Notice and Response. 8.1.1. Participant shall provide reasonable advance written notice (an “Investment Deal Notice”) to Fantex prior to entering into any Brand Income Contract pursuant to which Participant receives any Brand Investment Opportunity, including all details reasonably necessary for Fantex to evaluate such Brand Investment Opportunity.
8.1.2. Fantex will use commercially reasonable efforts to respond to each Investment Deal Notice within five (5) business days (but no later than ten (10) business days), indicating whether or not Fantex elects to (a) participate in the applicable Brand Investment Opportunity by being issued and holding a direct equity interest in the applicable issuer of such equity (“Direct Fantex Co-Investment”) in an amount calculated by multiplying the Brand Percentage by the number of shares, membership interests, units (or other reasonable means of measurement) applicable to such Brand Investment Opportunity (any of the foregoing, a “Fantex Co-Investment Interest”), or (b) indirectly participate in the applicable Brand Investment Opportunity as described in Section 8.4 (“Indirect Fantex Co-Investment”).
8.1.3. If Fantex fails to timely respond to any Investment Deal Notice, then Fantex shall be deemed to have expressly rejected participating as either a Direct Fantex Co-Investment or an Indirect Fantex Co-Investment with respect to such Brand Investment Opportunity, and elected instead to not participate in such Brand Investment Opportunity.
8.1.4. If the terms and conditions with respect to any Brand Investment Opportunity change from what were previously presented to Fantex in any Investment Deal Notice, then Participant shall provide a new Investment Deal Notice to Fantex with the updated terms and conditions, and this Section 8.1 shall apply to such new Equity Deal Notice.
Notice and Response. An Investor Member who wishes to remove the Manager and believes there is “cause” for doing so within the meaning of section 5.6.3 shall notify the Manager, referencing this section 5.6 and setting forth in detail the reasons for his, her, or its belief. Within thirty (30) days after receiving such a notice, the Manager shall respond by acknowledging the receipt of the notice and (i) stating that the Manager does not believe there is merit in the Investor Member’s allegations, (ii) explaining why the Manager does not believe “cause” exists for removal, or (iii) stating that while “cause” may exist for removal, the Manager does not believe removal would be in the best interest in the Fund. If the Manager fails to respond, the Manager shall be deemed to have stated that it does not believe there is merit in the Investor Member’s allegations. In the event the Investor Member communicates with any third party concerning his request for removal, including any other Investor Member but not including his, her, or its own legal counsel, he, she, or it shall include a copy of the Manager’s response. The failure of the Manager to include in its response any defense, facts, or arguments shall not preclude the Manager from including such defense, facts, or arguments in subsequent communications or proceedings.
Notice and Response. The Party affected by the Force Majeure shall promptly give written notification to the other Party. Such notification shall include a full and complete description of the Force Majeure and its cause, the status of the Force Majeure, and actions such Party has taken and is going to take to overcome the Force Majeure. The Party experiencing the Force Majeure shall exercise due diligence in endeavoring to overcome any delay caused by Force Majeure and shall undertake reasonable measures to make up the time delayed by the Force Majeure without causing additional costs to the other party.
Notice and Response a. Employees who will be suspended from duty without pay, demoted, or removed from the Federal Service under the provision of 5 USC Chapter 75 and who are subject to the provisions of that chapter will be given thirty (30) days advance written notice of the proposed action. The employee may provide an oral or written reply or both.
b. Employees who receive a notice of proposed suspension will be allowed fourteen (14) calendar days from receipt of the notice to provide their response.
c. Employees who receive a notice of proposed removal or demotion will be allowed twenty-one (21) calendar days from receipt of the notice to provide their response.
d. If the Crime Provision is invoked, notice and response time frames will be in accordance with 5 USC Chapter 75.
e. Extensions for replying may be granted when good cause is shown.
Notice and Response. Any party desiring to have recourse pursuant to this provision (the "Claimant") shall serve a written notice (the "Notice") on the other party (the "Respondent") setting forth the details of its complaint or claim and the name and address of the Claimant's appointed arbitrator as hereinafter set forth. The Respondent shall serve a written statement of response on the Claimant (the "Response") within five (5) Business Days from the receipt of the Notice which shall also provide the name and address of the Respondent's appointed arbitrator.
