Selection by Developer Sample Clauses

The 'Selection by Developer' clause grants the developer the authority to choose specific materials, products, or subcontractors to be used in a project. In practice, this means the developer can make final decisions regarding certain aspects of construction or design, even if alternatives are available or proposed by other parties. This clause ensures that the developer retains control over key project elements, helping to maintain consistency with their vision and standards, and reducing the risk of disputes over selections.

Selection by Developer. The Developer shall select an option for paying O&M Expenses by providing written notice to the Transmission Owner within thirty (30) days after the Gross Transmission Owner’s Attachment Facilities Plant Investment cost and the most recent Annual Transmission Ongoing Charge Factor have been provided to the Developer. If the Developer fails to provide timely notice to the Transmission Owner of the option selected, the Developer will be deemed to have selected Option 2: Annual Actual.

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Selection by Developer. The Developer shall select which option for paying such O&M Expenses by providing written notice to the Connecting Transmission Owner within thirty (30) days after the Gross Connecting Transmission Owner’s Interconnection Facilities Plant Investment cost and the most recent Annual Transmission Ongoing Charge Factor have been provided to the Developer. If the Developer fails to provide timely notice to the Connecting Transmission Owner of the option selected, the Developer will be deemed to have selected Option 2: Annual Actual O&M Expenses. A-15 SERVICE AGREEMENT NO. 2475 Capitalized terms used in this calculation will have the following definitions:

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Selection by Developer. Developer shall select which option for paying O&M Expenses by providing written notice to the Connecting Transmission Owner within thirty (30) days after receiving from the Connecting Transmission Owner the Gross Connecting Transmission Owner’s Attachment Facilities Plant Investment cost and the most recent Annual Transmission Ongoing Charge Factor. If Developer fails to provide timely notice to Connecting Transmission Owner of the option selected, Developer will be deemed to have selected Option 2: Annual Actual O&M Expenses. Milestones Execute Cost Reimbursement Agreement Completed Interconnection Customer/ Connecting Transmission Owner Issue written authorization to proceed with engineering, design and procurement Completed Interconnection Customer Provide security pursuant to Section 11.5 of the Interconnection Agreement Completed Interconnection Customer Start Engineering & Procurement (Phase 1) Completed Interconnection Customer/ Connecting Transmission Owner Issue Preliminary Design pkg for ICIFs (Phase 1) Completed Interconnection Customer Complete Engineering & Procurement (Phase 1) Completed Interconnection Customer/ Connecting Transmission Owner Start Construction of generation facilities and ICIFs Completed Interconnection Customer Start Construction of CTO IFs and SUFs (Phase 1) Completed Connecting Transmission Owner Complete Construction of generation facilities and ICIFs Completed Interconnection Customer Complete Construction of CTO IFs and SUFs (Phase 1) Completed Connecting Transmission Owner Field verification (Phase 1) Completed Connecting Transmission Owner Testing and Commissioning (Phase 1) Completed Interconnection Customer/ Connecting Transmission Owner Execute Interconnection Agreement Completed ALL Initial Synchronization Completed Interconnection Customer/ Connecting Transmission Owner Commercial Operation Completed Interconnection Customer Phase 2 Construction Start Completed Interconnection Customer/ Connecting Transmission Owner Phase 2 Construction Complete Completed Interconnection Customer/ Connecting Transmission Owner As Builts and Project Closeout 12/2012 Interconnection Customer/ Connecting Transmission Owner Agreed to by: For the NYISO /s/ ▇▇▇▇▇ ▇▇▇▇ Date 10/19/12 For the Connecting Transmission Owner /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Date 10/15/12 For the Interconnection Customer /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Date 10/16/12 The NYISO, in consultation with the Connecting Transmission Owner, shall also provide requirements that must be m...

