Option Procedures Sample Clauses

Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Interconnected Transmission Owner of its election to exercise the Option to Build, Interconnection Customer shall solicit bids from one or more Approved Contractors named on the Interconnected Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Transmission Owner Interconnection Facilities that the Interconnection Customer seeks to build under the Option to Build on terms (i) that will meet the Interconnection Customer’s proposed schedule; (ii) that, if the Interconnection Customer seeks to have an Approved Contractor construct or install Transmission Owner Attachment Facilities and Direct Connection Network Upgrades, will satisfy all of the conditions on construction specified in Sections 3.2.3.2 and 3.2.3.3 of this Appendix 2; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this Appendix 2. (b) Any additional costs arising from the bidding process or from the final bid of the successful Approved Contractor shall be the sole responsibility of the Interconnection Customer. (c) Upon receipt of a qualifying bid acceptable to it, the Interconnection Customer shall contract with the Approved Contractor that submitted the qualifying bid. Such contract shall meet the standards stated in paragraph (a) of this section. (d) In the absence of a qualifying bid acceptable to the Interconnection Customer in response to its solicitation, the Interconnected Transmission Owner(s) shall be responsible for the design, procurement, construction and installation of the Transmission Owner Interconnection Facilities in accordance with the Standard Option described in Section 3.2.1 of this Appendix 2.
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Option Procedures. (a) If Lessee elects the Purchase Option, Lessee shall provide to Lessor a certificate signed by a Senior Officer of Lessee stating whether Sublessee has properly exercised the Purchase Option (as such term is defined in the Sublease) under Section 5.3(a) of the Sublease (and, if it has been exercised, attaching a copy of such Sublessee notice of exercise) and Lessor shall execute and deliver to Lessee (if Lessee pays the Purchase Option Exercise Amount to Lessor) or Sublessee (if Sublessee has exercised its Purchase Option in the Sublease and Sublessee pays the Purchase Option Exercise Amount to Lessor) such documents as may be reasonably required to release the Equipment from the terms and scope of this Lease and to transfer the right, title and interest of Lessor in the Equipment to Lessee or Sublessee (as the case may be), without representations or warranties except that the Equipment is free and clear of Lessor Liens, in such form as may be reasonably requested by Lessee or Sublessee (as the case may be), all at Lessee's or Sublessee's (as the case may be) sole cost and expense. Lessee hereby directs, and Lessor hereby agrees to, accept the Purchase Option Exercise Amount from Sublessee and upon receipt thereof to transfer the right, title and interest of Lessor in the Equipment to Sublessee if Sublessee has exercised its Purchase Option under the Sublease. If the Purchase Option is elected and the payment of the Purchase Option Exercise Amount is at any time thereafter rescinded or must otherwise be restored or returned upon the occurrence of an event of the type specified in SECTIONS 10.1(f) or 10.1(g), the obligations of the Lessee hereunder to pay the Purchase Option Exercise Amount shall be reinstated as though such payment had been due but not paid as of such time. (b) If Lessee elects the Sale Option, Lessee shall use its best commercial efforts to obtain the highest all cash purchase price for the Equipment. All costs related to such sale and delivery, including, without (i) Lessee shall transfer all of Lessee's right, title and interest in the Equipment, or cause the Equipment to be so transferred, to such purchaser or purchasers, if any, in accordance with all of the terms of this Lease; (ii) subject to the simultaneous payment by Lessee of all amounts due under CLAUSE (iii) of this sentence, Lessor shall, without recourse or warranty, except as to the absence of Lessor Liens, transfer by quitclaim Lessor's right, title and interest in and ...
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Option Procedures. If Sublessee elects the Purchase Option, Sublessor shall execute and deliver to Sublessee such documents as may be reasonably required to release the Equipment from the terms and scope of this Sublease and to transfer the right, title and interest of Sublessor in the Equipment to Sublessee without representations or warranties except that the Equipment is free and clear of the Lease, in such form as may be reasonably requested by Sublessee all at Sublessee's sole cost and expense.
