Removal Process Clause Samples
Removal Process. (a) Within ten (10) Business Days of the closing of a sale or contribution of a Non-ROFO Asset to the Operating Company, the Sponsor shall deliver to the Operating Company a notice (the “Removal Notice”) setting forth its formal request to remove a ROFO Asset from Annex A (the “Removal Request”), including the name of the ROFO Asset to be removed and a calculation of the Forecasted Distributed Cash of such ROFO Asset and of the Non-ROFO Asset previously contributed or sold to the Operating Company (together, the “Forecasted Distributed Cash Calculation”).
(b) If, based upon the Forecasted Distributed Cash Calculation, the Forecasted Distributed Cash of the Non-ROFO Asset is less than the Forecasted Distributed Cash of the ROFO Asset, the Removal Request shall be deemed to be immediately rejected. If, based upon the Forecasted Distributed Cash Calculation, the Forecasted Distributed Cash of the Non-ROFO Asset is greater than or equal to the Forecasted Distributed Cash of the ROFO Asset, the Operating Company will be afforded a period of thirty (30) days following the delivery of the Removal Notice to review the Forecasted Distributed Cash Calculation, during which period the Operating Company and its advisors shall have the right to inspect the work papers generated by the Sponsor in preparation of the Forecasted Distributed Cash Calculation and shall have reasonable access, during normal business hours, to the relevant personnel of the Sponsor and to information, books and records of the Sponsor, in each case, related to such Forecasted Distributed Cash Calculation. At or before the end of such thirty (30) day review period, the Operating Company will either (i) accept the Removal Request and execute an amendment to this Agreement removing the applicable ROFO Asset from Annex A, or (ii) deliver to the Sponsor a written explanation of those items in the Forecasted Distributed Cash Calculation that the Operating Company disputes. If the Operating Company fails to accept or dispute the Removal Request before the end of the thirty (30) day review period set forth above, the Removal Request shall be deemed to be accepted and the Operating Company shall be obligated to execute an amendment to this Agreement removing the applicable ROFO Asset from Annex A. Within a further period of ten (10) days from the end of the aforementioned review period, the Sponsor and the Operating Company will attempt to resolve in good faith any disputed items (the “Resolution Period”...
Removal Process. If the BCIMC Limited Partner, or in the case of a successor or replacement general partner who is not an Affiliate of the IPT Limited Partner, either the BCIMC Limited Partner or the IPT Limited Partner (the “Requesting Partner”), believes and asserts in a written notice that there is Cause, the Requesting Partner shall submit a request to the International Institute for Conflict Prevention and Resolution (“CPR”), to determine, pursuant to the provisions outlined in Exhibit F attached hereto, whether or not Cause exists (such binary existence or non-existence, the “Disputed Issue”). Such request shall be made by the Requesting Partner by delivering a Notice to the General Partner (a “Cause Notice”). The Cause Notice shall include: (i) a statement that it constitutes a Notice of Arbitration pursuant to Exhibit F and specifying that the Dispute for purposes of Exhibit F is limited to the Disputed Issue; (ii) the Requesting Partner’s appointed arbitrator, as required by Exhibit F; and (iii) a description in reasonable detail of the Requesting Partner’s position. During the pendency of the CPR Arbitration proceeding to determine whether Cause exists, the General Partner shall remain as the general partner of the Partnership; provided, however, that the BCIMC Limited Partner, and in the case of a successor or replacement general partner who is not an Affiliate of the IPT Limited Partner, both the BCIMC Limited Partner and the IPT Limited Partner jointly, shall in their sole and absolute discretion select any entity (the “Oversight Party”) (x) prior to the IPT Sell-Down, from the Substitute General Partner List or (y) from and after the IPT Sell-Down, any entity, to oversee all actions of the General Partner during the pendency of such CPR Arbitration. During the period in which an Oversight Party is engaged, the General Partner shall not take any actions on behalf of the Partnership (including decisions in the ordinary course of business) without the prior approval of the Oversight Party; provided, that from and after the IPT Sell-Down and in the event the Oversight Party does not respond to a request for consent within ten (10) days of receipt, such request shall be deemed approved. The General Partner shall have the right (but not the obligation) to temporarily relinquish its role (and be relieved of its responsibilities during the period of any such relinquishment and any liability arising during any relinquishment period) as a general partner pending the co...
Removal Process. MPC, at its own expense, shall make arrangements for the removal of its Products from the Terminals and Terminal Owner shall remove and redeliver MPC’s Products in accordance with MPC’s written instructions no later than the effective date of the termination or expiration of this Agreement as to any Terminal, provided that Terminal Owner may, in its sole discretion, agree in writing to extend the time for such removal (the “Removal Deadline”). MPC shall reimburse Terminal Owner for any expenses reasonably incurred by Terminal Owner in removing MPC’s Products from any Terminal, including any expenses reasonably incurred by Terminal Owner for cleaning, degassing or otherwise preparing the tanks and the removal, processing, transportation or disposal of all waste generated from the storage of MPC’s Products at such Terminal.
Removal Process. An employee in the position of a Specialized Security Assignments are subject to removal from the position:
39.3.1 In the event an SSA is going to be closed, the officers or supervisors being moved back to the main facility will be in reverse seniority order.
Removal Process. Customer, at its own expense, shall make arrangements for the removal of its Products from the respective Terminal and Terminal Owner shall remove and redeliver Customer's Products in accordance with Customer's written instructions no later than the effective date of the termination or expiration of this Agreement as to the respective Terminal, provided that Terminal Owner may, in its sole discretion, agree in writing to extend the time for such removal (the "Removal Deadline"). Customer shall reimburse Terminal Owner for any expenses reasonably incurred by Terminal Owner in removing Customer's Products from the Terminal, including any expenses reasonably incurred by Terminal Owner for cleaning, degassing or otherwise preparing the tanks and the removal, processing, transportation or disposal of all waste generated from the storage of Customer's Products at such Terminal.
Removal Process. Any member of the CJCC may recommend removal of any organization and/or member whom they believe is no longer appropriate for membership. Lack of attendance by a member may be cause for removal from the CJCC. Resignation of CJCC members shall be submitted to the Chair and brought to a vote of the Executive Committee. Involuntary removal of any member of the Executive Committee may only occur upon approval of the Executive Committee.