RELEVANT CHANGE Sample Clauses

RELEVANT CHANGE. 21.1 Subject to Clause 22.1, in the event that any event or circumstance occurs (including any Change in Circumstance or Change in Law) which would render any provision of this Agreement impossible or unlawful to perform (a “Relevant Change”), then in such case either party may request, by notice to the other party that the parties shall meet and use reasonable endeavours to agree any necessary changes to this Agreement. 21.2 Without prejudice to Clause 21.4, if the parties are unable to agree on the necessary changes within twenty (20) Business Days of the date of receipt of such notice, either party shall refer the matters below to be finally settled and determined by the Dispute resolution procedure as set out in Clause 23 (Dispute Resolution): (A) whether any change should be made to this Agreement in order to remedy the circumstances brought about by such Relevant Change and to give effect to and preserve the commercial intent of this Agreement (as contemplated by the parties at the Agreement Date); and (B) if a change or changes should be made, the change or changes to be made to this Agreement such as are necessary to remedy the circumstances brought about by such Relevant Change and to give effect to and preserve the commercial intent of this Agreement (as contemplated by the parties at the Agreement Date) and restore the parties to the greatest extent practicable to the position as if the Relevant Change had not taken place. 21.3 Each party shall use all reasonable endeavours to obtain any regulator's consents or approvals that are required by it as a result of any changes to this Agreement and the other party shall use reasonable endeavours to assist in obtaining such regulator's consents or approvals. Neither party shall be obliged to implement any changes to this Agreement that would require it to obtain any regulator's consents or approvals unless and until it has obtained them. If any regulator's consents or approvals that are required by a party as a result of changes made to this Agreement have not been obtained within ninety (90) days of the changes being agreed or determined by the Dispute resolution procedure, at the request of either party the parties shall meet and use reasonable endeavours to agree on such alternative changes to this Agreement which would achieve the requirements of Clause 21.2(B) and which would avoid the requirement to obtain such regulator's consent or approval. If the parties are unable to agree on such alternativ...
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RELEVANT CHANGE a Relevant Change which has the following effects: (a) this Agreement or any part of it that becomes invalid, illegal or enforceable or is declared such by a Competent Authority; (b) a Competent Authority refuses (or formally indicates an intention to refuse) to give any authorisation, consent, exemption or other agreement which is necessary for a Party to be able to perform its obligations under this Agreement. A refusal includes: (A) a requirement that this Agreement must be amended; or (B) a requirement that the affected Party give an undertaking as to future conduct; (c) a Competent Authority: (A) formally indicates to a Party that if it continues to perform its obligations under this Agreement the Party may be liable for sanctions under Applicable Law; or (B) requests undertakings as to future conduct from the affected Party to avoid being subject to such sanctions; (d) it becomes impossible to carry out the calculations necessary under this Agreement; or (e) the economic value in participating in this Agreement, is substantially affected by the introduction of any charge, tax or levy imposed on the industry as a whole, (f) (the Relevant Change Effect); and

Related to RELEVANT CHANGE

  • Shift Change Where employees are assigned mid-week to work a non-day shift (whether due to emergencies or a shift change) and as a result lose a shift in the regular work week, such employees will be paid six (6) hours for such loss of earnings.

  • Major Workplace Change 11.1 If the Employer has made a decision to introduce a major workplace change that is likely to have a Significant Effect on a number of Employees, the Employer must notify the Employee(s) who will be affected by the decision .As soon as practicable and prior to implementation, the Employer must discuss with the relevant Employees and/or their nominated representative/s (e.g. Union or other representative) the introduction of the change; and the effect the change is likely to have on the Employees. The Employer must discuss measures to avert or mitigate the adverse effect of the change on the Employees. 11.2 For the purposes of the discussion the Employer will provide the relevant Employees and/or their nominated representative/s in writing: (a) All relevant information about the change including the nature of the change proposed; (b) Information about the expected effects of the change on the Employees; and (c) Any other matters likely to affect the Employees. However, the Employer is not required to disclose confidential or commercially sensitive information. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.

