RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. If at any time during the Term there is any Available Space at any Site, then AT&T Collocator shall have the Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to Tower Operator, subject to the application and amendment process described in Section 9(e) and provided that Tower Operator shall be entitled to perform in its reasonable discretion a structural analysis, at AT&T Collocator’s sole cost and expense, prior to such exercise of a Right of Substitution. If AT&T Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment on the Tower or the Ground, as the case may be, at AT&T Collocator’s expense, the previously existing AT&T Collocation Space of the applicable Site shall automatically be released by AT&T Collocator and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has been relocated shall automatically become and constitute the AT&T Collocation Space of such Site. The parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment). AT&T Collocator shall, at AT&T Collocator’s cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at mor...
RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, the Consultant may, at the Consultant’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. 6.1 The Provider may appoint one or more suitably qualified and skilled substitutes of equivalent expertise to perform the Services.
6.2 The Provider acknowledges the Commissioner has the right to refuse to accept the substitute if, in the reasonable view of the Commissioner having regard to the specification, the substitute has insufficient qualifications or expertise.
6.3 Where substitution occurs, the other terms and conditions of this contract, and in particular (but not limited to) the specified fees, will remain unchanged, unless otherwise agreed by both parties in writing. For the avoidance of doubt, the Provider shall be responsible for the payments and expenses of any substitute.
6.4 It is also agreed that the Provider will be liable for all acts and/or omissions of any substitute(s) provided.
RIGHT OF SUBSTITUTION. A. So long as no Event of Default has occurred and be continuing, prior to July 29, 2025, Tenant shall have the right to deliver an offer to Landlord (each, a “Substitution Offer”) with respect to no more than five (5) Sites in any twelve (12) month period and in no event more than twenty-five (25) Sites the aggregate, upon the following terms and conditions:
1. The Substitution Offer shall contain (i) the identity of the proposed substitute property (the “Substitute Property”) in reasonable detail and (ii) a certificate executed by a duly authorized officer of Tenant pursuant to which Tenant shall certify that in Tenant’s good faith judgment such proposed Substitute Property satisfies as of the date of such notice, or will satisfy as of the date of the closing of such Substitution, all of the applicable conditions to Substitution (defined below) set forth herein and (iii) the identity of the Site which Tenant proposes to replace with the Substitute Property (the “Replaced Property”). Tenant agrees to deliver to Landlord all of the diligence information and materials contemplated by the provisions of this Section 46.A within thirty (30) days after the delivery to Landlord of a Substitution Offer (the “Diligence Delivery Deadline”).
2. Landlord shall have sixty (60) days from the Diligence Delivery Deadline to deliver to Tenant written notice of its election, in Landlord’s sole and absolute discretion, to either accept or reject the Substitution Offer. Landlord’s failure to deliver such notice within such time period shall be deemed to constitute Landlord’s rejection of the Substitution Offer. If Landlord accepts the Substitution Offer, then Landlord shall use commercially reasonable efforts to complete such substitution (the “Substitution”), subject, however, to the satisfaction of each of the applicable terms and conditions set forth in this Section 46.A, as determined in Landlord’s sole and absolute discretion.
B. The Substitution shall be subject to the fulfillment of all of the following terms and conditions:
1. The Substitute Property must:
(a) be in as good condition and repair as, and located in the same State as the Replaced Property or in another State acceptable to Landlord in Landlord’s sole and absolute discretion;
(b) have a fair market value no less than the greater of the fair market value of the Replaced Property (i) as of the date of the Substitution Offer and (ii) as of the applicable Commencement Date with respect to the Replaced Propert...
RIGHT OF SUBSTITUTION. The Design Studio is not responsible for the services offered by other contractors or consultants employed by the Client, therefore we are not eligible to offer the Client any warranty pertaining to other contractors or consultants. The Client should sign a separate agreement with their contractors (if applicable). The only aspect we "Xxxxxxxx Xxx Ltd" assist the Client with as an interior designer, is on checking on the work being done to ensure the cohesive and accurate implementation of the Design Studios Project proposal and designs.
RIGHT OF SUBSTITUTION. In the event that Subscriber no longer owns a property enumerated in Exhibit B, at the time that Issuer is ready to acquire title thereto, then Subscriber shall have a right, subject to reasonable approval by Issuer, to substitute any and all properties so long as the cumulative fair market value of all properties, including originally enumerated and substituted by Subscriber, is not reduced.
RIGHT OF SUBSTITUTION. 13.1 Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third-party sub-contractor to perform some or all the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
13.2 If the Contractor hires a sub-contractor:
13.2.1 the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
13.2.2 for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
RIGHT OF SUBSTITUTION. Except as otherwise provided in this Agreement, Genius Energy Lab Limited may, at their absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of their services under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
RIGHT OF SUBSTITUTION. NDL, as operator, shall have the right, in its sole discretion, to substitute one or more of the xxxxx intended to be drilled with a new well as designated by NDL, or to add additional xxxxx to the schedule of xxxxx as proposed for drilling from time to time or to change the wellbore configuration of one or more of the xxxxx by drilling such xxxxx. Each Participant herein, recognizes that such changes may result in revised expenditures. NDL agrees to furnish each Participant with revised AFEs to reflect such changes to the Project.
