Target Availability. The Target Availability of each Element and the Project shall be 98%. Payment of monthly Transmission charges based on actual availability will be calculated as per para 1.2 of Schedule 4 of this Agreement. If the availability of any Element or the Project is below the Target Availability, for six consecutive months in a Contract Year, the DIC(s) or the Nodal Agency may issue a show cause notice to the TSP, asking them to show cause as to why the Transmission Service Agreement be not terminated, and if no satisfactory cause is shown it may terminate the Agreement. If the Nodal Agency is of the opinion that the transmission system is of critical importance, it may carry out or cause to carry the operation and maintenance of transmission system at the risk and cost of TSP.
Target Availability. The Target Availability of the Project shall be ninety eight percent (98%).
Target Availability. The Third Party Target Reviewer shall promptly, but no later than [**] after receiving Arvinas’ list under Section 2.10.2(b), determine whether the Proposed Target is or is not an Excluded Target based on Arvinas’ list of then-Excluded Targets.
Target Availability. Isis agrees not to enter into any collaboration with, or render services for, a Third Party wherein Antisense Technology is applied to Targets in a Collaboration Therapeutic Area whereby such collaboration or service with or for a Third Party will negatively impact the timely accomplishment of the objectives of the Collaboration.
Target Availability. HRLocker will use commercially reasonable efforts to make each HRLocker service available with an uptime of 99.8% of each calendar month.
Target Availability. The Target Availability of the Project shall be 98%.
Target Availability. Upon either Party’s reasonable request, the Parties shall mutually agree upon an independent, nationally-recognized law firm to act as a gatekeeper (the “Gatekeeper”) solely for purposes of facilitating Target nomination and verifying whether or not a Target is Available, as further described in this Section 4.1(c), and the Parties shall [***] the Gatekeeper in connection therewith. At the nominating Party’s request, the non-nominating Party shall provide the nominating Party (or, at non-nominating Party’s discretion, the Gatekeeper) with [***]; provided that, the non-nominating Party shall not be obligated to provide to the nominating Party any confidential information of a Third Party, or to breach the terms of any agreement with a Third Party in providing such information. The Parties shall agree upon and enter into a customary three-way agreement with the Gatekeeper, whereby (i) the nominating Party will provide the Gatekeeper with the proposed Target, (ii) the non-nominating Party will provide the Gatekeeper with a list of Targets that are not Available, and (iii) upon review of both lists, the Gatekeeper will inform the nominating Party (and only the nominating Party) of whether the proposed Target is Available; provided that the nominating Party’s proposed Target shall be the Confidential Information of nominating Party, and the non-nominating Party’s list of Targets shall be the Confidential Information of the non-nominating Party. In the event of any dispute with respect to the Availability of a Target under this Section 4.1, whether or not a Gatekeeper is implemented to facilitate the Target nomination process, either Party may submit such dispute for resolution pursuant to Article 15.
Target Availability. DNAnexus will use commercially reasonable efforts to make the Service available with an uptime of at least 99.6% of all Scheduled Availability Time (“Target Availability”), calculated on a monthly, per-hour basis.
Target Availability. Dragonfly AI will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month ("Target Availability").
Target Availability. During the Target Selection Period and Target Substitution Period, the Gatekeeper shall promptly inform Company following receipt of a Target Request that such a request was made, but shall not disclose the identity of the Nominated Target to Company. Company shall have [***] following such notice from the Gatekeeper to provide an updated list of Unavailable Targets to the Gatekeeper, which list shall provide the basis of such unavailability for each Unavailable Target and shall further provide reasonable supporting documentation regarding the basis of such unavailability. Subject to Section 3.3.4, the Gatekeeper, in determining whether a Nominated Target is an Available Target, shall only reject a Target Request and designate a Nominated Target as an Unavailable Target if, at the time of such request, the Nominated Target is listed on Schedule 3.1.2 or the list of Unavailable Targets provided by Company indicates that Company is:
(a) contractually obligated to grant, or has granted, to a Third Party, rights with respect to products containing TRACTr Compounds directed to such Target;
(b) actively and in good faith engaged in bona fide negotiations with a Third Party regarding the development or commercialization of products containing TRACTr Compounds directed to such Target; or
(c) actively performing or has performed activities on its own behalf regarding the development or commercialization of TRACTr Compounds directed to such Target or products incorporating such TRACTr Compounds whereby [***]. The list of Unavailable Targets and supporting documentation provided to the Gatekeeper shall be deemed the confidential Information of Company. The Parties agree that in no event will the Gatekeeper disclose to Merck any of the supporting documentation for the list of Unavailable Targets provided by Company to the Gatekeeper.
