Xxxxxx and Timing of Designations Sample Clauses

Xxxxxx and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY CONFIDENTIAL” (herein after “HIGHLY CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party identify the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protecte...
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Xxxxxx and Timing of Designations. Except as otherwise provided in 7 this agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, disclosure or discovery material that qualifies for protection 9 under this agreement must be clearly so designated before or when that material is 10 disclosed or produced. 11 (a) Information in documentary form: (e.g., paper or electronic 12 documents and deposition exhibits, but excluding transcripts of depositions or other 13 pretrial or trial proceedings), the designating party must affix the word 14 “CONFIDENTIAL” to each page that contains confidential material. If only a 15 portion or portions of the material on a page qualifies for protection, the producing 16 party also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins). 18 (b) Testimony given in deposition or in other pretrial or trial 19 proceedings: the parties must identify on the record, during the deposition, hearing, 20 or other proceeding, all protected testimony, without prejudice to their right to so 21 designate other testimony after reviewing the transcript. Any party or non-party 22 may, within fifteen days after receiving a deposition transcript, designate portions of 23 the transcript, or exhibits thereto, as confidential. If a party or non-party desires to 24 protect confidential information at trial, the issue should be addressed during the pre- 25 trial conference.
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Xxxxxx and Timing of Designations. Except as otherwise provided in this 15 agreement (see, e.g., section 5.3(a) below), or as otherwise stipulated or ordered, 16 disclosure or discovery material that qualifies for protection under this agreement must be clearly so designated before or when the material is disclosed or produced. Designation must meet the following guidelines: 20 (a) Information in documentary form: (e.g., paper or electronic documents and 21 deposition exhibits, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), the designating party must affix the word “CONFIDENTIAL” or to 23 each page that contains confidential material. If only a portion or portions of the 1 material on a page qualifies for protection, the producing party also must clearly 2 identify the protected portion(s) (e.g., by making appropriate markings in the margins);
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Xxxxxx and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of 3 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 4 Material that qualifies for protection under this Order must be clearly so designated 5 before the material is disclosed or produced. 6 Designation in conformity with this Order requires:
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Xxxxxx and Timing of Designations. Except as otherwise provided in this 23 Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 24 or ordered, Disclosure or Discovery Material that qualifies for protection under this Protective 25 Order must be clearly so designated before the material is disclosed or produced.
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Xxxxxx and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents or materials available for inspection need not 15 designate them for protection until after the inspecting Party has indicated which material it would 16 like copied and produced. During the inspection and before the designation, all of the material made 17 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 18 identified the documents it wants copied and produced, the Producing Party must determine which 19 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 20 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 21 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 23 appropriate markings in the margins).
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Xxxxxx and Timing of Designations. Except as otherwise 2 provided in this Order, or as otherwise stipulated or ordered, material that qualifies 3 for protection under this Order must be clearly so designated before the material is 4 disclosed or produced or in the case of the Receiving Party within 30 days of receipt 5 of the material. 6 Designation in conformity with this Order requires: 7 a. For information in documentary form (apart from 8 transcripts of depositions or other pretrial or trial proceedings), that the Producing 9 Party (or Receiving Party where applicable) affix the legend “CONFIDENTIAL” or
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Xxxxxx and Timing of Designations. Except as otherwise provided in 12 this agreement (see, e.g., second paragraph of section 5.2(b) below), or as otherwise 13 stipulated or ordered, disclosure or discovery material that qualifies for protection 14 under this agreement must be clearly so designated before or when the material is 15 disclosed or produced. 16 (a) Information in documentary form: (e.g., paper or electronic 17 documents and deposition exhibits, but excluding transcripts of depositions or 18 other pretrial or trial proceedings), the designating party must affix the word
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Xxxxxx and Timing of Designations. Except as otherwise provided in 8 this agreement, or as otherwise stipulated or ordered, disclosure or discovery 9 material that qualifies for protection under this agreement must be clearly so 10 designated before or when the material is disclosed or produced. 11 (a) Information in documentary form: (e.g., paper or electronic 12 documents and deposition exhibits, but excluding transcripts of depositions or 13 other pretrial or trial proceedings), the designating party must affix the word 14 “CONFIDENTIAL” to each page that contains confidential material. If only a 15 portion or portions of the material on a page qualifies for protection, the producing 16 party also must clearly identify the protected portion(s) (e.g., by making 17 appropriate markings in the margins). 18 (b) Testimony given in deposition or in other pretrial or trial 19 proceedings: the parties must identify on the record, during the deposition, hearing, 20 or other proceeding, all protected testimony, without prejudice to their right to so 1 designate other testimony after reviewing the transcript. Any party or non-party 2 may, within fifteen days after receiving a deposition transcript, designate portions 3 of the transcript, or exhibits thereto, as confidential.
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Related to Xxxxxx and Timing of Designations