Notice and Response. (1) The parties agree that notice of the initiating requirements for Capital Projects under section 4B shall be deemed to have been given where such Work has, as a result of consultation between the parties prior to finalization of the Responsible Party’s capital program, been included in the Responsible Party’s capital program.
(2) Other than in the circumstances as set out in the preceding paragraph and for Work as set out in section 3, item 12(a) and (c), an Initiating Party under this Agreement shall be required to give notice to the Responsible Party under subsection 16(4) of this Agreement in writing served by facsimile or courier delivery or deposited in the mail, postage prepaid by registered mail, or by telephone at the following addresses or numbers: For the TTC: General Secretary, Toronto Transit Commission 0000 Xxxxx Xxxxxx, Xxxxxxx, XX X0X 0X0 Transit Control - 000-000-0000 Fax No. - 000-000-0000 For the City: General Manager, Transportation Services Toronto City Hall 23rd Floor, East Tower 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx XX X0X 0X0 Tel No. - 000-000-0000 Fax No. - 000-000-0000
(3) For the purposes of section 3, item 12(a) and (c), TTC shall provide notice to City in writing served by facsimile or courier delivery or deposited in the mail, postage prepaid by registered mail, or by telephone at the following addresses or numbers: For the City: General Manager, Parks, Forestry and Recreation Toronto Xxxx Xxxx 0xx Xxxxx, Xxxx Tower 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx XX X0X 0X0 Tel No. - 000-000-0000 Fax No. - 000-000-0000 An Initiating Party giving notice by telephone at the numbers set out above shall provide a return telephone number. The call shall then be returned by the Responsible Party, who shall provide a facsimile number to which further information may be sent. Notice shall be conclusively deemed to have been given as of the time of receipt of such the first telephone call. If notice is given in writing, the following shall apply: if sent by facsimile, notice shall be deemed to have been received within one (1) day of the date of successful transmission, or, in the case of mailing, shall be deemed to have been received in three (3) days of such mailing or, in the case of delivery by courier, shall be deemed to have been received within two (2) business days following the pick-up by the courier. In the event of a change in the addresses or telephone numbers listed above, the Responsible Party shall immediately notify the other party of the ch...
Notice and Response. (1) Participant shall provide reasonable advance written notice (an “Investment Deal Notice”) to Fantex prior to entering into any Brand Income Contract pursuant to which Participant receives any Brand Investment Opportunity, including all details reasonably necessary for Fantex to evaluate such Brand Investment Opportunity.
Notice and Response. Any Party may give the other Party written notice of any dispute not resolved in the normal course of business. Within five (5) business days after delivery of the notice, the receiving Party shall submit to the disputing Party a written response. The notice and the response shall include (i) a Statement of the position of the Party delivering the notice of dispute or the response, as the case may be, and a summary of arguments supporting its position and (ii) the name and title of the executive who will represent that Party in the negotiation to resolve the dispute and of any other person who will accompany the executive.
Notice and Response. The Party experiencing the Force Majeure shall promptly give written notification to the other Party. Such notification shall include a full and complete explanation of the Force Majeure and its cause, the status of the Force Majeure, and the actions such Party is taking *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. and proposes to take to overcome the Force Majeure. The Party experiencing the Force Majeure shall exercise due diligence in endeavoring to overcome any delay caused by Force Majeure and shall undertake reasonable measures to make up the time delayed by the Force Majeure without additional compensation from the other party.
Notice and Response. The Party experiencing the Force Majeure shall promptly give written notification to the other Party. Such notification shall include a full and complete explanation of the Force Majeure and its cause, the status of the Force Majeure, and the actions such Party is taking and proposes to take to overcome the Force Majeure. The Party experiencing the Force Majeure shall exercise due diligence in endeavoring to overcome any delay caused by Force Majeure and shall undertake reasonable measures to make up the time delayed by the Force Majeure without additional compensation from the other party. In the event that Seller is unable to resume production within *** after the date of such force majeure event, Buyer shall have the right to terminate this Agreement without bearing any liability for breaching this Agreement and Seller shall not return the balance of the Advance Payment only if the Buyer is not in liabilities or bears any risk.