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Option Procedures. The Lead Compound Option shall be exercisable solely by the Securityholder Agent on behalf of all of the Former Company Stockholders. Parent will (i) deliver written notice (the "Parent Notice") to the Securityholder Agent promptly after it has determined that neither of the conditions described in Section 1.6(b)(ii)(A) has been satisfied and (ii) permit the Securityholder Agent and up to two (2) consultants designated by the Securityholder Agent to review the Lead Compound Information and the Lead Compound Documents, provided that the Securityholder Agent and the consultants execute a confidentiality agreement in a form reasonably acceptable to Parent prior to initiating such review. To exercise the Lead Compound Option, the Securityholder Agent must deliver to Parent written notice (the "Agent Notice") of his or her election on behalf of all of the Former Company Stockholders to exercise the Lead Compound Option within thirty (30) calendar days after the date of the Parent Notice. Parent shall, promptly after receipt of the Agent Notice, use its reasonable efforts to obtain the consent of the party from whom the rights to the Lead Compound have been licensed (the "Licensing Party") to the transfer of all of Parent's and the Company's rights in the Lead Compound Rights to the Securityholder Agent or his or her designee, free and clear of all liens and security interests created by Parent or, after the Effective Time, the Company. Parent shall not, however, be required to pay any consideration to the Licensing Party or to utilize any extraordinary efforts to obtain the Licensing Party's consent to the transfer. In the event that within sixty (60) days of the date of the Agent Notice (A) the Licensing Party for any reason will not consent to the transfer or (B) the Securityholder Agent has not delivered to Parent a power of attorney in the form approved by Parent executed by each Former Company Stockholder, which power of attorney shall be in full force and effect and shall appoint the Securityholder Agent as the attorney-in-fact for such Former Company Stockholder to take all actions on behalf of such Former Company Stockholder that the Securityholder Agent deems necessary or desirable in connection with the Merger, and shall release Parent from all claims related to actions taken in reliance on certificates or instructions of the Securityholder Agent, the Lead Compound Option shall terminate and Parent shall be under no obligation (X) to continue to attem...
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Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Transmission Owner of its election to exercise the Option to Build, Developer Party shall solicit bids from one or more Approved Contractors named on the Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Network Upgrades that the Developer Party seeks to build under the Option to Build on terms (i) that will meet the Developer Party’s proposed schedule; (ii) that, if the Developer Party seeks to have an Approved Contractor construct or install Stand Alone Network Upgrades, will satisfy all of the conditions on construction specified in Sections 6.2..2 and 6.2.3 of this Appendix III; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this CSA. (b) Any additional costs arising from the bidding process or from the final bid of the successful Approved Contractor shall be the sole responsibility of the Developer Party. (c) Upon receipt of a qualifying bid acceptable to it, the Developer Party shall contract with the Approved Contractor that submitted the qualifying bid. Such contract shall meet the standards stated in paragraph (a) of this section. (d) In the absence of a qualifying bid acceptable to the Developer Party in response to its solicitation, the Transmission Owner(s) shall be responsible for the design, procurement, construction and installation of the Network Upgrades in accordance with the Standard Option described in Section 6.2.1 of this Appendix III.
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Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Transmission Owner of its election to exercise the Option to Build, New Service Customer shall solicit bids from one or more Approved Contractors named on the Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Direct Assignment Facilities or Customer-Funded Upgrades that the New Service Customer seeks to build under the Option to Build on terms (i) that will meet the New Service Customer’s proposed schedule; (ii) that, if the New Service Customer seeks to have an Approved Contractor construct or install Direct Assignment Facilities or Customer-Funded Upgrades, will satisfy all of the conditions on construction specified in Sections 6.2..2 and 6.2.3 of this Appendix III; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this Upgrade CSA. (b) Any additional costs arising from the bidding process or from the final bid of the successful Approved Contractor shall be the sole responsibility of the New Service Customer. (c) Upon receipt of a qualifying bid acceptable to it, the New Service Customer shall contract with the Approved Contractor that submitted the qualifying bid. Such contract shall meet the standards stated in paragraph (a) of this section. (d) In the absence of a qualifying bid acceptable to the New Service Customer in response to its solicitation, the Transmission Owner(s) shall be responsible for the design, procurement, construction and installation of the Direct Assignment Facilities or Customer-Funded Upgrades in accordance with the Standard Option described in Section 6.2.1 of this Appendix III.
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Option Procedures. Section 3.6
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Option Procedures 
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Related to Option Procedures

