation charges, or other amounts paid by them at CSC’s direction in connection with obtaining any such modification.
Modification and Substitution. 11.1. Subject to the terms and conditions of this Plan, the Committee may modify the terms of any outstanding Awards; provided, however, that no modification of an Award shall, without the consent of the Participant, alter or impair any of the Participant's rights or obligations under such Award.
11.2. Anything contained herein to the contrary notwithstanding, Awards may, at the discretion of the Committee, be granted under this Plan in substitution for stock options and other awards covering capital stock of another corporation which is merged into, consolidated with, or all or a substantial portion of the property or stock of which is acquired by, the Company or one of its Affiliates. The terms and conditions of the substitute Awards so granted may vary from the terms and conditions set forth in this Plan to such extent as the Committee may deem appropriate in order to conform, in whole or part, to the provisions of the awards in substitution for which they are granted.
Modification and Substitution. 45 16 Appointment, retirement and removal of Trustee....................50 17 Couponholders.....................................................52 18 Communications....................................................
