Updating Clause Samples
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Updating a. Target Schedule
(1) The Design-Builder may make non-material changes to the individual activity durations, activity relationships, constraints, costs, add or delete activities, and alter the Target Schedule’s logic ties. The Design-Builder shall not make any material changes or changes that affect Milestones agreed upon in the Target Schedule unless such changes are fully explained in the monthly update schedule narrative and are approved by the Commission. Design-Builder shall not modify the original approved project duration or Substantial Completion date except by a Commission approved Change Order. Design-Builder shall indicate progress on the Target Schedule on a monthly basis by updating the Target Schedule with the following:
(i) Actual start dates
(ii) Actual finish dates
(iii) Activity percent completion
(iv) Remaining duration of activities in progress
(v) Identified or highlighted critical activities
(2) The Progress reported in the monthly update to the Target Schedule shall be applied against the cost loaded Target Schedule to support determination of the earned value available for payment. The Target Schedule must accurately reflect the Project’s current status and the cumulative Earned Value of the individual activities. The earned value available for payment may be decreased or increased as deemed necessary by the Commission Representative to accurately reflect actual work in place on the Project.
b. The Design-Builder will submit monthly updates of the Target Schedule in number, form and format acceptable to the Commission Representative.
c. As part of the normal monthly Schedule update for the Target Schedule, the Design-Builder will prepare a written narrative report, highlighting the progress during the past update period. The written narrative report will include but not necessarily be limited to the following information:
(1) Summary of Work accomplished during the past update period;
(2) Contract Milestone Comparison Chart;
(3) Analysis of Critical Path;
(4) Analysis of time lost/gained during the update period;
(5) Identification of problem areas; This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers.
(6) Recommended solutions to current problems.
d. Upon receipt of the Target Schedule update, the Commission Representative will review the Schedule update and narrative for conformance w...
Updating. All anonymous and/or unsubstantiated material presently in faculty records at the beginning of the current Agreement shall be removed.
Updating. The foregoing representations and warranties under this ARTICLE IV shall be true as of the date of this Agreement and as of the date of Closing. In the event that the Seller becomes aware of any changes in the foregoing representations and warranties occurring after the Effective Date and prior to the date of Closing, the Seller shall promptly disclose such changes in writing to the Buyer. Should any of the Seller’s representations and warranties either be found to be incorrect in any materially detrimental respect as the result of any changes occurring after the Effective Date but prior to the Closing, the Seller shall notify the Buyer of such issue within 10 days of its discovery. The Seller shall use reasonable efforts to attempt to cure the same by the Closing. If the Seller is unable to cure same by the Closing, the Closing shall be postponed until 5 Business Days following the Buyer’s receipt of proof reasonably satisfactory to the Buyer that such matters have been cured, provided, however, if the Seller is unable to cure the same within 15 days after the scheduled Closing, the Buyer shall be entitled to elect by giving the Seller written notice that the Buyer either (i) waives the same and shall proceed to Closing or (ii) terminates this Agreement, whereupon the ▇▇▇▇▇▇▇ Money shall be immediately returned to the Buyer, and, upon return of the ▇▇▇▇▇▇▇ Money, this Agreement shall terminate and the Buyer and the Seller shall have no further rights, liabilities or obligations hereunder (except as expressly survive the termination of this Agreement). For avoidance of doubt, if any of the Seller’s representations and warranties were incorrect when made on the Effective Date, the Seller shall be in breach of this Agreement.
Updating. 3.1 In the event that the Supplier makes changes to the protected program at the Customer’s premises, the Supplier shall immediately update the material held in escrow as necessary. Any agreement made concerning a deadline for updates by the Supplier shall be stated in Appendix 1.
3.2 Upon receiving new material, Danish Escrow Institute shall send notification of this to the Customer as well as an acknowledgement of receipt to the Supplier.
3.3 Notification shall be sent to the Customer and Supplier’s contact persons specified in Appendix 3.
3.4 The parties to this Escrow Agreement shall send information concerning changes of address and contact persons to Danish Escrow Institute.
Updating. At the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in the Certification or, if applicable, Standard Form-LLL, Qualified Producer shall file with TVA an initial or new Standard Form-LLL with such new information or modifications as are necessary to correct any inaccuracies in the information originally declared and certified.
Updating. (a) Without limitation to EME's obligations under Section 6.20(b), EME shall notify the Purchaser of any changes or additions to any of EME's Schedules to this Agreement (including the EME Disclosure Schedule and the Structure Chart contained in Section 4.5(b) of the EME Disclosure Schedule) by the delivery of updates thereof, if any, as of a reasonably current date prior to the Closing, but in no event later than five (5) Business Days prior to the Closing, provided that EME shall continue to deliver updates relating to subsequent changes or additions to any of the Schedules of EME until the Closing. No such updates made pursuant to this Section 6.20(a) shall be deemed to cure any inaccuracy or breach of any representation or warranty made in this Agreement as of the Effective Date nor, for purposes of Section 8.2(a) or Section 11.3(a)(i) (subject to the terms of the second proviso contained therein), the Closing Date, unless the Purchaser specifically agrees thereto in writing, nor shall any such notification be deemed to constitute or give rise to a waiver (whether express or implied) by the Purchaser of any covenant or condition set forth in this Agreement. Without limiting the generality of the foregoing, EME shall notify the Purchaser reasonably promptly of the occurrence of any material casualty, physical damage, destruction or physical loss respecting, or, to the best of the Knowledge of EME, material adverse change in the physical condition of, any Project, subject to ordinary wear and tear and to routine maintenance.
(b) The Sellers and the Purchaser Parties, as the case may be, shall notify each other promptly after becoming aware of (i) the occurrence or non-occurrence of any event whose occurrence or non-occurrence would (A) cause any representation or warranty given by them respectively in this Agreement to be untrue or inaccurate in any material respect at any time from the date hereof to the Closing Date, (B) prevent any condition set forth in Article VIII from being satisfied prior to the Outside Date and (ii) any material failure of any of the Parties or their respective Affiliates or any of their respective Representatives, to comply with or satisfy any covenant, condition or agreement to be complied with or satisfied by it hereunder or (C) any material breach or alleged material breach of any Major Contract of which EME has Knowledge.
Updating. Each Party shall keep the other reasonably informed of developments in any action or proceeding relating to the potential infringement of the claims of a Patent Right relating to the Lead Carrier, the Commercial Carrier or the Back-Up Carrier including, to the extent permissible by law, the state of any settlement negotiations and the terms of any offer related thereto.
Updating. If your Computer is connected to the Internet, the Software may, without additional notice, check for Updates that are available for automatic download and installation to your Computer and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically downloaded but not installed without additional notice unless you change your preferences to accept automatic installation. Only non-personally identifying information is transmitted to Adobe when this happens, except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions. The use of such information, including your IP Address, as provided by the auto update process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for information about changing default update settings at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/go/settingsmanager for Flash Player, ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/go/update_details_url (or successor website) for Reader, and ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/go/air_update_details for Adobe AIR.
Updating. Account changes such as phone number, location, or address must be reported by the account owner to the systems administrator.
Updating. The Software may cause your Computer, without additional notice, automatically to connect to the Internet (intermittently or on a regular basis) to check for Updates that are available for download to and installation on your Computer and to let Adobe know the results of installation attempts. Please consult the Documentation for information about changing update settings.