GROUNDS OF OBJECTION Clause Samples

GROUNDS OF OBJECTION. 3.1 The expression “raise comments” in this paragraph shall be construed to mean “raise comments or make objections” unless the contrary appears from the context. The Authority’s Representative may raise comments in relation to any Submitted Item on the grounds set out in paragraph [ ] above or on the grounds that the Submitted Item would (on the balance of probabilities) breach any Law or not be in accordance with any necessary consent but otherwise may raise comments in relation to a Submitted Item only as follows: 3.1.1 in relation to any Submitted Item: (A) the Contractor’s ability to perform its obligations under this Agreement would (on the balance of probabilities) be adversely affected by the implementation of the Submitted Item; or (B) the implementation of the Submitted Item would (on the balance of probabilities) be adversely affect any right of the Authority under this Agreement or its ability to enforce any such right; 3.1.2 in relation to any Submitted Item submitted pursuant to Clause 7.1: (A) the Authority's ability to perform its obligations under the Agreement would be adversely affected by the proposed course of action; (B) the Authority's ability to provide the Educational Services or to carry out any of its statutory functions would (on the balance of probabilities) be adversely affected by the proposed course of action; (C) the proposed course of action would likely to result in an increase to the Authority's liabilities or potential or contingent liabilities under this Agreement; (D) the proposed course of action would adversely affect any right of the Authority under this Agreement or its ability to enforce any such right; (E) the Contractor's ability to perform its obligations under the Agreement would be materially adversely affected by the proposed course of action; or (F) in the case of a proposed Refinancing, satisfactory arrangements for the Trust to receive the Refinancing Share are not in place. 3.1.3 in relation to Reviewable Design Data submitted pursuant to Clause 9: (A) the Submitted Item is not in accordance with the Facilities Requirements; or (B) the Submitted Item is not in accordance with the Contractor's Proposals; 3.1.4 in relation to any proposed variation to the Contractor's Proposals relating to the Works: (A) the Submitted Item would increase the likelihood of Unavailability or Performance Point Deductions following the relevant Service Availability Date; or (B) would result in a decrease or worsening of the q...
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GROUNDS OF OBJECTION. The expression "raise comments" in this paragraph shall be construed to mean "raise comments or make objections" unless the contrary appears from the context. The Authority's Representative may raise comments in relation to any Submitted Item on the grounds set out in paragraph 2 above or on the ground that the Submitted Item would (on the balance of probabilities) breach any Legislation but otherwise may raise comments in relation to a Submitted Item only as follows: 3.1. in relation to any Submitted Item if: 3.1.1. the Contractor's ability to perform its obligations under this Contract would (on the balance of probabilities) be adversely affected by the implementation of the Submitted Item; or 3.1.2. the implementation of the Submitted Item would (on the balance of probabilities) adversely affect any right of the Authority under this Contract or its ability to enforce any such right; 3.2. in relation to Reviewable Design Data submitted pursuant to Clause 15 (Design Development) if: 3.2.1. the Submitted Item is not in accordance with the Works Requirements; or 3.2.2. the Submitted Item is not in accordance with the Method Statements; 3.2.3. the Submitted Item would increase the likelihood of Deductions following the Services Commencement Date. 3.3. in relation to the submission of any proposed revision or substitution for the Commissioning Plans or any part of any Commissioning Plans (as the case may be) pursuant to Clause 21.2.1 (Testing and Commissioning), on the grounds that: 3.3.1. the proposed revision or substitution is not in accordance with Good Industry Practice; 3.3.2. the revised Commissioning Plan would materially increase disruption to the Authority and/or the WCAs in respect of Contract Waste deliveries pursuant to Clause 21 (Completion of the Works); 3.3.3. the proposed revision or substitution would (on the balance of probabilities) result in an inferior standard of performance of the relevant Facility to the standard of performance in accordance with the Method Statement relating to that facility prior to such proposed revision or substitution; and 3.4. in relation to the submission of any Schedule of Programmed Maintenance, any revision to any Schedule of Programmed Maintenance pursuant to Clause 26.3 (Programmed Maintenance) on the grounds that: 3.4.1. carrying out the Programmed Maintenance in the period or at the times suggested would (on the balance of probabilities) interfere with the operations of the Authority (and/or the WCAs) an...
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Related to GROUNDS OF OBJECTION

  • Notice of Objection Contractor may object to any action taken by NYSERDA pursuant to this Exhibit that prevents the commencement of the time in which interest will be paid by submitting a written notice of objection to NYSERDA. Such notice shall be signed and dated and concisely and clearly set forth the basis for the objection and be addressed to the Vice President, New York State Energy Research and Development Authority, at the notice address set forth in Exhibit B to this Agreement. The Vice President of NYSERDA, or his or her designee, shall review the objection for purposes of affirming or modifying NYSERDA‘s action. Within fifteen (15) working days of the receipt of the objection, the Vice President, or his or her designee, shall notify the Contractor either that NYSERDA‘s action is affirmed or that it is modified or that, due to the complexity of the issue, additional time is needed to conduct the review; provided, however, in no event shall the extended review period exceed thirty (30) working days.

  • Response to Objections Each Party retains the right to respond to any objection raised by a Participating Class Member, including the right to file responsive documents in Court no later than five court days prior to the Final Approval Hearing, or as otherwise ordered or accepted by the Court.

  • Religious Objection Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union as a condition of employment. Such an employee shall, in lieu of dues and fees, pay sums equal to such dues and fees to a non-religious charitable fund. These religious objections and decisions as to which fund will be used must be documented and declared in writing to the Union. Any employee exercising their right of religious objection must provide the Union with a receipt of payment to an appropriate charity on a monthly basis.

  • Religious Objections Any employee who is a member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non-religious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, which has been selected by the employee from a list of such funds designated by the City and the Association in a separate agreement. Such payments shall be made by payroll deduction as a condition of continued exemption from the requirements of financial support to the Association and as a condition of continued employment.

  • Objections Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (9) above; or which prohibit the following use or activity: . Buyer must object the earlier of (i) the Closing Date or (ii) days after ▇▇▇▇▇ receives the Commitment, Exception Documents, and the survey. Buyer’s failure to object within the time allowed will constitute a waiver of Buyer’s right to object; except that the requirements in Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the ▇▇▇▇▇▇▇ money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or Survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, Survey, or Exception Document(s) is delivered to Buyer.