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Selection by Developer. Developer shall select which option for paying the operations and maintenance charge component of the O&M Expenses by providing written notice to the Connecting Transmission Owner within thirty (30) days after receiving from the Connecting Transmission Owner the CTOAF Plant installed cost. If Developer fails to provide timely notice to Connecting Transmission Owner of the option selected, Developer will be deemed to have chosen: Option 1 (Monthly Fixed Estimated Operation and Maintenance Charges).

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Selection by Developer. Developer shall select which option for paying O&M Expenses by providing written notice to National Grid within thirty (30) days after receiving from National Grid the Gross Connecting Transmission Owner’s Attachment Facilities Plant Investment cost and the most recent Annual Transmission Ongoing Charge Factor. If Developer fails to provide timely notice to National Grid of the option selected, Developer will be deemed to have selected Option 2: Annual Actual O&M Expenses. Capitalized terms used in this calculation will have the following definitions: General Plant Allocation Factor shall equal Electric General Plant divided by the sum of Electric General Plant plus gas general plant as reported in the Annual Report filed with the New York State Public Service Commission. Gross Transmission Plant Allocation Factor shall equal the total investment in Transmission Plant in Service divided by the sum of the total Transmission Plant in Service plus the total Distribution Plant in Service, excluding Intangible Plant, General Plant and Common Plant. Transmission Wages and Salaries Allocation Factor shall equal the ratio of National Grid’s Transmission-related direct electric wages and salaries including any direct wages or salaries charged to National Grid by a National Grid Affiliate to National Grid’s total electric direct wages and salaries including any wages charged to National Grid by a National Grid Affiliate excluding any electric administrative and general wages and salaries. Administrative and General Expense shall equal electric expenses as recorded in FERC Account Nos. 920-935.

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Termination by University (a) If LICENSEE fails to perform or violates any term of this Agreement, then UNIVERSITY may give written notice of default (“Notice of Default”) to LICENSEE. If LICENSEE fails to cure the default within sixty (60) days of the Notice of Default, UNIVERSITY may terminate this Agreement and the license granted herein by a second written notice (“Notice of Termination”) to LICENSEE. If a Notice of Termination is sent to LICENSEE, this Agreement shall automatically terminate on the effective date of that notice. Termination shall not relieve LICENSEE of its obligation to pay any fees owed at the time of termination and shall not impair any accrued right of UNIVERSITY. During the term of any such Notice of Default or period to cure, to the extent the default at issue is a failure to pay past or ongoing Patent Costs as provided for under this Agreement, UNIVERSITY shall have no obligation to incur any new Patent Costs under this Agreement and shall have no obligation to further prosecute Patent Rights or file any new patents under Patent Rights. (b) This Agreement will terminate immediately, without the obligation to provide sixty (60) days’ notice as set forth in Paragraph 7.1(a), if LICENSEE files a claim including in any way the assertion that any portion of UNIVERSITY’s Patent Rights is invalid or unenforceable where the filing is by the LICENSEE, a third party on behalf of the LICENSEE, or a third party at the written urging of the LICENSEE. (c) This Agreement shall automatically terminate without the obligation to provide sixty (60) days’ notice as set forth in Paragraph 7.1 (a) upon the filing of a petition for relief under the United States Bankruptcy Code by or against the LICENSEE as a debtor or alleged debtor.

Cooperation by Holders The Partnership shall have no obligation to include Registrable Securities of a Holder in a Registration Statement or in an Underwritten Offering pursuant to Section 2.03(a) if such Holder has failed to timely furnish such information that the Partnership determines, after consultation with its counsel, is reasonably required in order for any registration statement or prospectus supplement, as applicable, to comply with the Securities Act.

