Deemed New Contract definition

Deemed New Contract means an agreement on the same terms and conditions as this Contract, as at the Termination Date, but with the following amendments:
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Deemed New Contract means an agreement on the same terms and conditions as this Contract as at the Termination Date, but with the following amendments:
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Deemed New Contract an agreement on the same terms and conditions
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More Definitions of Deemed New Contract

Deemed New Contract means an agreement on the same terms and conditions as this Contract as at the Termination Date, but with the following amendments: if this Contract is terminated prior to the Services Commencement Date, then the Services Commencement Date shall be extended by such period as would have been granted to allow a New Contractor82 to achieve the issue of the Acceptance Certificate; any accrued [performance points and/or warning notices] shall, for the purposes of termination only, and without prejudice to the rights of the Authority to make financial deductions, be cancelled;83 the term of such agreement shall be for a period equal to the term from the Termination Date84 to the Expiry Date; and in the event that any New Contractor Rectification Works are required (in relation to a Facility that has, at the Termination Date, had an Acceptance Test Certificate issued) to enable the New Contractor to provide the Services to the full specification and standards required by this Contract then provided that the New Contractor complies with the New Contractor Rectification Plan the Authority shall not exercise its rights to terminate the Contract under Clause 67 (Termination for Contractor Default) by reason of any failure to achieve some or all of the specification and/or standards required by this Contract during the New Contractor Rectification Period solely as a consequence of the New Contractor Rectification Works being required. Such provision shall for the avoidance of doubt not affect the Authority’s entitlement to make adjustments and/or deductions in accordance with Schedule Part 4 (Payment Mechanism) as a result of failure to achieve the specification and/or standards required by this Contract during the New Contractor Rectification Period;85 Estimated Fair Value of the Contract means the amount determined in accordance with paragraph 3 (No Retendering Procedure) of Part 3 (Compensation on Termination for Contractor Default) that a third party would pay to the Authority as the market value of the Deemed New Contract;
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Deemed New Contract has the meaning given to it in Clause 43 (Definitions);
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Deemed New Contract an agreement on the same terms and conditions as this Agreement, as at the Termination Date, but with the following amendments:
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Deemed New Contract an agreement on the same terms and conditions as this Agreement as at the Termination Date, but with the following amendments: (a) if this Agreement is terminated prior to a Service Availability Date, then the relevant Target Service Availability Date [s] shall be extended by such period as would have been granted to allow a New Contractor (had one been appointed) to achieve completion of the Works [at the School [s] in question]; (b) any accrued Performance Points shall be cancelled; and (c) the term of such agreement shall be for such period as is equal to the term from the Termination Date to the Expiry Date
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Deemed New Contract means an agreement on the same terms and conditions as this Project Agreement, as at the Termination Date, but with the following amendments: if this Project Agreement is terminated prior to the Service Commencement Date, then the Service Commencement Date will be extended by a period to allow a New Contractor to achieve Service Commencement; any accrued Performance Points will be cancelled; and the term of such agreement will be for a period equal to the term from the Termination Date to the Expiry Date;
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Related to Deemed New Contract

  • Award of Contract means the decision of the Purchaser to enter into a Contract with the Supplier for supply and delivery of the specified Goods, including any Related Services.

  • Deemed Contract means a contract which is deemed to have automatically been formed when we supply gas or electricity to your property where you have not actively agreed to a new supply of gas and/or electricity from us;

  • Appraisal assignment means an engagement for which an

  • Proposed Contract means the agreement including any other terms and conditions contained in or referred to in this RFP that may be executed between the DBSA and the successful Bidder.

  • Notice of Award of Contract / „Letter of Award‟ shall mean the official notice issued by the Owner notifying the Contractor that his bid has been accepted.

  • Major Contract means (i) any management agreement relating to the Properties or the Loan Parties, (ii) any agreement between any Loan Party and any Affiliate of any Relevant Party and (iii) any brokerage, leasing, cleaning, maintenance, service or other contract or agreement of any kind (other than Leases) relating to the Properties, in each case involving payment or expense of more than One Million and No/100 Dollars ($1,000,000) during any twelve (12) month period, unless cancelable on thirty (30) days or less notice without requiring payment of termination fees or payments of any kind.

  • Loss of Stock Borrow means that the Issuer and/or any Affiliate is unable, after using all commercially reasonable efforts, to borrow (or maintain a borrowing of) any Underlying in an amount equal to the Hedging Shares at a rate equal to or less than the Maximum Stock Loan Rate.

  • Additional Cut-Off Date means (a) with respect to Lump Addition Accounts or Participation Interests, the date specified as such in the notice delivered with respect thereto pursuant to Section 2.09(d) and (b) with respect to New Accounts, the date on which such New Accounts are originated.

  • Effective Date of Contract means the date established in the Contract for the Contractor’s work to begin, or the date the Contract has been fully executed and received all required approvals, whichever date is later.

  • sub-contract means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract;

  • Automatic tabulating equipment means apparatus that automatically examines

  • Term Contract means the legally enforceable term contract, as defined in section 287.012, F.S., between the Department and Contractor to which these Enterprise Standard Terms and Conditions apply, including all Attachments thereto. The Term Contract is either a State Term Contract or an Enterprise Alternate Contract Source.

