Substitution Procedure Clause Samples

The Substitution Procedure clause outlines the process by which one party may replace a person, product, or service originally specified in the contract with an alternative. Typically, this clause details the conditions under which substitution is permitted, such as requiring prior written consent from the other party or ensuring the substitute meets certain standards or qualifications. Its core practical function is to provide flexibility in fulfilling contractual obligations while maintaining quality and protecting the interests of both parties.
Substitution Procedure. Temporary vacancies of up to three months duration or trial period vacancies may be filled by a lateral transfer or by substitution in the vacancy by employees classified at a lower level. In such cases, the senior qualified regular employee in the Coordinator's department, within the next lower classification shall receive the first opportunity. If declined, the next senior qualified employee in the classification and department shall have the opportunity. If declined by all senior qualified employees in the classification and department, the opportunity will be given to the next most senior qualified employee within the next lower classification and so on. Where no one qualified in the department is interested in the substitution opportunity, the same procedure will be followed amongst employees in other departments in the same geographic location. In the Executive area, substitution opportunities will be given to employees within the respective Director's departments. Victoria is considered to be one department for the purposes of substitution.
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Substitution Procedure. In the event Seller elects to substitute for a Mortgage Loan, Seller shall send to Purchaser a Substitution Notice which (i) identifies the Substitute Mortgage Loans being substituted and (ii) calculates the Substitution Adjustment. In the event the Substitution Adjustment is a negative number, Seller shall pay such Substitution Adjustment to Purchaser if such substitution is made after the Closing Date or shall reduce the Total Purchase Price correspondingly if such substitution is made prior to the Closing Date. In the event the Substitution Adjustment is a positive number, Purchaser shall pay such Substitution Adjustment to Seller if such substitution is made after the Closing Date or shall increase the Total Purchase Price correspondingly if such substitution is made prior to the Closing Date. Seller shall deliver to Purchaser all items required under Section 4.2 with respect to such Substitute Mortgage Loan and Purchaser shall convey all of its right, title and interest in and to the Deleted Mortgage Loan to Seller and shall make all deliveries and take all other actions on the same terms and conditions under which Seller had conveyed such Mortgage Loan to Purchaser. If Purchaser receives any amounts on account of such Mortgage Loan after its conveyance to Seller that are payable to Seller pursuant to the terms of this Agreement, it shall promptly forward such sums to Seller. If Seller substitutes a Substitute Mortgage Loan for a Defective Mortgage Loan, the deletion date for the Defective Mortgage Loan and the substitution date of the Substitute Mortgage Loan (which shall be the same date) shall be specified in such Substitution Notice and shall be a date occurring on or before the date three Business Days following the date of the relevant Substitution Notice.
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Substitution Procedure. ‌ 9.3.1 On the Proposed Novation Date or such later date (if any) as the identity of the Substitute is determined pursuant to Clause 9.2 (Objection to Substitute) the Offtaker and the Generator shall each enter into a Novation Agreement with the Substitute. 9.3.2 The novation of the Generator’s rights and obligations under the Contract pursuant to a Novation Agreement shall be effective from the date (the Novation Date) which is the latest of the Proposed Novation Date, such later date (if any) as the identity of the Substitute is determined pursuant to Clause 9.2 (Objection to Substitute) and the date upon which each of the following conditions is satisfied, namely:‌ (a) the Offtaker having received, in form and content satisfactory to the Offtaker acting reasonably: (i) a certified copy of the constitutional documents and certificate of incorporation and any certificate of incorporation on change of name of the Substitute; and (ii) evidence of compliance by the Substitute with “know your customer” or similar identification procedures or checks under all applicable laws and regulations pursuant to the transactions contemplated by the Novation Agreement and the Contract; (b) the Offtaker having received a legal opinion addressed to the Offtaker, in form and content reasonably satisfactory to the Offtaker, from the legal advisers to the Substitute confirming that the Substitute: (i) is duly formed and validly existing under the laws of the jurisdiction of its formation; and (ii) has the power to enter into and perform, and has taken all necessary action to authorise its entry into and performance of, the Contract; (c) the Offtaker being satisfied acting reasonably that: (i) [⚫]31 (d) the Substitute being or having become the legal and beneficial owner of the Facility, subject only to any third party rights arising by reason of any security interest created or subsisting over or in respect of the Facility. 9.3.3 The Offtaker shall notify the Security Trustee and the Substitute of the Novation Date as soon as reasonably practicable after it has occurred. 9.
