THIRD-PARTY CONSULTANT. ELITE will not be liable for any costs incurred as a result of LICENSEE, for any reason, employing the services of a third-party computer consultant or other technical personnel.
THIRD-PARTY CONSULTANT. CIIPA may fulfill some of its obligations through a retained 3rd party agent or consultant.
THIRD-PARTY CONSULTANT. Owner shall have the right at its option (after consultation with BKEP to assure that BKEP has no reasonable objection to his or her appointment) to appoint one or more independent, third-party consultants, including without limitation, consultants of Owner’s construction lender (“Consultant”) to review and monitor on behalf of Owner all aspects of the Construction Services and advise Owner regarding whether BKEP’s performance of the Consulting Services is in compliance with its obligations pursuant to this Agreement. Without limiting the foregoing, BKEP shall simultaneously provide the Consultant(s) with a copy of all reports when the same are submitted to Owner and any Consultant will be entitled to attend any meeting between Owner and BKEP either with Owner or as Owner’s representative. All expenses of such Consultant(s) shall be borne and paid by Owner and Owner shall be responsible for providing BKEP with contact information for each such Consultant.
THIRD-PARTY CONSULTANT. Site(s): The Initial Sites within the Enterprise (as defined below) are the following: Chassis, Saginaw, Interior, Delphi E, Aftermarket Group, Delco, Packard, and Thermal. Customer shall provide thirty (30) days written notice to CrossWorlds before adding any additional implementations and the Site locations for such implementations.
THIRD-PARTY CONSULTANT. Pay all fees and expenses of a third-party ---------------------- business consultant to be hired on or before February 15, 2000 in a manner acceptable to the Agent on behalf of the Lenders, the Senior Lease Creditor and Prudential, such consultant to be mutually acceptable to the Borrower, Agent and Lenders, to report to and be available for meetings with the Lenders, the Agent, the Senior Lease Creditor and Prudential and to have a scope of duties and cost structure to be agreed upon. Copies of any consultant reports will be delivered to the Borrower. In the event such consultant shall cease to be acceptable to the Agent and the Lenders or shall not be available for meetings or shall not deliver copies of such consultant reports as a result of its employment by or client relationship with Prudential, the Borrower agrees to pay all fees and expenses of an additional independent third-party consultant to be hired thereafter by the Agent on behalf of the Lenders and to have a scope of duties and cost structure to be agreed upon.
THIRD-PARTY CONSULTANT. This Agreement and accompanying BMPs listed in Exhibit B contain provisions establishing that the Operator shall undertake certain action items “to the maximum extent practicable” or where “practicable.” If Operator does not fully undertake any such action because the Operator informs the City it is not “practicable,” the Operator agrees that the City has the right to obtain an independent third party expert’s opinion as to practicability and Operator shall reimburse the City any reasonable costs associated with such third party’s opinion if such opinion finds that further implementation is indeed practicable and such opinion was sought by the City in good faith and within reason. The City and the Operator together will select the consultant to ensure that the consultant has the required expertise to undertake the “practicability” analysis.
THIRD-PARTY CONSULTANT. If requested by the Administrative Agent at any time following the occurrence of an Event of Default, the Loan Parties shall within ten (10) Business Days following such request (or such longer period as the Administrative Agent shall agree in its sole but reasonable discretion) engage a third party consultant (the “Consultant”) acceptable to the Administrative Agent in its reasonable discretion, but at the Loan Parties’ sole expense, to provide reports to the Administrative Agent and the Lenders in form and scope acceptable to the Administrative Agent and the Required Lenders in their sole but reasonable discretion. The Borrower and the other Loan Parties each irrevocably authorizes, and shall cause, the Consultant to: (i) disclose fully and promptly to the Administrative Agent and its Related Parties all material developments in connection with the efforts of the Borrower, the other Loan Parties and their Subsidiaries and the Consultant, (ii) regularly consult with, and respond to the inquiries of, the Administrative Agent, the Lenders and their respective Related Parties concerning any and all matters relating to the affairs, finances and businesses of the Borrower, the other Loan Parties and their Subsidiaries, the assets and capital stock of the Borrower, the other Loan Parties and their Subsidiaries and/or the Consultant’s activities related thereto (including, without limitation, communications outside the presence of any representatives of the Borrower or any other Loan Party), and (iii) provide the Administrative Agent, the Lenders and their respective Related Parties copies of all reports, analyses and materials relating to any of the foregoing (including, without limitation, any and all confidential memoranda or other work product provided by the Consultant to any or all of the Borrower, the Lenders and their respective Related Parties).”
(f) Section 6.12(b) of the Credit Agreement is hereby amended and restated to read as follows: “
THIRD-PARTY CONSULTANT. The third party consultant shall be jointly employed by UP/SP and BNSF. The parties will share equally in the expense of employing such third party consultant. Both UP/SP and BNSF shall have the right to audit the work of the third party consultant and agree to share any irregularities found in this work and cooperate to work with the third party consultant to establish procedures to promptly correct those deficiencies. The third party consultant shall be required to remain impartial between UP/SP and BNSF. Any breach of the impartiality requirement shall result in the termination of such third party consultant and the selection of a new consultant by the parties. Example of Revenue Per Ton Mile Calculation by Origin-Destination Cell Cell Includes Car Type and Commodity Assumption: Move 1 Move 2 ------ ------ 1. BNSF Revenue Per Car From $5000 $2000 O/D Areas North of Portland to Destination States
THIRD-PARTY CONSULTANT. ELITE will not be liable for any costs incurred as a result of TRANSFEREE, for any reason, employing the services of a third-party computer consultant or other technical personnel.
THIRD-PARTY CONSULTANT. The QA program would continue. The consulting firm would manage and provide technical support for the seed testing program. The LAP will develop an issue paper to examine the future QA seed testing program.
