Determination by the Authority Clause Samples

Determination by the Authority sEngineer (i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supportingparticulars.
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Determination by the Authority. After the Authority has received the Supplier's Itemised Proposal it may accept (in whole or in part) or reject the Itemised Proposal.
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Determination by the Authority. Subject to :- 7.3.1 the Authority giving at least thirty days’ notice in writing to the Licensee of its intention so to do; and 7.3.2 where the rights or interest of the Licensee under this Licence or the benefit of this Licence have been charged by way of a permitted bona fide charge to a third party of which notice has been given to the Authority in accordance with Clause 3.10.3, the Authority giving at least thirty days’ notice in writing to the chargee (at the last address of the chargee notified to the Authority in writing) of its intention so to do; in each case referring to the breaches on which reliance is placed, and without prejudice to any other right, remedy or power contained in this Licence or otherwise available to the Authority; 7.3.3 if there shall be a material breach of any of the Conditions; or 7.3.4 if the Licensee does not commence to exercise the rights granted by this Licence within such period (if any) as may be required by Clause 3.3.2; or 7.3.5 if at any time after the expiry of six months from the date of this Licence it appears to the Authority, acting reasonably, that the Licensee is not demonstrating an intention to exercise (in more than token fashion) or to continue so to exercise, the right granted by Clause 2.1 or where such right has been so exercised is not proceeding with reasonable diligence to seek all necessary permissions and to take such other steps as may be necessary for the subsequent mining of any viable reserves of coal within the Licence Area; then, and in any such case, the Authority may at any time thereafter, and subject to Clause 7.4 and Clause 7.5, determine this Licence by further notice to the Licensee. (Where the matter so identified is not capable of remedy, the first notice given by the Authority pursuant to this Clause shall be sufficient to determine the Licence).
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Related to Determination by the Authority

  • Indemnification by the Administrator The Administrator shall indemnify each Series and hold it harmless from and against any and all losses, damages and expenses, including reasonable attorneys' fees and expenses, incurred by such Series which result from: (i) the Administrator's failure to comply with the terms of this Agreement with respect to such Series; or (ii) the Administrator's lack of good faith in performing its obligations hereunder with respect to such Series; or (iii) the Administrator's negligence or misconduct or that of its employees, agents or contractors in connection herewith with respect to such Series. A Series shall not be entitled to such indemnification in respect of actions or omissions constituting negligence or misconduct on the part of that Series or its employees, agents or contractors other than the Administrator unless such negligence or misconduct results from or is accompanied by negligence or misconduct on the part of the Administrator, any affiliated person of the Administrator, or any affiliated person of an affiliated person of the Administrator. Before confessing any claim against it which may be subject to indemnification hereunder, a Series shall give the Administrator reasonable opportunity to defend against such claim in its own name or in the name of the Trust on behalf of such Series.

  • Action by the Board (a) Meetings of the Board may be called by any Manager upon two (2) days prior written notice to each Manager. The presence of a majority of the Managers then in office shall constitute a quorum at any meeting of the Board. All actions of the Board shall require the affirmative vote of a majority of the Managers then in office. (b) Meetings of the Board may be conducted in person or by conference telephone facilities. Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if such number of Managers sufficient to approve such action pursuant to the terms of this Agreement consent thereto in writing. Notice of any meeting may be waived by any Manager.

  • Termination by the HSP (a) The HSP may terminate this Agreement at any time, for any reason, upon giving 6 months’ Notice (or such shorter period as may be agreed by the HSP and the Funder) to the Funder provided that the Notice is accompanied by: satisfactory evidence that the HSP has taken all necessary actions to authorize the termination of this Agreement; and a Transition Plan, acceptable to the Funder, that indicates how the needs of the HSP’s clients will be met following the termination and how the transition of the clients to new service providers will be effected within the six-month Notice period. (b) In the event that the HSP fails to provide an acceptable Transition Plan, the Funder may reduce Funding payable to the HSP prior to termination of this Agreement to compensate the Funder for transition costs.

  • Determination by the Reviewing Party If the Company reasonably believes that it is not obligated under this Agreement to indemnify the Indemnitee, the Company shall, within 10 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses, notify the Indemnitee that the request for advancement of Expenses or reimbursement of Expenses will be submitted to the Reviewing Party (as hereinafter defined). The Reviewing Party shall make a determination on the request within 30 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses. Notwithstanding anything foregoing to the contrary, in the event the Reviewing Party informs the Company that Indemnitee is not entitled to indemnification in connection with a Proceeding under this Agreement or applicable law, the Company shall be entitled to be reimbursed by Indemnitee for all the Expenses previously advanced or otherwise paid to Indemnitee in connection with such Proceeding; provided, however, that Indemnitee may bring a suit to enforce his/her indemnification right in accordance with Section C.3 below.