  • Selection Procedures In selecting the Loan Assets to be Pledged pursuant to this Agreement, no selection procedures were employed which are intended to be adverse to the interests of the Lenders.

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  • Evaluation Procedures The following procedures for employee evaluation shall be utilized for the term of this Agreement: 1. Orientation materials related to evaluation procedures will be provided to all employees by the 10th school day. 2. Employees shall submit to their evaluator a complete listing of proposed objectives, and measurement activities related thereto, to be considered in the annual evaluation by the 25th school day. 3. The evaluator shall have completed by 30th school day annual objective setting conference with employee. 4. The evaluator shall by the 40th school day determine and shall provide the employee with a complete listing of actual objectives from those proposed by the evaluator and employee, and measurement activities from those proposed by the evaluator and employee, and measurement activities related thereto, that will be incorporated in the annual evaluation that the evaluator will prepare for the employee. The objectives and related measurement activities referred to herein shall be in accordance with the employee job description prescribed by the District. The District will make every attempt to have the number of objectives required to be uniform from site to site. 5. Within a reasonable time after the request, the evaluator shall be provided with a written progress report from the employee containing the latter's perception of the progress being made toward the achievement of the objectives prescribed in Item 3, above. During the course of the evaluation period, circumstances may change which may result in the modification of the original standards and objectives. These changes may be initiated by the supervisor or the employee. Agreement of both parties is required. 6. The evaluator, by the 145th school day, shall have conducted classroom observations in order to gather data on employee performance as the evaluator believes to be related to: A. The actual objectives and measurement activities described in Item 3, above; B. Other criteria for employee evaluation and appraisal that are established by the District Xxxxx Act Guidelines. At the discretion of the evaluator, tenured teachers may receive only one (1) formal instructional observation per year. Probationary teachers will receive two (2) formal instructional observations per year. Prior to conducting formal instructional observations regarding the teacher's duties related to the instructional objectives herein described, the teacher shall be notified of the observation prior to the beginning of the teacher's actual instructional day. Upon the request of the evaluatee or when, in the evaluator's judgment, additional instructional classroom observations are necessary, such observations may be conducted. Within a reasonable time, an employee shall be provided with a written statement regarding instructional observations that have been conducted. Such written statements shall contain a summary of the instructional activities observed, and any suggestions being made by the observer for possible improvement by the employee to include, but not be limited to, the following: 1) Specific directives for improvement 2) Assistance to implement such directives as (a) Provisions of additional resources; (b) Mandatory training programs designed to improve performance to be paid by the District. A final and written report of the achievement of objectives, and measurement information related thereto shall be submitted by the employee to the evaluator by the 140th school day. 7. The evaluator shall prepare a written District evaluation form of employee performance and transmit the evaluation to the employee. The employee may submit a written reaction or response to the evaluation and such response shall be attached to the evaluation and placed in the employee's permanent personnel file which shall be maintained in the District Office. Permanent employees shall be evaluated at least once every other year, and in no event later than 30 days before the last school day scheduled on the school calendar of the current school year. Probationary employees shall be evaluated at least once each year and in no event later than the 150th school day. 8. Employees who meet each of the following conditions shall be evaluated up to every five

  • Termination Procedures The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.

  • Notification Procedures To address non-compliance, the receiving Competent Authority would notify the providing Competent Authority pursuant to Article 5 of the IGA. The notification procedures would differ depending upon whether the receiving Competent Authority seeks to address administrative or other minor errors or significant non-compliance.

  • Auction Procedures The provisions contained in Section 11.10 of the Amended and Restated Bylaws concerning Auction Procedures will be followed by the Fund and, to the extent applicable, the Auction Agent, and the provisions contained therein are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were set forth fully herein.

  • ESCALATION PROCEDURES 48.1 The Standard Practices outlines the escalation process which may be invoked at any point in the Service Ordering, Provisioning, and Maintenance processes to facilitate rapid and timely resolution of disputes.

  • Application Procedures i) An employee applies for a listing on the system-wide registry through the employee’s Human Resources Department by completing the form in Appendix A. ii) The institution will immediately forward the completed form to the PSEA who will list eligible employees on the system-wide registry. iii) A registrant is responsible to ensure the information is current and to immediately notify the Employer and the local Union if the registrant is no longer available for employment through the Registry.

  • NEGOTIATION PROCEDURES A. At least sixty (60) days prior to the expiration of this Agreement, the parties will begin negotiations for a new Agreement covering wages, hours, terms and conditions of employment of employees covered by this Agreement. B. In any negotiations described in this article, neither party shall have control over the selection of the negotiating representatives of the other party and each party may select its representatives from within or outside the school district. It is recognized that no final Agreement between the parties may be executed without ratification by the Board and the Association. The parties mutually pledge that representatives selected by each shall be clothed with necessary power and authority to make proposals and concessions in the course of negotiations, subject only to such ultimate ratification. C. If the parties fail to reach an agreement in any such negotiations, either party may invoke the procedures established under Public Act 379 as amended. D. Members of the Association’s negotiating team and/or consultants thereto, who are employees of the Employer, shall be released from their normal duties without loss of salary when meetings of the two negotiating teams are scheduled during their normal working hours. E. The parties hereby agree that their Teams shall meet at least quarterly during the school year to attempt to resolve problems. The topics for these meetings shall be established by the group at the previous quarter’s meeting whenever possible. Topics will remain on the agendas until resolved or until deleted by mutual agreement. F. Prior to the establishment of any new position in the bargaining unit, the Employer shall notify the Association of such a contemplated action, and meet with the Association to negotiate workload for the position. This provision does not preclude the Employer’s ability to create and post positions. If the timing of the decision to establish the position precludes such a meeting, the Employer shall meet with the Association as soon as possible. The parties may agree that the position should be allowed to operate without a defined workload for some defined period of time to determine what a reasonable workload might be. G. By mutual consent of both parties any section of this agreement may be reopened.

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.

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