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. During a period of substantial irrigation demand, after Stage I and Stage II have 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. Any Property Owner shall have the right to trigger the City’s construction of a subsequent phase of the LES Rokeby Road Intersection Improvements by completing the following (“Triggering Owner”):
(i) Providing written notice to the Director of Transportation and Utilities of the Triggering Owner’s request to trigger construction of a specified phase of the LES Rokeby Road Intersection Improvements (“Trigger Notice”);
(ii) Within thirty (30) days of receipt of the Trigger Notice, the City shall cause the preparation of an estimated cost for such phase of the LES Rokeby Road Intersection Improvements identified in the Trigger Notice, and provide notice of said estimated cost and the amount of Rokeby Rd. Impact Fees then collected and available for such specific subsequent phase of the LES Rokeby Road Intersection Improvements to the Triggering Owner (“Subsequent Phase Available Rokeby Rd. Impact Fees”); and
(iii) Triggering Owner shall place in escrow with an escrow agent, acceptable to the City, for the benefit of the City a bond, letter of credit, or other security agreement, approved by the City Attorney (“Rokeby Rd. Escrow”), in the amount of one hundred ten percent (110%) of the difference between the City’s estimated cost of the Triggering Owner’s phase of the LES Rokeby Road Intersection Improvements identified in the Trigger Notice and the amount of the Subsequent Phase Available Rokeby Rd. Impact Fees (“Rokeby Rd. Escrow Amount”) to guarantee construction of the Triggering Owner’s phase of such Improvements.
(iv) Upon Rokeby Rd. Escrow Amount being placed in the Rokeby Road Escrow the City shall design and bid the phase of the LES Rokeby Road Intersection Improvements identified in the Trigger Notice as soon as reasonably possible. The City shall notify Triggering Owner of the actual bids and, in the event:
(A) The actual lowest responsible bid exceeds the Rokeby Rd. Escrow Amount, then the Triggering Owner will increase the amount of the Rokeby Rd. Escrow Amount held in the Rokeby Rd. Escrow to cause the adjusted Rokeby Rd. Escrow Amount to be equal to one hundred ten percent (110%) of the actual lowest responsible bid minus the Subsequent Phase Available Rokeby Rd. Impact Fees; or
(B) The actual lowest responsible bid is less than the Rokeby Rd. Escrow Amount, then the Triggering Owner may decrease the amount of the Rokeby Rd. Escrow Amount held in the Rokeby Rd. Escrow to be equal to one hundred ten percent (110%) of the lowest responsible bid mi...
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. If the Consolidated Adjusted EBITDA of the Company for a given fiscal year is short of the Target EBITDA (as defined in the Purchase Agreement) for such fiscal year by ten percent (10%) or more, then Purchaser may, by written notice delivered to the Company (a “Put Option Notice”), require that the Company purchase all or some of its Shares (a “Put Option”) at a price per share equal to the Original Price Per Share plus five percent (5%) annual compounded interest accruing from January 1st of the first occurring Down Fiscal Year until the date of actual payment (the “Put Price”).
Trigger. To the extent that Benchling’s provision of an Audit Report does not provide sufficient information for Customer to verify Benchling’s compliance with this Addendum or Data Protection Laws, or Customer is legally required to respond to a regulatory authority audit, Customer has the right, at Customer’s expense, to conduct an audit of Benchling’s data security infrastructure and procedures pursuant to a mutually agreed-upon audit plan with Benchling that is consistent with the below Audit Parameters (an “Audit”).
Trigger. In the case that on a trading day d after 3:00 p.m. (CET), the number of partial quantities amounting to 50,000 MWh each, the partial capacity fee of which is still to be set by the end of the trigger phase, exceeds the number of the trading days remaining until the end of the trigger phase (excluding the current trading day), the partial capacity fee PCFd regarding the partial quantity concerned thereby shall be determined (“Substitute Determination”) by means of an application with the necessary modifications of the index formula for PCFd described in section (2), where for the Spreadd =
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.
