Review of Notice Sample Clauses

Review of Notice. ‌ (i) Buyer shall, within fifteen (15) days after receipt of any Notice of Request for Progress Payment, determine whether (A) the Work evidenced by the Notice of Request for Progress Payment has been completed in conformance with the requirements of this Agreement; (B) the Notice of Request for Progress Payment and any required backup information have been properly submitted and (C) the Notice of Request for Progress Payment amount reflects the payment due under Appendix I and shall inform Seller as to whether it disputes any portion of the Notice of Request for Progress Payment. Buyer may also inform Seller as to whether Buyer disputes any portion of the Notice of Request for Progress Payment due to the failure of Seller (or the Contractor or any Subcontractor) to complete the Work covered by such Notice of Request for Progress Payment, and Buyer may withhold such portion of due under Seller’s invoice in the amount reasonably necessary to complete such portion of the Work in accordance with Seller’s Notice of Request for Progress Payment and this Agreement. (ii) Upon receipt of a notice from Buyer that the Notice of Request for Progress Payment is deficient, Seller shall promptly take any and all reasonable steps available to remedy any condition identified by Buyer leading to such claim of deficiency. Subject to a mutually agreed upon resolution of such claim of deficiency or a final determination of a court, payment of the disputed portion of Seller’s invoice shall be made by Buyer within ten (10) Business Days following the date of such agreement or determination. In the event that Buyer is entitled to withhold payment to Seller because a condition precedent set forth in this article 3 has not been satisfied, Buyer may elect to pay the amounts due to Contractor under the Primary Contracts directly to such Contractor and such payments shall be credited against the Purchase Price. Provided Buyer has paid such amounts to a Contractor, no action properly taken by Buyer in compliance with this Article 3 shall affect the Guaranteed Substantial Completion Date for the Plant. (iii) Subject to (A) such determination by Buyer and (B) the satisfaction of the conditions set forth in Section 3.2 (“Conditions Precedent”), and except for disputed portions of any Notice for Progress Payment, Buyer shall pay Seller on the applicable Progress Payment Date the stated amount, less any disputed portion of such Request of Request for Notice for Progress Payment and any wit...
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Related to Review of Notice

  • Waiver of Notice Borrower shall not be entitled to any notices of any nature whatsoever from Lender except with respect to matters for which this Agreement or the other Loan Documents specifically and expressly provide for the giving of notice by Lender to Borrower and except with respect to matters for which Borrower is not, pursuant to applicable Legal Requirements, permitted to waive the giving of notice. Borrower hereby expressly waives the right to receive any notice from Lender with respect to any matter for which this Agreement or the other Loan Documents do not specifically and expressly provide for the giving of notice by Lender to Borrower.

  • Content of Notice The Plan Administrator shall provide written notice to every Claimant who is denied a claim for benefits which notice shall set forth the following: (i.) The specific reason or reasons for the denial; (ii.) Specific reference to pertinent Agreement provisions on which the denial is based; (iii.) A description of any additional material or information necessary for the Claimant to perfect the claim, and any explanation of why such material or information is necessary; and (iv.) Any other information required by applicable regulations, including with respect to disability benefits.

  • Date of Notice Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given forty-eight (48) hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt, provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

  • Manner of Notice Notices by the Corporation to the Qualified Person under the Terms and Conditions and this Agreement shall be made in any of the following manners: (1) delivering (including mailing) a written notice to the address of the Qualified Person set forth in the register of the Options; (2) sending documents to the Qualified Person at his/her department in the Corporation (including any Sony Group Company) or sending electronic data to the e-mail address of the Qualified Person at the Corporation (including any Sony Group Company); or (3) giving notice on the web site of the Corporation (including any Sony Group Company) or its duly authorized designee.

  • Posting of Notice ‌ Within 60 days after the Effective Date, Xxxxxx shall post in a prominent place accessible to all patients and Covered Persons a notice that provides the HHS OIG Fraud Hotline telephone number (0-000-XXX-XXXX) as a confidential means by which suspected fraud or abuse in the Federal health care programs may be reported.

  • Form of Notice All notices, requests, claims, demands and other communications between the parties shall be in writing.

  • Contents of Notice The notice of each Member meeting shall include a description of the purpose(s) for which the meeting is called. If a purpose of any Member meeting is to consider: (i) a proposed amendment to or restatement of the Articles requiring Member approval; (ii) a plan of merger or share exchange; (iii) the sale, lease, exchange or other disposition of all, or substantially all of the Company’s Property; (iv) the dissolution of the Company; or (v) removal of a Governor, then the notice must so state and must be accompanied, as applicable, by a copy or summary of the (1) amendment(s) to the Articles, (2) plan of merger or share exchange, (3) documents relating to the transaction for the disposition of all the Company’s property, and/or (4) plan and Articles of Dissolution.

  • Meaning of “notice In this Clause “notice” includes any demand, consent, authorisation, approval, instruction, waiver or other communication.

  • Attendance and Waiver of Notice Attendance by a Director at any meeting (in person, telephonically or by proxy) shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting.

  • Waiver of Notice and Claims Each Pledgor hereby waives, to the fullest extent permitted by applicable law, notice or judicial hearing in connection with the Collateral Agent’s taking possession or the Collateral Agent’s disposition of the Pledged Collateral or any part thereof, including any and all prior notice and hearing for any prejudgment remedy or remedies and any such right which such Pledgor would otherwise have under law, and each Pledgor hereby further waives, to the fullest extent permitted by applicable law: (i) all damages occasioned by such taking of possession, (ii) all other requirements as to the time, place and terms of sale or other requirements with respect to the enforcement of the Collateral Agent’s rights hereunder and (iii) all rights of redemption, appraisal, valuation, stay, extension or moratorium now or hereafter in force under any applicable law. The Collateral Agent shall not be liable for any incorrect or improper payment made pursuant to this Article IX in the absence of gross negligence or willful misconduct on the part of the Collateral Agent. Any sale of, or the grant of options to purchase, or any other realization upon, any Pledged Collateral shall operate to divest all right, title, interest, claim and demand, either at law or in equity, of the applicable Pledgor therein and thereto, and shall be a perpetual bar both at law and in equity against such Pledgor and against any and all persons claiming or attempting to claim the Pledged Collateral so sold, optioned or realized upon, or any part thereof, from, through or under such Pledgor.

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