The Applications. 5.1 The Applications to which the Customer shall have access are detailed in Schedule 2 to this Agreement.
5.2 The Customer is free during the term of this Agreement to either add to or remove from the selection of Applications, subject to availability of required applications from the Service Provider. The Fees shall be amended accordingly in the event of such modification.
The Applications. Best Efforts
2.1 The Parties shall use their best efforts to implement the terms of the Agreement and to secure the prompt, complete and final dismissal of the Action with prejudice and without costs.
2.2 The Parties agree to hold in abeyance all steps in the Action, other than proceedings provided for in the Agreement, the First Application, the Second Application and such other proceedings required to implement the terms of the Agreement, until the date the Agreement becomes final or the date of the termination of the Agreement.
2.3 The Plaintiff will, as soon as is reasonably practicable following the execution of the Agreement, bring the First Application. Subject to the First Order being satisfactory to the Defendants acting reasonably, and for the purposes of this Agreement only, the Defendants will consent to the First Order being issued by the Court for the purposes of the Settlement only. Further, subject to the Dismissal and Discontinuance Order being satisfactory to the Defendants acting reasonably, the Defendants will consent to the Dismissal and Discontinuance Order being issued by the Court regardless of whether the Action is certified or the proposed Settlement is ultimately approved.
2.4 The Plaintiff and the Defendants agree that the only common issues that the Plaintiff will seek to certify as against the Company are the Common Issues and the only class that the Plaintiff will assert is the Class.
2.5 Upon entry of the First Order, Class Counsel shall cause the First Notice to be published in accordance with the Plan of Notice as approved by the Court and any directions of the Court. Any third-party costs for publishing the First Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit.
2.6 The Plaintiff will thereafter bring the Second Application before the Court in accordance with the Court’s directions. The Defendants will consent to the issuance of the Second Order, subject to the content of the Second Order sought at the Second Application being satisfactory to the Defendants acting reasonably, and for the purposes of the Settlement only.
2.7 Upon entry of the Second Order, Class Counsel shall cause the Second Notice to be published and disseminated in accordance with the Plan of Notice as approved by the Court and any directions of the Court. Any third-party costs for publishing the Second Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit.
The Applications. 5.1 The Applications to which the Buyer shall have access are detailed in the Call-Off Contract.
5.2 During the term of the Call-Off Contract the Buyer can add Applications to the Services being provided. Such addition will be subject to a change control process, the Buyers acceptance of the additional costs and a fully executed Variation.
The Applications. All software from QuantumFuture Scientific Software LLC ("Licensed Applications") are created to help in the general area of scientific research and modeling and they are used to perform scientific research and modeling in the general areas of quantum chemistry, computational drug and material designs. The Licensed Applications are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use any of these Licensed Application. You may not use the Licensed Applications in a way that would violate the Xxxxx-Xxxxx- Xxxxxx Act (GLBA).
The Applications. Before the court for its determination were two applications. The first was the claimant’s Notice of Application dated September 7, 2018 by virtue of which the claimant sought the following relief;
The Applications. FWEat and its affiliate may also make available to Customers its proprietary technology that enables Customers to purchase Items from Merchant and request delivery services for said Items from Delivery People (as defined below), who retrieve such Items from Merchant and deliver such Items to such Customers (the “App(s)”). Delivery Partners (Riders) are independent operators using FWEat Delivery Partners (Riders) App Platform, and as such, they reserve the right to refuse to accept any Item in their sole discretion.
The Applications. On March 29, 2006, British Columbia Hydro and Power Authority (“BC Hydro”) filed with the British Columbia Utilities Commission (“the Commission”) the 2006 Integrated Electricity Plan (“2006 IEP”) and the Long-Term Action Plan (“LTAP”). The 2006 IEP is a long-term plan that describes how BC Hydro could meet customers’ electricity needs over a 20-year planning horizon and the resource options available to meet those needs under a variety of assumptions and risks. The LTAP is an action plan supported by the 2006 IEP. It itemizes the actions BC Hydro intends to take in the next 10 years to meet customers’ electricity needs as part of BC Hydro’s overall planning and resource acquisition process. The 2006 IEP and LTAP requests that the Commission issue an Order which: (i) states that the LTAP meets the requirements of Section 45 (6.1) of the Utilities Commission Act (“UCA”); (ii) makes specific determinations under Section 45 (6.2) of the UCA with respect to certain expenditures submitted in the LTAP; and (iii) approves the transmission LTAP plan and contingency plans for inclusion in the utility’s Network Integrated Transmission Service (“NITS”) application. By letter dated March 15, 2006, BC Hydro applied for certain orders regarding the F2007 and F2008 revenue requirements, including an order approving current customer rates as interim, effective April 1, 2006. By Order No. G-32-06 dated March 23, 2006, the Commission approved current customer rates as interim, effective April 1, 2006. The Commission wishes to ensure that affected parties have an opportunity to understand the Applications and their implications for reliability and security of electricity supply, rate stability and customer rates. The Commission also wishes to hear from affected parties before determining the public process necessary for the disposition of the Applications.
The Applications. The First Defendant’s Application filed on 08 September 2020 for a Stay of Proceedings pursuant to Section 7 of the Arbitration Act Chap 5:01 [“the Act”]
9. Clause 12 of the Contract entered into between the Claimant and the First Defendant provides:
a) In the event of any dispute between the parties in relation to or arising out of this Agreement (“the Dispute”), either of them shall serve notice on the other giving particulars of the dispute and requesting a meeting to attempt to reach an amicable resolution of the Dispute. The parties agree to negotiate in good faith for the resolution of the Dispute during a period of up to thirty (30) days from the receipt of t such notice (the “Negotiating Period”).
b) If the parties fail to resolve the Dispute between themselves during the Negotiating Period, the parties may refer the same to a mutually agreed mediator for non-binding mediation.
c) If after thirty (30) days from the date of reference of the Dispute to mediation or such further period as the parties may agree in writing, the parties fail to resolve the Dispute by mediation, or if the parties do not proceed to mediation, either of the parties may submit the Dispute to arbitration in accordance with the provisions of the Arbitration Act of the Laws of Trinidad and Tobago Chapter 5:01 or any statutory modification thereof for the to time being in force.”
10. Sections 20.4, 20.5 and 20.6 of the International Federation of Consulting Engineers Conditions of Contract for Construction (“FIDIC”) 2005 states:
The Applications. The Original Application provided by Vocus shall include all features and functionality available in the current version of the MEDIAtlas Service. The PE Application shall include the features and functionality set forth in the fourth (4th) column entitled “PE Application” on Exhibit C attached hereto and made a part hereof, and the optional add-ons set forth on Exhibit D attached hereto and made a part hereof (the “Add-Ons”), which shall be provided at an end-user’s election. In the event Vocus adds a “projects functionality” to the VPE Service, it shall also add a projects functionality to the PE Application at no additional cost to PR Newswire.
The Applications a) The Application(s) which the Customer has selected to use includes third party software programs which will be sub-licensed to the Customer by Provider in accordance with the terms of this Agreement and/or under any Special terms specified in Schedule A.
b) The Customer may add to or vary the selection of Applications which it wishes to license from time to time during the continuance of this Agreement and Schedule A will be amended accordingly by the signature and return of one copy of the new schedule A to Provider or by the Customer accessing and/or using the additional or varied Application.
c) For a period of 30 days commencing on installation of the Applications, the Customer may discontinue the license of the Software if it does not perform to the Customer's satisfaction. If the Customer does so, the Supplier shall immediately refund all monies paid by the Customer under this licence and, on receipt of that refund, this licence shall terminate.
