Expert Evaluation Sample Clauses

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Expert Evaluation. (a) The Parties will agree upon and select an independent Third Party expert who is neutral, disinterested and impartial, and who has significant relevant experience in the commercialization of pharmaceutical products (the “Expert”). If the Parties are unable to promptly agree upon an Expert, then upon request by either Party, the Expert will be appointed by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (or any successor entity thereto). The date on which such Expert is selected will be the “Expert Evaluation Commencement Date.” Within [***] after the Expert Evaluation Commencement Date, each Party will prepare and deliver to the Expert and the other Party (a) its proposed terms to expand the Field to encompass the Competing Field and (b) a memorandum (the “Supporting Memorandum”) in support thereof. The Parties will also provide the Expert with a copy of this Agreement. Within [***] after receipt of the other Party’s proposed terms and Supporting Memorandum, each Party may submit to the Expert (with a copy to the other Party) a rebuttal to the other Party’s Supporting Memorandum (a “Rebuttal”), which may include a revision, marked to show changes, of either Party’s proposed terms. Neither Party may have ex parte communications (either written or oral) with the Expert other than for the sole purpose of selecting the Expert or as expressly permitted under this Section 7.2.2. (b) Within [***] after the Expert’s receipt of each Party’s Rebuttal (or the expiration of the period for the Parties to submit a Rebuttal), the Expert will select, between the proposals provided by the Parties, the proposal that the Expert believes most accurately reflects an equitable result for the Parties (the “Selected Proposal”). The Expert will not have the authority to modify a proposal submitted by a Party. (c) The Expert will have reasonable discretion to request additional information, hold a hearing, and extend the time frame for reaching a decision regarding the Parties’ competing proposals, to the extent not inconsistent with this Section 7.2.2. The Expert’s fees and expenses will be paid by the Party whose proposal is not selected by the Expert. Each Party will bear and pay its own expenses incurred in connection with any proceedings under this Section 7.2.2. (d) Praxis will have [***] following receipt of the Selected Proposal to accept the Selected Proposal by sending written notice to Ionis in accordance with Section 17.7. If Praxis fails to accept the...
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Expert Evaluation. Each Party and each Opt-In Participant acknowledges it is experienced in or had the opportunity to consult with experts who are experienced in wholesale and retail electric and gas commodity, risk management and other transactions and possesses the knowledge, experience and sophistication to allow it to fully evaluate and accept the merits and risks of entering into the transactions contemplated by this Agreement or accepting the benefits of this Settlement; and
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Expert Evaluation. The Contractor has evaluated, as an expert, all factors and data that may be deemed to affect the execution of the Project in compliance with the provisions of this Contract, including, inter alia: (i) the Site and its surroundings; (ii) financial aspects and risks; (iii) technical aspects and risks; (iv) construction aspects and risks; (v) interaction with any other contractors; and (vi) any other risk involved therein, and such other conditions that may reasonably be expected to affect the construction, progress or completion of the Project in accordance with this Contract. Pursuant to its evaluation, the Contractor has reasonable grounds to believe and does believe that the performance of its obligations in accordance with the provisions of this Contract is feasible and practicable, and that it possesses all required qualification and ability to this end.
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Expert Evaluation. The Concessionaire has evaluated, as an expert, all factors and data that may be deemed to affect the execution of the Project in compliance with the provisions of this Concession Agreement, including, inter alia: (i) the Site and its surroundings; (ii) financing aspects and risks; (iii) technical aspects and risks; (iv) design and construction aspects and risks; (v) Operation and Maintenance aspects and risks; and (vi) any other risk involved therein, and such other conditions that may reasonably be expected to affect the Implementation, progress or completion of the Project or the Operation of the Project in accordance with this Concession Agreement. Pursuant to its evaluation, the Concessionaire has reasonable grounds for believing and does believe that the performance of its obligations in accordance with the provisions of this Concession Agreement is feasible and practicable. Without derogating from the generality of the foregoing the Concessionaire has fully and independently reviewed, examined and evaluated, as an expert, the data provided by the Sate within the Contract Documents regarding the geotechnical conditions at the Site and its surroundings and regarding other ground conditions, which may be relevant to the Project, and shall be responsible for the Implementation, Operation and Maintenance of the Project, according to the geotechnical conditions and any other ground conditions actually found in the Site, in accordance with the Concession Agreement, unless such responsibility, is specifically and expressly limited in the Concession Agreement, and to the extent limited. The Concessionaire has examined and evaluated, as an expert, the condition of the Existing Road Sections, and all data and information provided with respect therewith and which may be deemed to affect the performance of the Concessionaire's obligations with respect to the Operation and Maintenance and upgrading thereof, and any other obligation the Concessionaire undertook with respect thereto. Pursuant to such examination and evaluation, the Concessionaire has reasonable grounds for believing and does believe that the performance of its obligations in accordance with the provisions of this Concession Agreement is feasible and practicable.
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Related to Expert Evaluation

  • Final Evaluation IC must submit a final report and a project evaluation to the Arts Commission within thirty (30) days after the completion of the Services. Any and all unexpended funds from IC must be returned to City no later than sixty (60) days after the completion of the Services.

  • JOC EVALUATION If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the markup percentage on those materials? When answering this question please insert the number that represents your percentage of proposed markup. Example: if you are proposing a 30 percent markup, please insert the number "30". Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer when pricing the project, but not a greater percentage. EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy the materials and ▇▇▇▇ them up to the TIPS Member customer by the percentage you propose in this question. If the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30 percent, then you would charge the TIPS Member customer $130 for the materials. TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure to agree shall render your response void and it will not be considered. Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, guarantee the fee remittance by or for the reseller named by the vendor?

  • Program Evaluation The School District and the College will develop a plan for the evaluation of the Dual Credit program to be completed each year. The evaluation will include, but is not limited to, disaggregated attendance and retention rates, GPA of high-school-credit-only courses and college courses, satisfactory progress in college courses, state assessment results, SAT/ACT, as applicable, TSIA readiness by grade level, and adequate progress toward the college-readiness of the students in the program. The School District commits to collecting longitudinal data as specified by the College, and making data and performance outcomes available to the College upon request. HB 1638 and SACSCOC require the collection of data points to be longitudinally captured by the School District, in collaboration with the College, will include, at minimum: student enrollment, GPA, retention, persistence, completion, transfer and scholarships. School District will provide parent contact and demographic information to the College upon request for targeted marketing of degree completion or workforce development information to parents of Students. School District agrees to obtain valid FERPA releases drafted to support the supply of such data if deemed required by counsel to either School District or the College. The College conducts and reports regular and ongoing evaluations of the Dual Credit program effectiveness and uses the results for continuous improvement.

  • Self-Evaluation Each regular faculty member shall provide a self-evaluation. It shall address, among other items, the faculty member's fulfillment of professional responsibilities as referenced in Section 18.2.3 and an assessment of his or her own performance. The faculty member will share the self-evaluation with the Faculty Evaluation Committee and the first-level manager or designee. The self-evaluation will become part of the evaluation report.

  • Annual Evaluation The Partnership will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format as specified in Appendix C of OSHA Instruction CSP ▇▇-▇▇-▇▇▇, OSHA Strategic Partnership Program for Worker Safety and Health. The Choate Team will be responsible for gathering required participant data to evaluate and track the overall results and success of the Partnership. This data will be shared with OSHA. OSHA will be responsible for writing and submitting the annual evaluation.