Notice of Availability. The terms and conditions of a Notice of Availability shall reflect the Application made by the Licensee and approved by the County. The terms and conditions of each Notice of Availability, when issued to the Licensee by the County, shall automatically be incorporated herein without further notice or amendment of the Agreement by the Parties, provided, however, that to ensure clarity in the application and interpretation of this Agreement, Schedule 1 shall be amended to reflect the addition of Additional Licensed Fibers, and Additional Interconnection Points. Schedule 3 shall also be amended to show any changes in the License Fee, and Schedule 4 shall be amended to show the termination date of the individual Licenses in the Additional Fiber and Additional Interconnection Points. If the terms and conditions of a Notice of Availability do not reflect the Application as approved by the Parties, the Licensee shall have ten (10) Days from the date of receipt to reject in writing the Notice of Availability by identification of the inconsistency between the Application and the Notice of Availability. Any Notice of Availability not timely rejected by the Licensee in writing is automatically incorporated herein without further notice or amendment of the Agreement by the Parties, again provided that Schedules 1, 3 and 4 shall be amended to reflect the addition of Additional Licensed Fibers, Additional Interconnection Fibers, and Additional Interconnection Points.
Notice of Availability. Within thirty (30) business days following receipt of notice provided pursuant to Section 4.2.1 with respect to an Antibody (or Backup Antibody(ies)), subject to Section 4.2.4, Medarex will notify Celldex whether the rights requested by Celldex with respect to such Antibody(ies) (or Backup Antibody(ies)) are available for licensing to Celldex.
Notice of Availability. Subject to Superior Tenant’s rights, Xxxxxx will have the one time right of first offer (“Right of First Offer”) on any vacant space of 10,000 rentable square feet or more on floors 2 through 13 of the Building (“Offer Space”) at such time as such Offer Space becomes available for leasing. Landlord shall give Tenant notice of the availability of all of the Offer Space at such time as Landlord is prepared to offer the Offer Space for leasing. The notice to Tenant shall set forth the size and location of the Offer Space, and the economic terms and conditions (including “rent”, “tenant improvement allowance” and “term”) that Landlord is prepared to accept from a third party tenant to lease the Offer Space (“Offer Proposal”), prorated over the remaining Term if more than thirty-six (36) months remain in the Term as further described in Subsection 26.03(e) below. A space shall be deemed available for leasing if it is vacant, unencumbered by rights of Superior Tenants, or the current tenant has notified Landlord of its intent not to renew.
Notice of Availability. As soon as reasonably practicable but in any event within […***…] Business Days of […***…] written notice with respect to each Sequence Pair that GSK nominates under this Section 3.4.3, […***…] with written notice if such proposed Sequence Pair is available as a GSK Sequence Pair or is an Unavailable Sequence Pair for any of the reasons set forth in Section 3.4.3(a) above, and the basis for any such unavailability. For clarity, […***…]. Notwithstanding the foregoing, GSK shall […***…]. In the event that GSK does not […***…] in accordance with the foregoing sentence, Zymeworks shall, without limiting any other rights or remedies available to it, have the right to […***…].
Notice of Availability. School Bus Drivers and Cover Drivers will initially indicate their availability for each field trip category upon the first bid of the year as outlined in Article
Notice of Availability. The Association shall give the Council three calendar months written notice of the anticipated date for practical completion of any Dwelling/Dwellings. 7 Initial sales The Council hereby agrees:
Notice of Availability. At any time between the date of this Lease and the end of the third full year of the Term, prior to leasing any available First Right Space, or any portion thereof, to any other party during the period that this First Right is in effect, Landlord shall give Tenant written notice of the basic economic terms including but not limited to the base rent, term, operating and tax expense base, security deposit, and tenant improvement allowance (collectively, the “Economic Terms”), upon which Landlord is willing to lease the First Right Space to Tenant or to a third party. If Landlord intends to lease other space in addition to the First Right Space as part of a single transaction, then Landlord’s notice shall so provide and all such space shall collectively be subject to the following provisions. Within 5 business days after receipt of Landlord’s notice, Tenant must give Landlord written notice pursuant to which Tenant shall elect to (i) lease all, but not less than all, of the space specified in Landlord’s notice (the “Designated Space”) upon the Economic Terms and the same non-Economic Terms as set forth in this Lease, or (ii) refuse to lease the Designated Space. If Tenant does not respond in writing to Landlord’s notice within the 5 business day period, Tenant shall be deemed to have elected clause (ii) above. If Tenant timely elects to lease the Designated Space, then Landlord shall promptly prepare and deliver to Tenant an amendment to this Lease consistent with the foregoing, and Tenant shall execute and return the amendment to Landlord within 10 days Tenant’s failure to timely return the amendment shall entitle Landlord to lease the Designated Space to a third party on any terms acceptable to Landlord without regard to the Economic Terms or to specifically enforce Tenant’s commitment to lease the Designated Space or pursue any other available legal remedy. If Tenant (x) fails to timely elect to lease the Designated Space, or (y) having elected to lease the Designated Space, fails to timely return to Landlord the amendment to this Lease, the First Right shall terminate and shall thereafter have no further force or effect and Landlord may lease all or any part of the First Right Space to a third party on any terms determined by Landlord in its sole discretion including without limitation economic terms that are more favorable to a third party than the Economic Terms proposed by Landlord to Tenant.
Notice of Availability. All communications that we provide to you in electronic form will be provided either (1) via email, (2) by access to a web site that we will designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose. The email notice that you receive advising you that your account statement is available will be sent to the single, specific email address that you maintain online. Any and all alert notices sent by us to the email address of record for you will constitute sufficient and effective delivery and notice to you and all owners whether or not you access or review the notice and shall be considered to have been delivered to you personally unless it has been returned to us as undeliverable. You agree to maintain access to the Website in a manner that gives you continuous ability to access, review, download and print your electronic statements and to receive and access all alert notices to you at the designated email address.
Notice of Availability. Banker shall provide written notification to the City immediately when the Buffer Credits are available for release, but no later than July 1, 2012.
Notice of Availability. Commencing on the Expansion Premises Commencement Date and continuing until July 31, 2018 (the “ROFR Period”), at such time as Landlord shall receive a bona fide written offer which Landlord is prepared to accept (a “Bona Fide Offer”) from a prospective third-party tenant to lease any space in the Building which is contiguous to the then Premises (such space, the “ROFR Space”), Landlord shall give Tenant written notice thereof (the “ROFR Notice”). The ROFR Notice shall set out the terms and conditions of the Bona Fide Offer in respect of the ROFR Space. Tenant shall have no Right of First Refusal during the Second Extension Term or the Third Extension Term, neither of which Extension Term shall constitute a portion of the ROFR Period.
