Trigger. To resolve a Dispute under Section 9.0, Councils or SMC may initiate arbitration, and the dispute shall be arbitrated in the manner set forth in this Appendix.
Trigger. This would be a case in which a physician fails (or refuses) to provide adequate symptom control, which causes V to suffer greatly.58 In such circumstances V’s suffering is the product of a thing done by the physician, as well as her medical condition. Thus the human agency requirement is met, which, if coupled with the analysis of gravity of circumstance and sense of being wronged above, might make out the CJA 2009, section 55(4) trigger in the event of D losing control and killing V (or the physician). Of course, even if D could show that her killing resulted from a loss of control that had the CJA 2009, section 55(4) trigger, the jury might still reject the defence on the grounds that a person of ‘D’s sex and age, with a normal degree of tolerance and self restraint’ would not have reacted as D did in the circumstances.59 In respect of this objective element, it is submitted that killing a loved one in the circumstances described in order to relieve suffering is not obviously outside the bounds of reasonableness, and may be as excusable as the angry killing of an obstinate physician, if not more so.
Trigger. Except as disclosed on SCHEDULE 3.1.4.H, no employee of Seller will become entitled to any retirement, severance or other benefit solely as a result of the transactions contemplated hereby.
Trigger. Any Property Owner shall have the right to trigger the City’s construction of a subsequent phase of the Rokeby Road Improvements or LES Rokeby Road Intersection Improvements by completing the following (“Triggering Owner”):
Trigger. During a period of substantial irrigation demand, after Stage I has been implemented and failed to achieve an adequate reduction in consumption, when Expected Peak Demand exceeds 90% of Current Capacity, or system demand continues to generate areas of low pressure, or there are other indications that without further reductions in demand, a shortage could occur.
Trigger. If Borrower (on a consolidated basis with all Obligors) fails to earn and report (i) for fiscal year 2013, (A) Revenues of at least $47.5 million and (B) EBITDA of at least $($7.1 million), and for fiscal 2014, Revenues and EBITDA thresholds having been set by PFG based on Borrower’s 2014 Plan, but in no event less than: (i) for each of Q1 2014 and Q0 0000, Revenues of not less than $16.4 million and EBITDA of $(1,250,000) and $(1,150,000) for each quarter, respectively, and (ii) for each of Q3 2014 and Q0 0000, Revenues of not less than $21.3 million and EBITDA of $(700,000), (for each such quarterly period, the “Amortization Triggers”), then PFG may elect to amortize all or (at PFG’s sole option) part of the Loan over the shorter of a 24-month period from the date such PFG election is made or the remaining term to the Maturity Date (the “Amortization Right”), which Amortization Right must be exercised, if at all, not later than the twentieth (20th) Business Day following the date PFG receives Borrower report certifying compliance (or failure to comply) with the Amortization Triggers and, if PFG so elects, Borrower shall thereafter commence to make monthly payments of principal and interest on all the Loan in conformity with the amortization schedule notified at such time by PFG. Partners for Growth Schedule to Loan and Security Agreement
Trigger. On a Collaboration Program-by-Collaboration Program basis, the ROFN will expire at the end of the Option Exercise Period and will be triggered if (i) [***], Senti receives a bona fide proposal of terms from a Third Party to grant any rights to such Third Party that would be within the scope of the ROFN, and Senti wishes to engage in negotiations with such Third Party regarding such grant of rights (but shall not do so without first complying with this Section 4.3), or (ii) [***]; such notice shall identify the particular ROFN Programmed Cells and Efficacy Gene Circuit for which BlueRock wishes to obtain such a grant of rights.
Trigger. 2: During the Long-range Planning and Scheduling Phase, if UAL Flight Operations needs are projected to use 25% or more of the 24:00 to 02:00 time slot in an Operational Month in a given Fleet, those incremental UAL crews will then be scheduled into the Revenue Sharing Simulator. Every effort will he made to sell enough simulator time to make this a cost neutral transaction.
Trigger. If all of the Existing Third Party Use Agreements are recorded, it may be sufficient to attach a preliminary title report and provide that the Express Third Party Uses are those permitted by the Third Party Use Agreements described below. Note that consumptive water uses should also be listed.] Exhibit H hereto describes the existing third party uses of the Property permitted with the express agreement of Grantor ("Express Third Party Uses"). Subject to Section 7 above, Express Third Party Uses shall also include any future third party use implemented by Grantor as a Required Action or as a Discretionary Action approved by Grantee in accordance with Section 7. Grantor retains the right to maintain, renew, and replace all agreements memorializing the Express Third Party Uses ("Third Party Use Agreements") and to engage in all activities reasonably required to comply with Grantor’s obligations with respect to the Express Third Party Uses, subject to the following conditions:
Trigger. This capacity fee CFTrigger shall be determined in the following way: during the trigger phase (this shall be the period from January 1, 2018 to June 30, 2018) and in accordance with the following section (2), VGS shall set a total of […] partial capacity fees PCFd for each partial quantity of 50,000 MWh of the total working gas volume contracted under this contract; section (3), however, shall only apply subsidiarily. The total capacity fee CFTrigger to be paid shall the be the sum of the fixed partial capacity fees PCFdTrigger . With each determination of one capacity fee PCFdTrigger, VGS shall accordingly update section 2.1 of the Annex “Capacities and Storage Fee” and shall send the updated Annex to the customer by email. The updated Annex shall thereby supersede the former Annex “Capacities and Storage Fee”. As soon as section 2.1 of the Annex “Capacities and Storage Fee” shows all capacity fees PCFdTrigger, to be fixed, VGS shall calculate the capacity fee CFTrigger and also indicate it in section 2.1 of the Annex “Capacities and Storage Fee”; VGS shall send to the customer also the Annex “Capacities and Storage Fee” amended in that regard.
