RETROFITS. Customized Code will normally be made available to You through Epic's standard Update release process unless otherwise agreed to on the Change Order. Retrofits are available only to the then current standard version of the Program Property upon Epic's consent in the Change Order. [*] Confidential portions omitted and filed separately with the Securities and Exchange Commission.
RETROFITS. If Nortel shall determine that a need exists to make either Class A Corrective Retrofits or Class B Corrective Retrofits, then Nortel shall so notify Distributor within thirty (30) days of the date of such determination by means of appropriate documentation. Nortel shall use all commercially reasonable efforts to develop required Corrective Retrofits and, when and if such Corrective Retrofits are developed, shall provide to Distributor without charge, one Corrective Retrofit kit for each affected item of Product delivered to Distributor pursuant to this Agreement. Nortel will install all Class A Corrective Retrofit kits with its own personnel, or such personnel as it may contract and at its own expense, provided Distributor first: (1) obtains permission from the affected End User for Nortel personnel to work on the End User's affected Product during normal business working hours and at such time as is reasonably convenient to both Nortel and the End User; and (2) when necessary, obtains the affected End User's permission to take the affected Product out of service during the time necessary to install the Class A Corrective Retrofit kit; and (3) has obtained from the End User a written Agreement protecting Nortel against liability for any incidental, special and/or consequential damages to such End User as a result of performance by Nortel. Installation of Class B Corrective Retrofit kits at affected End User sites shall be the responsibility and obligation of Distributor, at Distributor's expense, unless Nortel is providing post-warranty maintenance to the affected Product under contract to the affected End User, in which case Nortel will install the Class B Corrective Retrofit kit at Nortel's expense. If Nortel shall determine that a need exists to make Regulatory Retrofits, then Nortel shall notify Distributor by means of appropriate documentation. When a Regulatory Retrofit kit is developed, Nortel shall offer, at such price as it may announce, and on its then standard terms and conditions, to provide such Regulatory Retrofit kit for all affected Products delivered to Distributor pursuant to this Agreement.
RETROFITS. The parties agree that changes, upgrades, retrofits, exchanges, recalls and similar events with respect to any Product in the Territory are beyond the scope of this Agreement. Nonetheless, OmniCell agrees to advise Dade, by notice, of each such matter and provide Dade Behring full particulars and information with such advice; OmniCell hereby grants, and agrees to cause its affiliates to grant, to Dade Behring the right and option to provide such additional work on such matters on the terms, conditions and provisions hereof. Dade Behring may exercise such option by advising OmniCell, by notice, thereof on or before the fifth business day after receiving OmniCell's notice to Dade Behring concerning the matter.
RETROFITS. The parties agree that changes, upgrades, retrofits, exchanges, recalls and similar events with respect to any Product are beyond the scope of this Agreement. Nonetheless, OmniCell agrees to advise Baxter, by notice, of each such matter and provide Baxter with full particulars and information with such advice.
RETROFITS. 2. The United States alleges that the Properties were not designed or constructed in accordance with the FHA or the Fair Housing Accessibility Guidelines, Design Guidelines for Accessible/Adaptable Dwellings, 56 Fed. Reg. 9,472 (Mar. 6, 1991) (the “Guidelines”). Without admitting that the Guidelines establish the governing legal standard, Atlantic agrees to make the modifications set forth below.
A. Modifications to the Public and Common Use Areas
3. Atlantic acknowledges that some features in the public and common use areas of the Properties differ from the specifications in the FHA Guidelines. Without admitting that the Guidelines establish the governing legal standard, Atlantic agrees to modify the public and common use areas of 33 West End and the Additional Properties as follows:
RETROFITS. In the event that MONARCH, in its sole discretion, --------- determines that any Product sold by MONARCH to DISTRIBUTOR needs improvement or replacement without charge to DISTRIBUTOR or its customers, MONARCH shall notify DISTRIBUTOR and DISTRIBUTOR shall collect such Products from its customers and deliver them to MONARCH'S Southborough, Massachusetts service center, or such other service center located within forty (40) miles of 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 as MONARCH may designate. Following repair or replacement, DISTRIBUTOR shall return the corrected Products to its customers. MONARCH shall provide without charge substitute products for use by DISTRIBUTOR'S customers during the period of such improvements or replacement, except when DISTRIBUTOR is notified in writing that substitute Products will not be made available.
RETROFITS. Modifications are typically made available in a future release unless otherwise agreed in the associated change order. Retrofits are available only with Epic’s consent on such form. A “retrofit” is a modification to the Code of any version other than the version in development by Epic at the time of the modification.
RETROFITS. Supplier shall, with Mirror's prior written consent, provide a retrofit package to permit the Network to comply [***].
RETROFITS. In the event that the addition of any new Equipment to the Network renders any existing Equipment that was supplied by Supplier inoperable or unable to operate in accordance with the Specifications and the provisions of Section 13.13(a) do not apply, Supplier will, at the request of Mirror and at a reasonable price that is mutually agreeable to the Parties, modify such existing Equipment such that it operates in accordance with the Specifications.
RETROFITS. A Participating Landowner who constructs or installs a Retrofit that is not constructed or installed using District funds and effectively provides a level of treatment similar to what would be achieved through application of the Chapter 500 Requirements in effect at the time that DEP accepts the application for the same as complete for processing shall receive a credit of up to 100% against that Participating Landowner’s share of the Construction and Maintenance Costs for the Parcel(s) or portion thereof served by the BMP (or in the alternative, a Participating Landowner may ask the Board and DEP for a Plan modification to receive an offset against Annual Assessments as a BMP in lieu of payment under Section 5(a)(7)). Other Retrofits could receive a total reduction of anywhere from 0% to 100% of the Participating Landowner’s share of the Construction and Maintenance Costs for the Parcel(s) or portion thereof served by the BMP, depending upon which standards each Retrofit would meet: • Reductions in Impact of Altered Hydrology. Up to 40% reduction of the Participating Landowner’s share of the Construction and Maintenance Costs for the Parcel(s) or portion thereof served by the Retrofit upon which the Retrofit is located for Retrofits that control runoff volume and timing, and thus help provide stream channel protection; there shall be a 40% reduction of the Participating Landowner’s share of the Construction and Maintenance Costs for the Parcel(s) upon which the Retrofit is located for Retrofits that provide “24-48 hour extended detention of the first 1” of runoff or storage and infiltration that has the equivalent effect on the rate of discharge,” and a lesser percentage reduction for Retrofits with lesser water storage or infiltration capacity in proportion to the runoff storage and infiltration -- from a minimum of ¼” to 1” -- provided by the Retrofit. • Reduction in Pollutants Entering Long Creek. Up to 40% reduction of the Participating Landowner’s share of the Construction and Maintenance Costs for the Parcel(s) or portion thereof served by the Retrofit upon which the Retrofit is located for Retrofits that meet Chapter 500 Requirements in effect at the time that DEP accepts the application for the same as complete for processing for removal of pollutants of interest, and a lesser percentage reduction for Retrofits with lesser pollutant removal in proportion to the percentage of removal of pollutants of interest provided by the Retrofit, from a minimum...