  • Effect of Designation (i) If notice designating an Early Termination Date is given under Section 6(a) or (b), the Early Termination Date will occur on the date so designated, whether or not the relevant Event of Default or Termination Event is then continuing. (ii) Upon the occurrence or effective designation of an Early Termination Date, no further payments or deliveries under Section 2(a)(i) or 2(e) in respect of the Terminated Transactions will be required to be made, but without prejudice to the other provisions of this Agreement. The amount, if any, payable in respect of an Early Termination Date shall be determined pursuant to Section 6(e).

  • Certificate of Designation The Certificate of Designation shall have been duly filed with the Secretary of State of the State of Delaware.

  • Certificate of Designations The Certificate of Designations shall have been filed with the Secretary of State of the State of Delaware.

  • Release of Design Plan The Engineer (1) will not release any roadway design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the State’s ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the State.

  • Filing of Certificate of Designation The Certificate of Designation shall have been filed with the Secretary of State of the State of Delaware.

  • If Designated If the HSP is Designated it will: (a) apply the principles of Active Offer in the provision of services; (b) continue to provide services to the public in French in accordance with the provisions of the FLSA; (c) maintain its French language services capacity; (d) submit a French language implementation report to the Funder on the date specified by the Funder, and thereafter, on each anniversary of that date, or on such other dates as the Funder may, by Notice, require; and (e) collect and submit to the Funder as requested by the Funder from time to time, French language services data.

  • Accuracy of Descriptions and Exhibits The information in the Pre-Pricing Prospectus and the Prospectus under the captions “Risk Factors—Tax Risks,” “Cash Distribution Policy and Restrictions on Distributions,” “Provisions of Our Partnership Agreement Relating to Cash Distributions,” “Business—Regulation of Operations,” “Business—Regulation of Environmental and Occupational Safety and Health Matters,” “Business—Legal Proceedings,” “Management,” “Certain Relationships and Related Party Transactions,” “Conflicts of Interest and Duties,” “Description of Our Common Units,” “Our Partnership Agreement” and “Material Federal Income Tax Consequences,” and the information in the Registration Statement under Items 14 and 15 of Part II, in each case to the extent that it constitutes summaries of statutes, rules or regulations, summaries of legal or governmental proceedings, summaries of provisions of the Amended and Restated Partnership Agreement, or summaries of the terms of the contracts and other documents described and filed, is correct in all material respects; and there are no franchises, contracts, indentures, mortgages, deeds of trust, loan or credit agreements, bonds, notes, debentures, evidences of indebtedness, leases or other instruments, agreements or documents that are required, under the 1933 Act and the 1933 Act Regulations, (i) to be described in the Registration Statement, the General Disclosure Package or the Prospectus or (ii) to be filed as exhibits to the Registration Statement, which have not been so described or filed as required under the 1933 Act and the 1933 Act Regulations. To the CONE Entities’ knowledge, no other party to any such contract or other document has any intention not to render full performance as contemplated by the terms thereof.

