IN THE EVENT THAT a Problem Occurs In the event that a problem occurs that is not provided for by the above provisions it shall be resolved by mutual agreement of the parties hereto.
IN THE EVENT THAT. 3.3.1 the parties agree to a determination in accordance with PIRRS, the parties shall refer the determination of the Revised Rent to PIRRS and any such rent determined by PIRRS shall be the Revised Rent for the purposes of this lease; or
IN THE EVENT THAT. THE PARTIES ARE UNABLE TO AGREE AS TO THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN OR ADDITION TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASIS, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORK, BASED UPON THEIR OWN ESTIMATES, THE CM'S SUBMISSION OR A COMBINATION THEREOF, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPE. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDER. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORK, WHICH IS THE SUBJECT OF SUCH CHANGE ORDER. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTEST, SHALL NOT RELIEVE THE CM FROM PERFORMING THE CHANGE IN THE WORK PROMPTLY AND EXPEDITIOUSLY.
IN THE EVENT THAT. ALL OF THE FUNDS ALLOCATED FOR THE CM’S GENERAL CONDITIONS (EXCLUDING BONDS AND INSURANCE) ARE NOT USED, THE CM SHALL RETAIN ALL OF THOSE FUNDS.
IN THE EVENT THAT. THERE ARE UNUSED ALLOWANCES OR OTHER COST OF WORK FUNDS, ALL OF THOSE FUNDS, PLUS THE ASSOCIATED CM FEE, SHALL BE RETAINED BY THE OWNER.
IN THE EVENT THAT. (1) BellSouth designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) BellSouth acknowledges or a state or federal regulatory body with authority determines that, at the time BellSouth designated such wire center as non- impaired, such wire center did not meet the FCC’s non-impairment criteria, then upon request of CLEC, BellSouth shall transition to UNEs any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances, BellSouth shall refund CLEC the difference between the rate paid by CLEC for such services and the
IN THE EVENT THAT. Sterling Shall Be Liable To BASF For Any Matter Relating To The Quantity Or Quality Of Any Products Delivered By Sterling To BASF Hereunder, Whether Based Upon An Action Or Claim In Contract, Equity, Negligence Or Otherwise, The Amount Of Damages Recoverable By BASF For All Events, Acts Or Omissions Will Not Exceed, In The Aggregate, An Amount Equal to ***; Provided, However, That Such Limitation Shall Not Apply To Any Liability For Which ***.
IN THE EVENT THAT. VESSEL OWNER DOES NOT PAY THE FEE ON TIME AND IN FULL, MARINA RETAINS ITS RIGHT TO EXERCISE THE PROVISIONS FOR A NON-JUDICIAL SALE OF THE VESSEL AS PROVIDED FOR IN SECTION 328.17, FLORIDA STATUTES, AND ANY OTHER STATUTORY OR COMMON LAW REMEDY, IN ADDITION TO ALL OTHER REMEDIES SET FORTH IN THIS AGREEMENT.
IN THE EVENT THAT a) The Supplier terminates this Agreement under clause 15.1 (due to an act of default by ETF) or ETF terminates this Agreement under clause 15.5a), ETF shall pay the costs incurred by the Supplier for providing the handover assistance, provided that such costs are reasonable, properly incurred and approved in advance by ETF (such approval not to be unreasonably withheld, and shall not be withheld if such costs are consistent with, and based upon, the Supplier's then current standard hourly/daily charges).
IN THE EVENT THAT. (1) BellSouth designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) BellSouth acknowledges or a state or federal regulatory body with authority determines that, at the time BellSouth designated such wire center as non- impaired, such wire center did not meet the FCC’s non-impairment criteria, then upon request of CLEC, BellSouth shall transition to UNEs any alternative services in such wire center that were established after such wire center was