  • Date of Contract means the date on which notification of award of contract/letter of award/telex award has been issued.

  • CFD Contract or "CFD" shall mean a contract which is a contract for difference by reference to fluctuations in the price of the relevant security or index;

  • Qualified Contract A Contract that qualifies under the Code as an individual retirement annuity (“IRA”) or a Contract purchased under a Qualified Plan that qualifies for special tax treatment under the Code. Qualified Plan — A retirement plan that receives favorable tax treatment under Section 401, 403, 408, 408A or 457 of the Code. SEC — Securities and Exchange Commission.

  • Required Appraisal Loan As defined in Section 3.19(a).

  • Adjusted Net Mortgage Rate As to each Mortgage Loan and at any time, the per annum rate equal to the Mortgage Rate less the Expense Fee Rate.

  • Eligible Real Property means, as to any Borrower, Real Property owned by such Borrower in fee simple in each case which are acceptable to Agent in good faith based on the criteria set forth below. In general, Eligible Real Property shall not include: (i) Real Property which is not operated by a Borrower except as Agent may otherwise agree; (ii) Real Property subject to a security interest, lien, mortgage or other encumbrance in favor of any person other than Agent (and other than those permitted under Section 9.8(b), 9.8(c) or 9.8(d) hereof or are subject to an intercreditor agreement in form and substance satisfactory to Agent between the holder of such lien and Agent); (iii) Real Property that is not located in the continental United States of America; (iv) Real Property that is not subject to the valid and enforceable, first priority, perfected security interest, lien and mortgage of Agent; (v) Real Property where Agent determines that issues relating to compliance with Environmental Laws adversely affect such Real Property in such manner that such Real Property would not be acceptable for purposes of including it in the calculation of the Borrowing Base based on the customary practices, procedures and policies of Agent and its Affiliates; provided, that, if the Real Property is acceptable for such purposes in accordance with such practices, procedures and policies, subject to the satisfaction of the other conditions set forth herein and any requirements arising pursuant to such practices, procedures and policies, such Real Property will be considered Eligible Real Property but subject to the right of Agent to establish Reserves to reflect the adverse affect of any environmental conditions or events with respect thereto on its value or the ability of Agent to sell or otherwise realize on such Collateral; (vi) Real Property improved with residential housing; (vii) Real Property that is not subject to a then current final written appraisal by an appraiser reasonably acceptable to Agent (which shall be one of the appraisers selected by Agent from its list of approved appraisers), on which Agent and Lenders are expressly permitted to rely, and that is in form, scope and methodology reasonably satisfactory to Agent; (viii) if requested by Agent, Real Property for which Agent shall not have received a then current environmental audit conducted by an independent environmental engineering firm reasonably acceptable to Agent (based on Agent’s list of approved firms and in form, scope, substance and methodology reasonably satisfactory to Agent, the results of which are satisfactory to Agent; (ix) if requested by Agent, Real Property for which Agent shall not have received, in form and substance reasonably satisfactory to Agent, a valid and effective title insurance policy (whether in the form of a pro form policy or a marked up title policy commitment) issued by a company and agent reasonably acceptable to Agent: (A) insuring the priority, amount and sufficiency of the Mortgage with respect to such Real Property, (B) insuring against matters that would be disclosed by surveys and (C) containing any legally available endorsements, assurances or affirmative coverage requested by Agent for protection of its interests; and (x) any Real Property other than the Baldwyn Real Property, except as Agent may otherwise agree. Any Real Property that is not Eligible Real Property shall nevertheless be part of the Collateral.

  • New Contracts means binding new agreements or amendments to existing agreements with customers.

  • Eligible Property means property beneficially owned by a person or entity other than the Fund and held in a bank account maintained by BNYM for or on behalf of the Fund, or property held in a Fund shareholder account, which is (x) subject to reporting or escheat under an Unclaimed Property Law, (y) of a nature or type or classification reasonably related to the services performed by BNYM under this Agreement (such as cash amounts representing non-negotiated dividend checks and shares in abandoned shareholder accounts), and (z) under the control of BNYM.

  • Appraisal Well means a Well drilled pursuant to an Appraisal Programme.

  • Sale and Lease-Back Transaction means any arrangement providing for the leasing by the Company or any of its Restricted Subsidiaries of any real or tangible personal property, which property has been or is to be sold or transferred by the Company or such Restricted Subsidiary to a third Person in contemplation of such leasing.

  • Modified Net Mortgage Rate As to any Mortgage Loan that is the subject of a Servicing Modification, the Net Mortgage Rate minus the rate per annum by which the Mortgage Rate on such Mortgage Loan was reduced.

  • Control Appraisal Period shall exist with respect to the Mortgage Loan, if and for so long as:

  • Key Sub-Contract means each Sub-Contract with a Key Sub-Contractor;

  • Asset Pool 1 Supplement means the Asset Pool 1 Supplement dated as of October 9, 2002, by and between the Issuer and the Indenture Trustee, as amended and supplemented from time to time.