RELEVANT FACTORS. The "Market Rent," as used in this Lease, shall be derived from an analysis (as such derivation and analysis are set forth in this Exhibit F) of the "Net Equivalent Lease Rates," of the "Comparable Transactions". The "Market Rent," as used in this Lease, shall be equal to the annual rent per rentable square foot as would be applicable on the commencement of the Option Term at which tenants, are, pursuant to transactions consummated within the twelve (12) month period immediately preceding the first day of the Option Term (provided that timing adjustments shall be made to reflect any perceived changes which will occur in the Market Rent following the date of any particular Comparable Transaction up to the date of the commencement of the Option Term) leasing non-sublease, non-encumbered, non-equity space comparable in location and quality to the Premises and consisting of one full floor or greater transactions, for a comparable term, in an arm's-length transaction, which comparable space is located in the "Comparable Buildings," as that term is defined in Section 4, below (transactions satisfying the foregoing criteria shall be known as the "Comparable Transactions"). The terms of the Comparable Transactions shall be calculated as a Net Equivalent Lease Rate pursuant to the terms of this Exhibit F and shall take into consideration all relevant factors, including the following terms and concessions: (i) the rental rate and escalations for the Comparable Transactions, (ii) the amount of parking rent per parking permit paid in the Comparable Transactions, (iii) operating expense and tax escalation protection granted in such Comparable Transactions such as a base year or expense stop (although for each such Comparable Transaction the base rent shall be adjusted to a triple net base rent using reasonable estimates of operating expenses and taxes); (iv) tenant improvements or allowances provided or to be provided for such comparable space, taking into account, the value of the existing improvements, if any, in the Premises, such value of existing improvements to be based upon the age, quality and layout of the improvements and the extent to which the same could be utilized by general office users (as contrasted to the Tenant), and (v) rental abatement concessions, if any, being granted such tenants in connection with such comparable space; provided, however, that no consideration shall be given to (1) the fact that Landlord is or is not required to pay a real esta...
RELEVANT FACTORS. The panel, when assessing any project proposal, shall take into account all matters that are relevant to its mandate, including as appropriate those matters listed in section 7.5.5.
RELEVANT FACTORS. [***] [***] Confidential portions of this document have been redacted and filed separately with the Commission.
RELEVANT FACTORS. The formula developed by the Secretary under clause (i) shall take into account the level of tuberculosis morbidity and case complexity in the respective geo- graphic area and may consider other fac- tors relevant to tuberculosis in such area.
RELEVANT FACTORS. Removal from driving on a long term basis should only be considered in cases where: After the completion of the range of appropriate interventions, expert advice suggests that the expected driving standards have not been achieved. Where agreed training interventions relating to a previous accident have been completed and there are subsequent accidents of a similar nature. Following a Serious Blameworthy Accident where an assessment identifies serious risks in allowing the individual to continue to perform driving duties. Where our Occupational Health team recommend removal on Health or Welfare grounds. (On occasion, the GP’s opinion may differ from that of the Occupational Health Service. For further advice, please contact the HR Advice Centre) Consideration has taken place of suitable non-driving duties or redeployment opportunities. Where removal relates to Health or Welfare grounds, decisions will be subject to review where expert advice suggests a change in circumstances which would allow a return to driving duty.
RELEVANT FACTORS. In making a decision under clause 4.2(c) or 4.2(e), the Regulator must (in the case of a decision under clause 4.2(c)) take into account the matters and proposals set out in PNG Ports’ statement and:
RELEVANT FACTORS. Failure to consider any relevant factors will not be the basis of a separate grievance.
RELEVANT FACTORS. Factors to be considered and reported to Owner on the Qualified Property Report include the following:
RELEVANT FACTORS. The insurance coverage required by this Section 11.02 shall be provided with respect to all claims for damages to person or property arising out of the manufacture, formulation, processing, fabrication, sale or use of any of the Licensed Products, regardless of when such claims are made or when the underlying damages or injuries occur or manifest themselves. The policies of insurance shall: (a) include an endorsement naming LICENSOR and its Affiliates and their respective officers, employees and agents as additional named insureds; and (b) provide that notice be given to LICENSOR not less than thirty (30) days prior to any cancellation or material change in any of such policies.
11.03 The indemnity and insurance obligations of LICENSEE and the Affiliates of LICENSEE under this Agreement shall survive the termination or expiration of this Agreement and of the licenses granted pursuant to this Agreement in order to indemnify and hold harmless the Indemnified Parties (as defined in Section 11.01) with respect to any claims for which the Indemnified Parties are entitled to indemnification, irrespective of whether any such claim arose prior or subsequent to the effective date of termination or expiration.