Termination by ICANN (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction. (b) ICANN may, upon notice to Registry Operator, terminate this Agreement if Registry Operator fails to complete all testing and procedures (identified by ICANN in writing to Registry Operator prior to the date hereof) for delegation of the TLD into the root zone within twelve (12) months of the Effective Date. Registry Operator may request an extension for up to additional twelve (12) months for delegation if it can demonstrate, to ICANN’s reasonable satisfaction, that Registry Operator is working diligently and in good faith toward successfully completing the steps necessary for delegation of the TLD. Any fees paid by Registry Operator to ICANN prior to such termination date shall be retained by ICANN in full. (c) ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator fails to cure a material breach of Registry Operator’s obligations set forth in Section 2.12 of this Agreement within thirty (30) calendar days of delivery of notice of such breach by ICANN, or if the Continued Operations Instrument is not in effect for greater than sixty (60) consecutive calendar days at any time following the Effective Date, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in material breach of such covenant, and (iii) Registry Operator fails to cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction. (d) ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator makes an assignment for the benefit of creditors or similar act, (ii) attachment, garnishment or similar proceedings are commenced against Registry Operator, which proceedings are a material threat to Registry Operator’s ability to operate the registry for the TLD, and are not dismissed within sixty (60) calendar days of their commencement, (iii) a trustee, receiver, liquidator or equivalent is appointed in place of Registry Operator or maintains control over any of Registry Operator’s property, (iv) execution is levied upon any material property of Registry Operator, (v) proceedings are instituted by or against Registry Operator under any bankruptcy, insolvency, reorganization or other laws relating to the relief of debtors and such proceedings are not dismissed within sixty (60) calendar days of their commencement, or (vi) Registry Operator files for protection under the United States Bankruptcy Code, 11 U.S.C. Section 101, et seq., or a foreign equivalent or liquidates, dissolves or otherwise discontinues its operations or the operation of the TLD. (e) ICANN may, upon thirty (30) calendar days’ notice to Registry Operator, terminate this Agreement pursuant to Section 2 of Specification 7 or Sections 2 and 3 of Specification 11, subject to Registry Operator’s right to challenge such termination as set forth in the applicable procedure described therein. (f) ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator knowingly employs any officer who is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) calendar days of Registry Operator’s knowledge of the foregoing, or (ii) any member of Registry Operator’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from Registry Operator’s board of directors or similar governing body within thirty (30) calendar days of Registry Operator’s knowledge of the foregoing. (g) ICANN may, upon thirty (30) calendar days’ notice to Registry Operator, terminate this Agreement as specified in Section 7.5. (h) [Applicable to intergovernmental organizations or governmental entities only.] ICANN may terminate this Agreement pursuant to Section 7.16.

Termination by Licensor Without Notice Licensee shall be deemed to be in default under this Agreement, and all rights granted herein shall automatically terminate without notice to Licensee, if Licensee becomes insolvent or makes a general assignment for the benefit of creditors; or if a petition in bankruptcy is filed by Licensee or against Licensee and not opposed by Licensee within sixty (60) days of such filing; or if Licensee is adjudicated as bankrupt or insolvent; or if a bill ▇▇ equity or other proceeding for the appointment of a receiver of Licensee or other custodian for Licensee's business or assets if filed and consented to by Licensee; or if a receiver or other permanent or temporary custodian of Licensee's assets or property, or any part thereof, is appointed by any court of competent jurisdiction; or if proceedings for a composition with creditors under any state or federal law should be instituted by or against Licensee; or if a material final judgment remains unsatisfied or of record for thirty (30) days or longer (unless supersedeas bond is filed); or if Licensee is dissolved; or if a suit to foreclose any lien or mortgage against real or personal property used in the operation of Licensee's business, the loss of which would have a material adverse effect on Licensee, is instituted against Licensee and not dismissed within thirty (30) days; or if execution is levied against Licensee's business or property, the loss of which would have a material adverse effect on Licensee; or if real or personal property of Licensee used in its business, the loss of which would have a material adverse effect on Licensee, shall be sold after levy thereupon by any sheriff, marshal, or constable; or if Licensee at any time ceases to operate or otherwise abandons its business or otherwise forfeits the right to do or transact business in any market(s) in the Territory; or if Licensee loses any government license required to engage in the Business or otherwise forfeits the right to do or transact business in one or more market(s), in which event Licensee's rights under this Agreement shall automatically terminate.

Termination by the University i) The university may terminate this agreement under the following circumstances:

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