of Exhibit A. In the event that the Customers reasonably believe that the occurrence of any such event will substantially prevent, hinder or delay performance of the services contemplated by this Agreement for more than five (5) consecutive business days, the Customers may take commercially reasonable actions to mitigate the impact of such services not being provided, including, but not limited to, at the Customers’ expense, contracting with another service provider to provide such services during such period; provided, that the Customers shall consult with BNY Mellon in good faith in connection with any such mitigation and BNY Mellon shall provide the Customers reasonable assistance in good faith in connection therewith; provided, further, that BNY Mellon shall resume providing, and the Customers shall pay for, such services when BNY Mellon resumes providing them, unless the Customers have terminated this Agreement pursuant to the terms of Section 16.2. Notwithstanding anything set forth in this Section 14.3, (a) in no event shall the Customers be obligated to pay any fees under this Agreement to BNY Mellon with respect to any services not actually provided during any event described in this Section 14.3, and (b) the Customers shall have no responsibility to pay BNY Mellon for services temporarily performed by a third party service provider.
of Exhibit A. The Release must become effective, if at all, by the date specified therein (and in all events no later than the ninetieth (90th) calendar day following the Date of Termination). The first payment of the Severance Benefits (excluding the Pro Rata Bonus) will be made on the Company’s next regular payday following the earlier of (i) the date upon which the Release (if applicable) becomes effective, binding and irrevocable and (ii) the expiration of ninety (90) calendar days from the Date of Termination (the “Payment Date”), but will be retroactive to the day following the Date of Termination.
of Exhibit A. In the event that the revenues collected for Contractor's services for the period of February 1, 2010 – June 30, 2010 are less than $89,850 Revenue Component and that difference is shown to have been generated by County’s failure to xxxx and/or disallowances by third party payors based on Contractor's failure: 1) to use Medicare-eligible providers; 2) to provide documentation adequate to support Contractor's services per County BHRS Documentation Manual (incorporated by reference herein); or 3) to submit the billing information required by this Agreement to the County in a timely manner (collectively, “Third Party Disallowances"), the MPA may be reduced by the amount of that difference. In determining the amount of such reduction, the Third Party Disallowances shall be subtracted from the amount of gross revenues collected by County for Contractor's services under this Agreement for the period of February 1, 2010 ─ June 30, 2010. County shall notify Contractor of any MPA reduction for this period no later than April 30, 2010, using the best Revenue Component estimate available at that time.
of Exhibit A. For purposes of making future allocations under subparagraph 1(c)(ii) of Exhibit A, the portion of the Economic Capital Account Balance of the applicable holder of Class B Units that is treated as attributable to his, her or its Class B Units shall be reduced, as of the date of conversion, by the product of the number of Class B Units converted and the OP Unit Economic Balance.
of Exhibit A. In the absence of an express provision to the contrary in
of Exhibit A. Adjusted Xxxxxxx Annual Minimum Volume may be increased in the last year for any MVC Additional Volume Xxxxx Amount under 5(b)(6).
of Exhibit A. The party desiring to terminate this Agreement pursuant to any clause of this Section 7.01 (other than pursuant to Section 7.01(a)) shall give notice of that termination to the other party.
of Exhibit A. Any statements or representations to the contrary (and, indeed, any statements contradicting any provision in this letter) are, and should be regarded by you, as ineffective. Further, your participation in any benefit program or other Company program, if any, is not to be regarded as assuring you of continuing employment for any particular period of time.
of Exhibit A. Any PRSUs in respect of a Goal that do not become Earned PRSUs shall be forfeited and canceled as of the date of the Administrator’s certification pursuant to Section 3(b) of this Exhibit A. Earned PRSUs shall be “Vested PRSUs” contingent upon the satisfaction of the continued employment requirements as set for in the Agreement. For the avoidance of doubt, (x) if the performance results for the applicable Performance Period (as certified by the Administrator pursuant to Section 3(b) of this Exhibit A) do not meet or exceed the threshold level of achievement of the applicable Performance Goal, the Goal PRSUs eligible to be earned in respect of such Performance Period shall immediately be forfeited and canceled, and (y) in no event shall the number of PRSUs earned in respect of each Goal exceed the maximum amount for such Goal.
of Exhibit A. Any PRSUs in respect of a Goal that do not become Earned PRSUs shall be forfeited and canceled as of the date of the Administrator’s certification pursuant to Section 3(b) of this Exhibit A. For the avoidance of doubt, (x) if the performance results for the applicable Performance Period (as certified by the Administrator pursuant to Section 3(b) of this Exhibit A) do not meet or exceed the threshold level of achievement of the applicable Performance Goal, the Goal of PRSUs eligible to be earned in respect of such Performance Period shall immediately be forfeited and canceled, and (y) in no event shall the number of PRSUs earned in respect of each Goal exceed the maximum amount for such Goal.