  • Accuracy of Descriptions The statements made in the Registration Statement, the General Disclosure Package and the Prospectus (including in each case, the documents incorporated by reference therein) under the captions “Description of Capital Shares” and “Certain Provisions of New York Law and Our Certificate of Incorporation,” insofar as they purport to constitute a summary of the terms of the Company’s common shares, under the caption “Description of the Notes,” insofar as it purports to constitute a summary of the terms of the Securities, and under the captions “Prospectus Supplement Summary— Company Overview; -- Distribution Policy; - Restrictions Relating to Our Common Shares; - Emerging Growth Company Status and The Offering,” “Risk Factors,” “Dividends and Distribution Policy,” “Description of Common Shares,” “Certain Provisions of New York Law and our Certificate of Incorporation and Bylaws,” and “Certain U.S. Federal Income Tax Considerations” insofar as such statements constitute summaries of the terms of statutes, rules or regulations, legal matters or governmental proceedings or agreements, contracts and other documents, are accurate and fair summaries of the terms of such statutes, rules or regulations, legal matters or governmental proceedings or agreements, contracts and other documents in all material respects. All agreements between the Company or any of its Subsidiaries and any other party expressly referenced in the Registration Statement, the General Disclosure Package and the Prospectus are legal, valid and binding obligations of the Company or such Subsidiary, as applicable, enforceable against the Company or such Subsidiaries, as applicable, as appropriate, in accordance with their respective terms, except to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent transfer, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and, with respect to equitable relief, the discretion of the court before which any proceeding therefor may be brought (regardless of whether enforcement is sought in a proceeding at law or in equity) and, with respect to any indemnification provisions contained therein, except as rights under those provisions may be limited by applicable law or policies underlying such law. The Company’s operating policies, investment guidelines and other policies described in the Registration Statement, General Disclosure Package and Prospectus accurately reflect in all material respects the current intentions of the Company with respect to the operation of its business, and no material deviation from such guidelines or policies is currently contemplated.

  • Series Designation The Series Designation establishing a Series may: (i) specify a name or names under which the business and affairs of such Series may be conducted; (ii) designate, fix and determine the relative rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests of such Series and the Members associated therewith (to the extent such terms differ from those set forth in this Agreement) and (iii) designate or authorize the designation of specific Officers to be associated with such Series. A Series Designation (or any resolution of the Managing Member amending any Series Designation) shall be effective when a duly executed original of the same is included by the Managing Member among the permanent records of the Company, and shall be annexed to, and constitute part of, this Agreement (it being understood and agreed that, upon such effective date, the Series described in such Series Designation shall be deemed to have been established and the Interests of such Series shall be deemed to have been authorized in accordance with the provisions thereof). The Series Designation establishing a Series may set forth specific provisions governing the rights of such Series against a Member associated with such Series who fails to comply with the applicable provisions of this Agreement (including, for the avoidance of doubt, the applicable provisions of such Series Designation). In the event of a conflict between the terms and conditions of this Agreement and a Series Designation, the terms and conditions of the Series Designation shall prevail.

  • Establishment and Designation of Shares The Series and classes of Shares existing as of the date of this Declaration of Trust are those Series and classes that have been established under the Prior Declaration of Trust and not heretofore terminated which are indicated on Schedule A attached hereto and made a part hereof ("Schedule A"). The establishment of any additional Series (or class) of Shares shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series (or class), whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series (or class) including any registration statement of the Trust or such Series (or class), any amendment and/or restatement of this Declaration of Trust and/or Schedule A or as otherwise provided in such resolution. Upon the establishment of any additional Series (or class) of Shares or the termination of any existing Series (or class) of Shares, Schedule A shall be amended to reflect the addition or termination of such Series (or class) and any officer of the Trust is hereby authorized to make such amendment; provided that amendment of Schedule A shall not be a condition precedent to the establishment or termination of any Series (or class) in accordance with this Declaration of Trust. The relative rights and preferences of the Shares of the Trust and each Series and each class thereof shall be as set forth herein and as set forth in any registration statement relating thereto, unless otherwise provided in the resolution establishing such Series or class. Shares of each Series (or class) established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series (or class) or in any registration statement relating thereto, shall have the following relative rights and preferences:

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