Phase Ii of Project Sample Clauses

Phase Ii of Project. If Phase I of Project is successfully completed, the parties currently contemplate entering into an addendum to this Agreement pursuant to which they would conduct Phase II of Project to mutually develop a commercial product for use in the Field based on the prototype developed in Phase I of Project. Spectranetics would fund the costs of Phase II of Project. Following completion of Phase I of Project, Spectranetics shall give BioScan notice indicating whether or not Spectranetics elects to proceed with Phase II of Project. If Spectranetics elects to proceed with Phase II of Project, Spectranetics, after consultation with BioScan, shall prepare a scope of work for Phase II of Project and submit the scope of work to BioScan. Within a reasonable time after its receipt of such proposed scope of work, BioScan, after consultation with Spectranetics, shall prepare a budget for the portions of such proposed scope of work submitted by Spectranetics that are to be performed by BioScan, with such changes in the portions of the proposed scope of work to be performed by BioScan as BioScan may reasonably consider appropriate taking into account Spectranetics’ stated goals and BioScan’s capabilities and commitments. The parties shall act reasonably and in good faith in proposing the scope of work, the budget, an addendum to this Agreement setting forth the scope of work and budget (as described below) and any changes to any thereof under this Section 2.3, and shall negotiate reasonably and in good faith to agree upon the portions of the scope of work to be performed by BioScan, the budget therefor and such addendum. If they agree upon the scope of work, but are unable to agree on a budget for the portions of the scope of work to be performed by BioScan, either party may submit the disagreement over the budget to a mutually agreeable un-affiliated arbitrator (who was not engaged by either party in the past) who shall have at least 10 years of experience in medical device project management in projects of the kind ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Sample 1
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Phase Ii of Project 
Sample 1

Related to Phase Ii of Project

  • Completion of Project The Project shall have been completed per the Plans and Specifications and a Completion Certificate shall have been obtained;

  • Construction of Project Purchaser shall (i) perform the Final Assembly Work which is set forth in Exhibit P hereto, (ii) perform all civil works (including roads, grading, maintenance facilities, meteorological towers and other items); (iii) perform all electrical works (including collection lines, Electrical Infrastructure, Transmission Facilities, Interconnection Facilities and other items); (iv) provide and install a remote terminal unit and cabling to the Substation, meteorological towers, and communications lines for the SCADA System to the Substation; and (v) provide any other items required for the operation of the Project; and

  • Development of the Project The Board of Managers shall take such actions as shall be required to cause either the Company or the Management Company (as defined in Section 9(b) below) to perform and complete the construction and other development work as contemplated and/or required under the NVR Purchase and Sale Agreements, or any other construction company selected by the Board of Managers (the “Development Work”), substantially in accordance with the Project Plan, at a cost to the Company not exceeding the total cost set forth in the Budget, in a manner consistent with this Agreement and all applicable laws, ordinances, rules, regulations or requirements (including, without limitation, those with respect to discrimination) of governmental authorities, and in compliance with any covenants, conditions or restrictions affecting all or any portion of the Property.

  • Phase II The parties acknowledge that this Agreement is not exclusive and GPPC shall have the right to provide consulting services regarding the marketing of the DCC services of Member, GPPC, any of GPPC’s Affiliates, or of any third party, subject to the provisions of Section 5.4 above. During the Term of this Agreement, GPPC may choose to develop the functionality of its own processing platform, or use a third person’s processing platform to enable GPPC to support certain functions in the clearing and settlement of DCC Transactions (“Phase II”). At such time as it is ready to begin implementing Phase II, GPPC shall inform Planet Payment of its plans and the parties shall discuss how Phase II may be integrated into the Acquirer Program. Nothing herein shall prohibit GPPC from implementing Phase II, and Planet Payment agrees that it will use its commercially reasonable efforts to provide assistance to GPPC to implement Phase II, provided that Planet Payment shall not have any obligation whatsoever to assist GPPC in any way in specifying, designing or implementing functions similar to any of Planet Payment’s functions provided hereunder relating to the conversion, calculation, reporting or reconciliation of cross-currency Transactions. Nothing herein shall oblige Planet Payment to disclose, transfer or license any of its IP to GPPC for the purposes of Phase II. Planet Payment shall not charge GPPC for such assistance, unless GPPC requests modifications or enhancements to the Planet Payment Platform to facilitate Phase II, in which case Planet Payment shall only charge GPPC for its actual and out of pocket costs incurred in connection with such modifications or enhancements. The parties shall use good faith efforts to modify the parties’ respective obligations under this Agreement relating to processing of Transactions (but without any change to their respective Revenue Shares) to reflect the reallocation of their respective functions following implementation of Phase II.

  • The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

  • Project The Land and all improvements thereon, including the Building, the Parking Facilities, and all Common Areas.

  • Phase I A copy of the existing “Phase I” environmental assessment of the Project, if any, in Seller’s possession; and

  • PHASE Phase means any individual Phase of the Project, as more particularly described in the definition of Project.

  • Project Completion Within five (5) days after the delivery by Supplier to Purchaser of a Commissioning Certificate for the Project’s final Turbine, Supplier shall also deliver to Purchaser a completion certificate for all Turbines in the Project (the “Project Completion Certificate”), in the form attached hereto as Exhibit N, together with a list of any remaining Punch List Work on any Turbine, a schedule for completing the Punch List Work and an estimate of the cost of each item of Punch List Work. Supplier shall thereafter promptly complete all Punch List Work.

  • Completion of the Project (a) The completion of the Project shall be evidenced to the Trustee by a certificate signed by the Project Supervisor on behalf of the User stating that (1) construction of the Improvements has been completed in accordance with the plans and specifications approved by the User, (2) the Equipment has been acquired and installed in accordance with the User's instructions, (3) all Project Costs have been paid, and (4) all facilities and improvements necessary in connection with the Project have been acquired and installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against any vendor, contractor, subcontractor or other person not a party to this Lease Agreement which exist at the date of such certificate or which may subsequently come into being. The Issuer and the User will cooperate in causing such certificate to be furnished to the Trustee.

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