Where it appears to Clause Samples

The 'Where it appears to' clause is used to grant discretion or authority to a particular party, often allowing them to make determinations or judgments based on appearances or reasonable belief rather than absolute certainty. In practice, this clause might empower a party to take action if it seems, based on available information, that a certain condition has been met or a breach has occurred, even if definitive proof is not yet available. Its core function is to provide flexibility and enable timely responses in situations where waiting for conclusive evidence could cause harm or delay, thereby managing risk and ensuring smoother contract administration.
Where it appears to. You that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable You to comply with the terms of the Agreement You may apply in writing to Us for consent to cut, fell and remove other trees owned by Us, such consent shall not be unreasonably withheld and shall be confirmed (on such terms as We may determine which will include payment at the agreed market value) or denied in writing within ten Business Days of application.
Where it appears to the Director that in respect of any country or territory the obligation imposed by paragraph 15.2 is being breached, he may make a determination to that effect and the Licensee shall take such steps as the Director may direct for the purpose of remedying the situation. In particular, and without prejudice to the generality of the foregoing, any such direction may require the Licensee to cease to convey any Messages to that country or territory.
Where it appears to the Enrollment Commission that a Local Enrollment Committed is not able to carry out the duties and functions provided by paragraph 3.3.2 by the date fixed by the Commission, the Commission may exercise any or all of the duties and responsibilities of the Local Enrollment Committed.
Where it appears to the Panel that a third person may be entitled to part of the proceeds of an insurance policy claimed in the appeal, the decision shall reflect any such entitlement and the Panel may order the payment of the appropriate amount to any such third person out of the sum awarded by the Panel (section 19.2 Appeals Guidelines).
Where it appears to the Chief Executive that an employee is likely to be either potentially or actually excess to the department’s requirements, the Chief Executive will, at the earliest practicable time, advise and discuss with the parties to this Agreement the following issues (as appropriate in each case): (a) the number and classification of employees in the part of the department affected; (b) the reasons an employee is or employees are likely to be excess to requirements; (c) the method of identifying employees as excess, having regard to the efficient and economical working of the department and the relative efficiency of employees; (d) the number, classification, location and details of the employees likely to be excess; (e) the number and classification of employees expected to be required for the performance of any continuing functions in the part of the department affected; (f) measures that could be taken to remove or reduce the incidence of employees becoming excess; (g) redeployment prospects for the employees concerned; and (h) the appropriateness of using voluntary retirement.
Where it appears to the Director that as a result of any act or omission of the Licensee either by itself or with or through any Associated Person competition in the provision of any telecommunication service or any particular description of telecommunication services in the United Kingdom is being or is likely to be restricted, distorted or prevented he may make a determination to that effect.
Where it appears to the taxation authorities of one of the Contracting States that a taxpayer resident in that Contracting State has not received the treatment to which he is entitled under the provisions of this Convention, so that his income or any part of this income is subjected to double taxation, those taxation authorities shall, on due request by the taxpayer, consult with the taxation authorities of the other Contracting State with a view to the avoidance of the double taxation in question.

Related to Where it appears to

  • Notice of Exclusive Control So long as the Securities Intermediary has not received a Notice of Exclusive Control (as defined below), the Securities Intermediary may, subject to paragraph (ii) below, comply with entitlement orders of the Lien Grantor or any duly authorized agent of the Lien Grantor in respect of the Account and any or all financial assets credited thereto. After the Securities Intermediary receives a written notice from the Secured Party that it is exercising exclusive control over the Account (a "Notice of Exclusive Control"), the Securities Intermediary will cease complying with entitlement orders of the Lien Grantor and any of its agents.

  • Notice of Change a. If the Authority requires a Change, it shall serve a Notice (an "Authority Notice of Change") on the Contractor. b. The Authority Notice of Change shall set out the change required to the Contractor Deliverables in sufficient detail to enable the Contractor to provide a written proposal (a "Contractor Change Proposal") in accordance with clause 3 below.

  • Notice of Change of Control Each occasion that any Change of Control shall occur and such notice shall set forth in reasonable detail the particulars of each such occasion.

  • Notice of Extension (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.