Second Phase. The “Second Phase” of a NCPA Project consists of all work performed after one or more NCPA Members has signed a Second Phase Agreement with NCPA for Project surveys, preliminary investigations, study, design, or development, but before a Third Phase Agreement for the NCPA Project becomes effective.
Second Phase. During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems.
Second Phase. (a) During the Second Phase, with respect to a particular jurisdiction, Bioverativ shall forecast Drug Substance, Drug Product and Finished Goods and order Drug Product or Finished Goods that are packaged and labelled for sale by Bioverativ or by a Third Party designated by Bioverativ, which shall include, for the avoidance of doubt, any product remaining unsold following the end of the First Phase that was forecasted by Bioverativ during the First Phase and that bears Biogen’s or a Biogen designated Third Party’s NDC numbers (or any equivalent non-U.S. designation of responsible party). Bioverativ shall take title to all such Drug Product or Finished Goods in accordance with Section 9.2(d) in order to enable Bioverativ or such designated Third Party to distribute, sell and have sold such products under Bioverativ’s or such Third Party’s necessary authorizations and licenses for the marketing of prescription biopharmaceutical products in any applicable territory.
(b) Effective as of the beginning of the Second Phase on a territory-by-territory basis, Biogen, on behalf of itself and its Affiliates, hereby grants to Bioverativ and its Affiliates, until the earlier of (i) the sale of the last Finished Goods bearing the trade marks and trade dress of Biogen as provided on Finished Goods manufactured by Biogen for Bioverativ (the “Biogen Marks”) in the applicable territory or (ii) the expiration of the usable shelf life of the last Finished Goods in such territory bearing the Biogen Marks, a non-exclusive, sublicenseable, worldwide, and royalty-free license to use the Biogen Marks to facilitate the transition by Bioverativ and its Affiliates to the sale of Finished Goods bearing new names and marks. All goodwill associated with the Biogen Marks generated by Bioverativ or its Affiliates’ use of the Biogen Marks pursuant to the foregoing license in this Section 4.2(b) shall inure to the benefit of Biogen and its Affiliates. Bioverativ and its Affiliates shall use the Biogen Marks at a level of quality equivalent in all material respects to that in effect as of the beginning of the Second Phase in the applicable territory. For purposes of clarity, nothing in this Section 4.2(b) shall preclude any uses of the Biogen Marks by Bioverativ and its Affiliates that are required or otherwise not prohibited under Applicable Law, including uses of the Biogen Marks not in commerce, uses that would not cause confusion as to the origin of a good or service, and references to t...
Second Phase. If there is no written agreement or if no decision is returned in the first phase, the union may refer the grievance to arbitration and so notify the employer in writing within thirty (30) days after the reception of the response from the employer or at the expiration of its time limit for answering. If such notice is not given by the union within those thirty (30) days, the grievance shall then be regarded as having been abandoned.
Second Phase. First-Come Basis - February 1st through December 31st. This includes vacations to be taken in January of the following year.
1. PCC shall post the remaining available vacation openings within the grocery (including cashiers, HBC, merc, and all other non-deli and non-produce departments), produce and deli departments.
2. Staff will select additional vacation time and will be awarded the same on a first-come, first served basis, irrespective of seniority.
8.2.1 If a staff person wishes to withdraw a vacation request, a written notice must be given to the SD at least two (2) weeks prior to the start of the work week in which the vacation occurs.
Second Phase. The second phase shall be the Design Development Phase, which shall advance the selected option of the Schematic Design Phase to a point representing approximately Forty (40%) percent of the design phase work. The second phase deliverables shall include design analyses including criteria and parameters, final-scale plans, elevations and adequate sections to describe the designed system, a detailed CSI-format specification, and assistance to the Construction Manager with the preparation of a detailed estimate of the cost of construction, including unit prices and quantities with labor and material prices. This estimate shall be complete enough to allow adjustments in the design required to minimize the possibility of final bids exceeding the Owner’s Budget. After review by the Owner, with any adjustments made as directed by the Owner, provided that such adjustments are not in conflict with directions or decisions provided previously by the Owner's Representative, written Approval shall be given to proceed to the next phase.
Second Phase. For the second nominal 90,000 barrels per day minimum or more for the Large Licensed Plant under the same Site License Agreement referenced above (“Second Phase”) that will be included in a combined design with the First Phase as a single project for purposes of preparation of the Process Design Package, with the Second Phase constructed either concurrently with the First Phase or in a separate consecutive period starting no more than 1 year following the start of construction of the First Phase, the License Fee associated with the Second Phase of the Large Licensed Plant shall be paid as follows:
Second Phase. The second phase shall be made upon the Injected Construction having been transferred to the JV Company in accordance with the Capital Increase Agreement as follows: in cash in cash by way of contribution of the Injected Construction The amount of capital contribution under the Capital Increase Agreement was arrived at arm’s length negotiation among the JV Partners and determined with reference to the total investment amount of the setting up of the new mass production line for the 5.5 generation of AM-OLED as well as the cash in hand of each of the JV Partners at the current stage. Shanghai Tian Ma intends to fund its cash capital contribution by internal resources and bank loans.
Second Phase. This revised SOW presents the effort for the second phase of this project. This effort includes additional stormwater development tasks, additional dewatering design and permitting, and revisions to the previously proposed engineering services during construction for the landfill development. These revisions were accomplished by performing a more detailed analysis of the engineering efforts during construction. We assumed reduced hours for resident observation and reduced subconsultant construction quality assurance testing. With these changes we have been able to maintain the original cost proposal for the landfill development task. Section 2 describes the landfill development task.
Second Phase. (On and after July 1, 2003) (The Second Phase Agreement). Effective July 1, 2003, and for the period of one year thereafter, Executive shall be employed by the Company on the following basis, which shall be referred to as the "Second Phase Agreement":
3.1 Executive shall continue as Special Advisor, performing such duties as the CEO and COO shall from time to time assign, but will continue to perform as Chairman of the Board of Nanowave, Inc., as long as desired by the Company.
3.2 Executive's expected time commitment will be approximately 20% of full time.
3.3 Executive shall be compensated at the rate of $12,000 per month. If in any three month period of time Executive is called upon to render services exceeding 25% of regular full-time employment, the parties will meet and define such services, and arrange for Executive to be compensated for such additional services by either reduced time in a later time period, or $2,000 per day, plus business expenses.
3.4 Executive will continue to be covered by the Company's health and welfare benefit programs (except its vacation benefits), Life Insurance Plan, Stock Option Plan, will continue to be eligible to participate in the Company 401 (k) plan, and will be eligible for Executive's Retirement Benefits upon retirement. The Company will reimburse Executive for all ordinary and necessary business expenses incurred by Executive in performing duties hereunder.
3.5 The Second Phase Agreement may be terminated by either party at any time by either party giving 30 days written notice to the other Party. The Company will invoke this right only if Executive breaches this Agreement, takes full time employment with another Company, or becomes incapacitated or unable to perform his duties hereunder. In the event either party elects to terminate the Second Phase Agreement, Executive will be paid through the effective date of such notice and thereafter relieved of any additional working responsibilities, and will become retired from the Company on the effective date of such notice.
3.6 The Second Phase Agreement will terminate as of June 30, 2004, unless the agreement is mutually extended in writing by Executive and Company for another period not to exceed one year.
3.7 At the termination of the Second Phase Agreement Executive will retire. Upon retirement Executive shall be entitled to Executive's Retirement Benefits as defined in Section 1.2 and other executive-level retirement benefits under the Company's then current Ex...