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Substitution Procedure. If, at any time prior to July 1, 2007, City desires to make such a substitution of collateral, City shall deliver to SDCERS’ Retirement Administrator a Deed of Trust (“Replacement Deed of Trust”) which is identical in form and content to that of the Deed of Trust encumbering the collateral to be replaced (“Replaced Deed of Trust”), except that the Replacement Deed of Trust shall be dated currently and shall describe real property including or consisting of real property (“Replacement Collateral”) different than that described in the Replaced Deed of Trust (“Replaced Collateral”). Any request for substitution of collateral as described in this paragraph shall be published in SDCERS’ regular monthly meeting agenda and all information pertaining to the substitution request shall be publicly announced by SDCERS at the next meeting as an agenda item.
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Substitution Procedure. Any written notice provided by Ionis to Metagenomi pursuant to Section 2.1.3(a) (Discretionary Substitutions), Section 2.1.3(b) (Substitutions for Technological Infeasibility), or Section 2.1.3(c) (Substitutions After Resolution of Technological Infeasibility) will be a “Replacement Target Notice” and the proposed replacement gene target identified in any Replacement Target Notice will be a “Proposed Replacement Target”. Each Replacement Target Notice will specify which current Collaboration Target should be removed as a result of such replacement, and, unless otherwise agreed by the Parties, each Proposed Replacement Target will [***]. Promptly after such Proposed Replacement Target becomes a Collaboration Target pursuant to Section 2.1.4(c) (Effects if a Proposed Target is Available), Metagenomi will [***] after such Proposed Replacement Target becomes a Collaboration Target pursuant to Section 2.1.4(c) (Effects if a Proposed Target is Available).
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Substitution Procedure. Temporary vacancies of up to three months duration or trial period vacancies may be filled by a lateral transfer or by substitution in the vacancy by employees classified at a lower level. In such cases, the senior qualified employee in the Coordinator's department, within the next lower classification shall receive the first opportunity. If declined, the next senior qualified employee in the classification and department shall have the opportunity. If declined by all senior qualified employees in the classification and department, the opportunity will be given to the next most senior qualified employee within the next lower classification and so on. Where no one qualified in the department is interested in the substitution opportunity, the same procedure will be followed amongst employees in other departments in the same geographic location. In the Executive area, substitution opportunities will be given to employees within the respective Director's departments. ▇▇▇▇▇▇▇▇ is considered to be one department for the purposes of substitution. Note: Existing language moved from Appendix I ARTICLE 20 - LAYOFF AND RECALL
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Substitution Procedure. On the Proposed Novation Date or such later date as may be agreed, the Contracting Party and the Borrower shall each enter into a Novation Agreement with the Substitute and any other agreements reasonably required in order to effect the transfer envisaged by this Clause 8 and to give the Substitute and the remaining parties the same rights between themselves as existed between the original parties and pursuant to which, and so that, at and from the Novation Date:
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Substitution Procedure. Any written notice provided by Ionis to Metagenomi pursuant to Section 2.1.3(a) (Discretionary Substitutions), Section 2.1.3(b) (Substitutions for Technological Infeasibility), or Section 2.1.3(c) (Substitutions After Resolution of Technological Infeasibility) will be a “Replacement Target Notice” and the proposed replacement gene target identified in any Replacement Target Notice will be a “Proposed Replacement Target”. Each Replacement Target Notice will specify which current Collaboration Target should be removed as a result of such replacement, and, unless otherwise agreed by the Parties, each Proposed Replacement Target will be a target for which a Licensed Product would be delivered to the same tissue as the Collaboration Target subject to the substitution. Promptly after such Proposed Replacement Target becomes a Collaboration Target pursuant to Section 2.1.4(c) (Effects if a Proposed Target is Available), Metagenomi will re-allocate the resources dedicated to the Drug Discovery Program for the Collaboration Target that was removed as a result of the substitution to the Drug Discovery Program for the new Collaboration Target as soon as practicable, but in any event within [***] after such Proposed Replacement Target becomes a Collaboration Target pursuant to Section 2.1.4(c) (Effects if a Proposed Target is Available).
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Substitution Procedure. 9.3.1 On the Proposed Novation Date or such later date (if any) as the identity of the Substitute is determined pursuant to Clause 9.2 (Objection to Substitute) the Offtaker and the Generator shall each enter into a Novation Agreement with the Substitute. 9.3.2 The novation of the Generator’s rights and obligations under the Contract pursuant to a Novation Agreement shall be effective from the date (the Novation Date) which is the latest of the Proposed Novation Date, such later date (if any) as the identity of the Substitute is determined pursuant to Clause 9.2 (Objection to Substitute) and the date upon which each of the following conditions is satisfied, namely: (a) the Offtaker having received, in form and content satisfactory to the Offtaker acting reasonably: (i) a certified copy of the constitutional documents and certificate of incorporation and any certificate of incorporation on change of name of the Substitute; and
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Related to Substitution Procedure

