Technical infeasibility Clause Samples

The "Technical infeasibility" clause defines circumstances under which a party is excused from performing certain obligations if it is not technically possible to do so. In practice, this clause applies when, despite reasonable efforts, a party cannot implement a required feature, process, or solution due to technological limitations or incompatibility. For example, a software provider may be unable to integrate a new security protocol because the existing system architecture does not support it. The core function of this clause is to allocate risk and provide a clear process for addressing situations where technical barriers prevent compliance, thereby protecting parties from liability for failures beyond their control.
Technical infeasibility. Where connection would require special pumps or other devices to effect service, Dekalb County may refuse service or require substantial cost sharing by the customer.
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Technical infeasibility. Where a curb ramp would otherwise be required to be installed or modified by this Agreement, but existing physical or site constraints prohibit modification or addition of a curb ramp which is in full and strict compliance, then the City shall provide accessibility to the maximum extent feasible. Before reaching a conclusion about technical infeasibility, the City will consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs.
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Technical infeasibility. The term “Technical Infeasibility” (or “Technically Infeasible”) means, with respect to an alteration of a building or a Facility, that the alteration has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that comply with new construction standards.
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Technical infeasibility. If technical infeasibility can be demonstrated with regard to the provision of accessibility in the men's and women's toilet rooms, the provision of at least one fully accessible unisex toilet room is permitted. A sign indicating the location of the accessible toilet room is required at the inaccessible toilet rooms and a sign identifying the accessible toilet room is required as well. Standards §§ 4.1.6(3)(e)(i), 4.30.
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Technical infeasibility. For the purposes of section 4.7(a)(3), DNB must not refuse an Access Request on the grounds of technical infeasibility unless DNB establishes that there are substantial technical or operational concerns preventing the fulfilment of the Access Request (and provided that the relevant cost implications of the Access Request are at all times borne by the Access Seeker). Each of the following matters shall be taken into account in determining whether access is technically feasible: (a) economic, accounting, billing, space or site concerns shall be disregarded by DNB except that space or site concerns may be taken into account in circumstances where there is no possibility of expanding the space available on the relevant site; (b) any requirement for DNB to modify its Facilities or Equipment in order to meet the Access Request will not, on its own, mean that the access is not technically feasible; (c) if DNB asserts that meeting the Access Request would have an adverse impact on network reliability, DNB must provide evidence that provision of the requested Services would result in a specific and significant adverse impact on network reliability; and (d) DNB must be able to demonstrate that it has considered and found not to be technically feasible (in accordance with this section) improvements that would allow DNB to meet the Access Request (in whole, or in part, and including for an interim period until any primary difficulties can be resolved).
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Technical infeasibility. If Mersana reasonably believes that any task or activity in a Research Plan is technically infeasible to accomplish (including in the case that Mersana reasonably believes that it is not technically feasible to generate Licensed ADCs that satisfy the applicable ADC Criteria), Mersana may request a special meeting of the JRC to discuss Mersana’s concerns with respect to such task or activity. Mersana may also propose an amendment to the Research Plan to address such concerns in accordance with Section 2.2.5. The JRC will meet within [**] after such request to discuss Mersana’s concerns and, if applicable, to decide whether to approve Mersana’s proposed amendment to the Research Plan.
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Related to Technical infeasibility

  • Geotechnical Investigation Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

  • Feasibility Each of the Project Budget, the Project Schedule and the Disbursement Schedule is realistic and feasible.

  • Research Use Reporting To assure adherence to NIH GDS Policy, the PI agrees to provide annual Progress Updates as part of the annual Project Renewal or Project Close-out processes, prior to the expiration of the one (1) year data access period. The PI who is seeking Renewal or Close-out of a project agree to complete the appropriate online forms and provide specific information such as how the data have been used, including publications or presentations that resulted from the use of the requested dataset(s), a summary of any plans for future research use (if the PI is seeking renewal), any violations of the terms of access described within this Agreement and the implemented remediation, and information on any downstream intellectual property generated from the data. The PI also may include general comments regarding suggestions for improving the data access process in general. Information provided in the progress updates helps NIH evaluate program activities and may be considered by the NIH GDS governance committees as part of NIH’s effort to provide ongoing stewardship of data sharing activities subject to the NIH GDS Policy.

  • Licensed Technology (a) LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY. (b) Exhibit A identifies each patent or registration which has been issued to LICENSOR with respect to any of the LICENSED TECHNOLOGY and identifies each pending patent application or application for registration which LICENSOR has made with respect to any of the LICENSED TECHNOLOGY. LICENSEE acknowledges that LICENSOR has previously made available to LICENSEE correct and complete copies of all such patents, registrations and applications (as amended to-date) in LICENSOR’s possession and has made available to LICENSEE correct and complete copies of all other written documentation in LICENSOR’s possession evidencing ownership and prosecution (if applicable) of each such item. (c) Exhibit A identifies each item of LICENSED TECHNOLOGY that is assigned to LICENSOR or that LICENSOR uses pursuant to license, sublicense, agreement, or permission. LICENSOR has made available to LICENSEE correct and complete copies of all such licenses, sublicenses, agreements, patent prosecution files and permissions (as amended to-date) in LICENSOR’s possession. With respect to each item of LICENSED TECHNOLOGY required to be identified in Exhibit A and to the knowledge of LICENSOR: (i) the license, sublicense, agreement, or permission covering the item is legal, valid, binding, enforceable, and in full force and effect; (ii) the license, sublicense, agreement, or permission will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; (iii) no Party to the license, sublicense, agreement, or permission is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default or permit termination, modification, or acceleration thereunder; (iv) no party to the license, sublicense, agreement, or permission has repudiated any provision thereof; (v) the underlying item of LICENSED TECHNOLOGY is not subject to any outstanding lien or encumbrance, injunction, judgment, order, decree, ruling, or charge; (vi) no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or is threatened which challenges the legality, validity, or enforceability of the underlying item of LICENSED TECHNOLOGY; and (vii) except as provided in Exhibit A, LICENSOR has not granted any license or similar right to the LICENSED TECHNOLOGY within the GENERAL FIELD or PARTHENOGENESIS FIELD.