AVAILABLE Clause Samples
The "AVAILABLE" clause defines the conditions under which a product, service, or resource is considered accessible or ready for use by one or more parties. Typically, this clause outlines specific criteria such as timeframes, operational status, or required approvals that must be met for availability to be recognized. For example, it may specify that a service is available only during business hours or when certain technical standards are met. The core function of this clause is to set clear expectations and boundaries regarding access, thereby preventing misunderstandings and disputes about when and how something can be used.
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AVAILABLE. Following the Incident Command System protocols, the status of a fire fighting resource that indicates its availability for assignment on an incident. BACKFILLING: The act of providing cover staffing at the station or administrative site that has been vacated by the resources provided to the incident BOUNDARY FIRE: A fire burning on or directly adjacent to the Direct Protection Boundary between the Department and the Forest Service.
AVAILABLE. The legend set forth above shall be removed by the Corporation from any certificate evidencing the Common Shares issuable upon exercise of the Warrants only (i) upon receipt by the Corporation of an opinion in form and substance satisfactory to the Corporation that such legend may be removed pursuant to Rule 144 promulgated under the 1933 Act, (ii) upon confirmation that a registration statement under the 1933 Act is at that time in effect with respect to such Common Shares and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Common Shares were issued.
AVAILABLE. The term “available”, when used with respect to conduit or duct space or pole attachment space, refers to any usable space in such conduit or duct or on such pole not assigned to a specific provider at the applicable time.
AVAILABLE. When used with respect to pole, duct, conduit, and right-of-way space, the term “available” refers to space that is not occupied or assigned. In conduit systems owned or controlled by SWBT, maintenance ducts will not be considered “available” for assignment. All other unassigned ducts, inner ducts, sub-ducts, and partitioned conduits in a conduit system owned or controlled by SWBT will be deemed available for assignment.
AVAILABLE. Upon procuring agency request and proper coordination with the HP Account Manager, HP may offer an additional discount or technology fee based on the agency request over the volume price for "Bulk Buy Purchases" for HP product categories offered (excludes Chromebook/Smart Buys/Promotions/Specials) of HP-branded products during a pre-selected time period (60-90 days). For example, if a procuring entity decides to do a one-time “Bulk Buy” for the purchase of 5,000 select configuration(s), the agency could qualify for a one-time additional discount or technology fee as mutually agreed and negotiated with that specific procuring entity.
AVAILABLE. The legend set forth above shall be removed by the Company from any certificate evidencing any of the Securities only (i) upon receipt by the Company of an opinion in form and substance satisfactory to the Company that such legend may be removed pursuant to Rule 144 promulgated under the Securities Act, or (ii) upon confirmation that a registration statement under the Securities Act is at that time in effect with respect to the legended Security and that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Security was issued.
AVAILABLE. (a) Available‖ is defined as a requirement that an employee, during off-duty hours, leave word at home or with the employer where the employee may be reached. Such employee is not subject to any other restriction specified under Sections 1 or 2 and is neither ―on call‖ nor on ―standby‖ and shall not receive additional compensation therefore.
(b) Any employee who is requested by the State to be on Available Status shall not be restricted in his/her movements within any geographic radius of his/her workplace, nor suffer any other restriction beyond leaving word at home or with the employer where s/he may be reached.
(c) If determined by the State that it must activate an employee on Available Status for duty, such duty shall be appropriately compensated under the terms of this Agreement and shall be considered to be ―overtime work‖ for equitable distribution of overtime purposes.
(d) An employee who is asked to be on Available Status shall be entitled to exclude himself/herself from overtime consideration in accordance with the Overtime Article, Section 2(c).
AVAILABLE. The term Available, when used with respect to Conduit or Duct space or Poles, refers to any usable space in such Conduit or Duct or on such Pole not assigned to a specific provider at the applicable time.
AVAILABLE. 1.1 The IT Environment and/or the Services shall be Available when:
(a) End Users are able to access and utilise all the functions of the Supplier System and/or the Services; and
(b) the Supplier System is able to process the Authority Data and to provide any required reports within the timescales set out in the Services Description (as measured on a 24 x 7 basis); and
(c) all Performance Indicators other than Service Availability are above the KPI Service Threshold.
AVAILABLE. The legend set forth above shall be removed by the Corporation from any certificate evidencing the Common Shares issuable upon exercise of the Warrants only (i) upon receipt by the Corporation of an opinion in form and substance satisfactory to the Corporation that such legend may be removed pursuant to Rule 144 promulgated under the 1933 Act, (ii) upon confirmation that a registration statement under the 1933 Act is at that time in effect with respect to such Common Shares, that such transfer will not jeopardize the exemption or exemptions from registration pursuant to which the respective Common Shares were issued and that the Holder will comply with the prospectus delivery requirements in connection with any re-sale of the respective Common Shares.