  • Application Procedure 7.4.1. Application Priority........................................ 7.4.2. [Reserved].................................................. 7.4.3. Advance Payments............................................

  • Variation Procedure 16.1.1 Subject to the provisions of this Clause 16 and, in respect of any change to the Framework Prices, subject to the provisions of Framework Schedule 3 (Framework Prices), the Authority may request a variation to this Framework Agreement provided that such variation does not amount to a material change of this Framework Agreement within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". 16.1.2 The Authority may, at its own instance or where in its sole and absolute discretion it decides to having been requested to do so by the Supplier, request a Variation by completing and sending the Variation Form as set out in Framework Schedule 19 (Variation Form) to the Supplier giving sufficient information for the Supplier to 16.1.3 The Supplier shall respond to the Authority’s request pursuant to Clause 16.1.2 within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Authority having regard to the nature of the proposed Variation. 16.1.4 In the event that: (a) the Supplier is unable to agree to or provide the Variation; and/or (b) the Parties are unable to agree a change to the Framework Prices that may be included in a request for a Variation or response to it as a consequence thereof, (c) the Authority may: (i) agree to continue to perform its obligations under this Framework Agreement without the Variation; or (ii) terminate this Framework Agreement with immediate effect.

  • Resolution Procedure a. Step 1 i. The complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express their feelings about the situation. ii. Before proceeding to Step 2, the complainant may approach their administrative officer, staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. Refer to Article E.

  • Escalation Procedure Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is: (a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or (b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.

  • Selection Procedure 10.2.4.1 Internal applicants shall be defined as all applicants with seniority in accordance with Article 12.5. 10.2.4.2 In filling a posted vacancy, first consideration shall be given to internal applicants who meet the stated qualifications. All Faculty members who meet the stated qualifications for the posted vacancy shall be interviewed by the Selection Committee. Past service and evaluations shall be considered by the Committee. The best qualified candidate shall be recommended for appointment to the position. 10.2.4.3 Where the qualifications of two or more of the applicants are relatively equal, the applicant with the greatest seniority shall be recommended for appointment to the position. 10.2.4.4 In establishing the qualifications, and in evaluating the qualifications and past performance of the applicants, the committee shall act in good faith, in a fair and reasonable manner, and shall not act in an arbitrary or discriminatory fashion. 10.2.4.5 Following the interviews, the committee will submit its recommendations containing a list of qualified candidates in order of preference, through the appropriate ▇▇▇▇ to the President or delegate. 10.2.4.6 New faculty members shall be appointed only when there are no qualified internal applicants. 10.2.4.7 If there are no qualified internal applicants, the selection committee may consider external applications, in accordance with the procedure outlined above. 10.2.4.8 Internal applicants will be advised as soon as possible of the selection committee's decision that the committee will be considering external applications in accordance with Article 10.2.4.7.