  • Change The School, as any other, is likely to undergo a number of changes during the period of this agreement. For example, there may be changes in the staff, and in the premises, facilities and their use, in the curriculum and the size and composition of classes, and in the School rules and procedures, the disciplinary framework, and the length of School Terms. In addition, there may be the need to undertake a corporate reorganisation exercise and / or a merger or change of ownership may be necessary. For these reasons, the benefit and burden of this agreement may be freely assigned to another party at the discretion of the School.

  • Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.

  • Regulatory Change Without limiting the effect of the provisions of Section 5.01(a), in the event that at any time (by reason of any Regulatory Change or any other circumstances arising after the Closing Date affecting (A) any Lender, (B) the London interbank market or (C) such Lender’s position in such market), the Adjusted LIBOR, as determined in good faith by such Lender, will not adequately and fairly reflect the cost to such Lender of funding its LIBOR Loans, then, if such Lender so elects, by notice to the Borrower and the Administrative Agent, the obligation of such Lender to make additional LIBOR Loans shall be suspended until such Regulatory Change or other circumstances ceases to be in effect (in which case the provisions of Section 5.04 shall be applicable).

  • Major Change For a major change referred to in paragraph (1)(a):

  • Change of Control/Change in Management (i) During any period of twelve (12) consecutive months ending on each anniversary of the Agreement Date, individuals who at the beginning of any such 12-month period constituted the Board of Trustees of the Parent Guarantor (together with any new trustees whose election by such Board or whose nomination for election by the shareholders of the Parent Guarantor was approved by a vote of a majority of the trustees then still in office who were either trustees at the beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to constitute a majority of the Board of Trustees of the Parent Guarantor then in office; (ii) Any “person” or “group” (as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), is or becomes the “beneficial owner” (as defined in Rules 13d-3 and 13d-5 under the Exchange Act, except that a Person will be deemed to have “beneficial ownership” of all securities that such Person has the right to acquire, whether such right is exercisable immediately or only after the passage of time), directly or indirectly, of more than 35% of the total voting power of the then outstanding voting stock of the Parent Guarantor; (iii) The Parent Guarantor shall cease to own and control, directly or indirectly, at least a majority of the outstanding Equity Interests of the Borrower; or (iv) The Parent Guarantor or a Wholly-Owned Subsidiary of the Parent Guarantor shall cease to be the sole general partner of the Borrower or shall cease to have the sole and exclusive power to exercise all management and control over the Borrower.

  • Supervisory Differential Adjustment The Appointing Officer shall adjust the compensation of a supervisory employee whose compensation grade is set herein subject to the following conditions:

  • Alternative Index In the event that the Index for any Mortgage Loan, as specified in the related Mortgage Note, becomes unavailable for any reason, the Master Servicer shall select an alternative index, which in all cases shall be an index that constitutes a qualified rate on a regular interest under the REMIC Provisions, in accordance with the terms of such Mortgage Note or, if such Mortgage Note does not make provision for the selection of an alternative index in such event, the Master Servicer shall, subject to applicable law, select an alternative index based on information comparable to that used in connection with the original Index and, in either case, such alternative index shall thereafter be the Index for such Mortgage Loan.

  • Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order executed by the District. Contractor specifically understands, acknowledges, and agrees that the District shall have the right to request any alterations, deviations, reductions, or additions to the Project or Work, and the cost thereof shall be added to or deducted from the amount of the Contract Price by fair and reasonable valuations. Contractor also agrees to provide the District with all information requested to substantiate the cost of the change order and to inform the District whether the Work will be done by the Contractor or a subcontractor. In addition to any other information requested, Contractor shall submit, prior to approval of the change order, its request for a time extension (if any), as well as all information necessary to substantiate its belief that such change will delay the completion of the Work. If Contractor fails to submit its request for a time extension or the necessary supporting information, it shall be deemed to have waived its right to request such extension.

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