Waivers and Deviations. Waivers of or deviations from the Performance Specification applicable to any Deliverable Item subject to acceptance inspection pursuant to this Article 11 shall be addressed as set forth in Article 9.1.4.
Waivers and Deviations. Contractor shall timely notify Purchaser in writing from time to time of any failure of the Work to meet the requirements of the Contract. With respect to any deviation or waiver from the Contract that Contractor shall in reasonable good faith believe that Purchaser should waive or approve or that Purchaser shall determine to waive or approve, Contractor shall submit to Purchaser a request for a waiver of, or deviation from, the provisions(s) of the Performance Specification applicable to the Satellite or Space Segment, which request shall set forth in detail the extent of the impact on the Performance Specifications. A request for waiver or deviation shall be deemed granted only if it has been approved in writing by a duly authorized representative of Purchaser and expressly approving the modification to the Performance Specifications. Each such waiver or deviation approved by Purchaser shall be deemed an amendment to the Performance Specification for such Satellite or Space Segment, permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such Satellite or Space Segment. Purchaser shall consider each waiver or deviation request in good faith.
Waivers and Deviations. If, during the execution of the Contract, the Contractor desires to depart from the requirements in the Contract for a specific item or a limited number of items, a Request for Deviation/Waiver (RDW) shall be submitted. Such requests shall comply with the definition of Deviations and Waivers specified herein below. An RDW shall contain at least the information defined as follows:
1. A unique RDW reference number 2. Title or subject of RDW 3. Affected equipment item name 4. Affected equipment item part number 5. Affected requirement at all levels under Contractor responsibility 6. Description of the waiver or deviation requested 7. Purpose or justification for request 8. Date of issue; and 9. Schedule impact, if any. Waiver and deviation are defined in Exhibit C.
Waivers and Deviations. Waivers of or deviations from the requirements of this Contract, including Exhibit A (Statement of Work), Exhibit B (Satellite and Common Subsystem Technical Specification), Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification), Exhibit D (Satellite Test Plan), Exhibit B5 (Ground Products Technical Specification and Test Plan) and Exhibit H (Ground Control Equipment Upgrade), as applicable to any Deliverable Item subject to Acceptance inspection pursuant to this Article 9 (Acceptance Inspection For Deliverable Items Other Than Satellite), shall be addressed as set forth in Article 7.4 (Waivers and Deviations).
Waivers and Deviations. Prior to applying for waivers/deviations, the District will notify GRACEN bargaining unit members whose jobs will be affected will likewise be notified and will have the opportunity to be present during the planning process in order to be informed. Upon request, the District will provide the Association with a copy of the waiver/deviation form used to support the necessity or rationale of the request(s), i.e., inadequacy of resources/funds to address full compliance.
Waivers and Deviations. Any Non-Conformances prior to Intentional Ignition (or in the case of a Terminated Ignition, prior to Launch) shall require Customer approval. Boeing shall first on a Reasonable Efforts basis, seek to remedy such Non-Conformance by reworking, repairing or replacing such portion of the Work that is Non-Conforming. If Boeing is unable to repair, replace or fix such portion of the Work as required under this Article 7.4 (Waivers and Deviations), then Boeing shall promptly issue to Customer, a corresponding written waiver request, which shall include appropriate detail and description regarding the reasons for such requested waiver. Customer shall consider all Boeing waiver requests in good faith, and to the extent such waiver request does not result in a material degradation of the Satellite’s capabilities or performance requirements, then Customer shall not unreasonably withhold or delay its grant of Boeing’s requested waiver (such waiver grant by Customer, a “Customer Waiver”). Customer shall render a decision on any requested waivers by Boeing within five (5) Business Days. A Customer Waiver shall be deemed granted only if it has been approved in writing by a duly authorized representative of Customer. Each Customer Waiver shall be deemed an amendment to the Satellite Performance Specification or to the applicable provision or Exhibit of this Contract for other Deliverable Items permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such Satellite or Deliverable Item. In the event that the waiver or deviation would result in any material impact to the intended use of the Satellite, Customer and Boeing shall negotiate in good faith an equitable adjustment to the Firm Fixed Price. Waivers or deviations are not required for launched satellites, and Customer’s sole and exclusive remedy for non-compliance after Intentional Ignition shall be pursuant to Article 11 (Orbital Performance Incentives) in which satellite performance shall be measured against the waived specification.
Waivers and Deviations. Contractor shall submit to Purchaser any request for a waiver of, or deviation from, provisions(s) of the Performance Specification applicable to the Satellite or Deliverable Item. A request for waiver or deviation shall be deemed granted only if it has been approved in writing by a duly authorized representative of Purchaser. Each such waiver or deviation approved by Purchaser shall be deemed an amendment to the Performance Specification for the Satellite or Deliverable Item, permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for the Satellite or Deliverable Item. Purchaser shall consider each waiver or deviation request in good faith and shall not unreasonably withhold its consent to any such request.
Waivers and Deviations. Prior to applying for waivers/deviations, the District will notify KISSA bargaining unit members whose jobs will be affected will likewise be notified and will have the opportunity to be present during the planning process in order to be informed. Upon request, the District will provide the Association with a copy of the waiver/deviation form used to support the necessity or rationale of the request(s), i.e., inadequacy of resources/funds to address full compliance.
Waivers and Deviations. Contractor shall submit to Aireon, or Aireon may propose to Contractor, any request for a waiver of, or deviation from, provision(s) of the [***]. Aireon shall consider each such request in good faith in accordance with industry standard practices. A request for waiver or deviation shall be deemed granted only if it has been approved in writing by Aireon. Each such waiver or deviation approved by Aireon shall be deemed an amendment to the applicable [***] only with respect to such specified [***], permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such [***] or [***]. In the event that Aireon approves any waiver or deviation that has an impact or is reasonably expected to have an impact on the [***], Aireon shall be entitled to [***] with respect to such waiver to be negotiated in good faith by the Parties. *** Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 20
Waivers and Deviations. Waivers of or deviations from the requirements of this Contract, including the Statement of Work or System Performance Specification applicable to any Deliverable Item subject to the Acceptance inspection pursuant to this Article 11 shall be addressed as set forth in Article 9.1.4.
